BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 763|
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                                 THIRD READING


          Bill No:  AB 763
          Author:   Chesbro (D), et al
          Amended:  6/2/09 in Senate
          Vote:     27 - Urgency

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  9-0, 6/9/09
          AYES:  Wright, Harman, Benoit, Calderon, Denham, Negrete  
            McLeod, Padilla, Wiggins, Yee
          NO VOTE RECORDED:  Florez, Oropeza, Wyland, Vacancy
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  78-0, 5/11/09 - See last page for vote


           SUBJECT  :    Horse racing:  Humboldt County Fair

           SOURCE  :     Humboldt County Fair Association


          DIGEST  :    This bill allows the Humboldt County Fair to  
          import and accept wagers on up to eight races per day from  
          out-of-state locations and allows the Del Mar Thoroughbred  
          Club to import and accept wagers on an additional eight  
          races per day from out-of-state locations during the period  
          that the Humboldt County Fair is conducting a live race  
          meet.  

           ANALYSIS  :    Existing law provides that the California  
          Horse Racing Board (CHRB) regulate the various forms of  
          horse racing authorized in this state.

                                                           CONTINUED





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          Existing law limits the number of races that may be  
          imported by a thoroughbred association or fair to no more  
          than 32 races per day on days when live thoroughbred or  
          fair racing is being conducted in this state, with  
          specified exceptions.  Provides that wagering on these  
          races may occur without the consent of the horsemen/women  
          participating in the meet, and without regard to the amount  
          of purses involved with the races.

          Existing law exempts from that 32-race per day limit races  
          imported that are part of the race card of certain  
          prominent races, including the Kentucky Derby, the Kentucky  
          Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey  
          Club Gold Cup, the Breeders' Cup, the Travers Stakes, or  
          the Haskell Invitational.

          Existing law authorizes a thoroughbred racing association  
          or fair to import out-of-country races during the calendar  
          period the association or fair is conducting a race  
          meeting.  Limits the total number of out-of-country  
          thoroughbred races on which wagers are allowed to be  
          accepted statewide in any given year to no more than the  
          number of out-of-country races that were imported and on  
          which wagers were accepted in 1998.  Provides that wagering  
          on these races may occur without the consent of the  
          horsemen/horsewomen participating in the meet.

          Existing law provides CHRB is authorized to permit a  
          harness or quarter horse association conducting a race  
          meeting to accept wagers on the results of up to eight  
          out-of-state or out-of-country harness or quarter horse  
          races per day, if specified conditions are met.  If only  
          one breed is being raced on a given day, the racing  
          association conducting live racing may import those races  
          that would otherwise be simulcast by the association that  
          is not racing, as specified.

          Existing law authorizes a licensed harness racing  
          association that is conducting a live racing meeting in  
          this state to accept wagers on the full card of races  
          conducted by another racing association on the day that  
          other association conducts the Breeder's Crown Stakes, the  
          Meadowlands Pace, the Hambletonian, or the North American  
          Cup.







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          This bill:

          1. Provides that, in addition to the authorization to  
             accept wagers on out-of-state and out-of-country races  
             authorized by current law, during calendar periods when  
             a thoroughbred association or fair in the northern zone  
             and the Humboldt County Fair (HCF) simultaneously  
             conduct live race meetings, HCF and a thoroughbred  
             association in the southern zone when conducting a live  
             race meeting and only on days in which live races are  
             being run, may accept wagers on the results of not more  
             than eight out-of-state thoroughbred horse races, if all  
             of the following conditions are met:

             A.    HCF conducts at least six live races; and,

             B.    HCF and the thoroughbred association in the  
                southern zone accept wagers only on out-of-state  
                thoroughbred races that commence before 4:30 p.m.,  
                Pacific Standard Time.

          2. Allows HCF to contract with the thoroughbred association  
             or fair in the southern zone to distribute the signal  
             statewide on its behalf.

          3. Becomes effective immediately upon enactment in order to  
             alleviate economic uncertainty for HCF, preserve jobs,  
             ensure that live horse racing continues in Humboldt  
             County each year, and for this act to apply to the 2009  
             racing season.

           Background  

          The bill's sponsor, the Humboldt County Fair Association,  
          is a nonprofit organization that has served as the  
          management arm of the annual HCF in Ferndale for 114 years.  
           Horse racing has been an integral and essential part of  
          HCF since its inception in 1896.  Due to recent and  
          dramatic changes in horse racing, however, the fair faces  
          the very real possibility of losing this important  
          activity.

          HCF states, "The new revenues generated from this bill  







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          would be essential to our bottom-line and would provide the  
          basis for continuing with the great tradition of horse  
          racing at the fair to be enjoyed by generations to come."   
          HCF further states that revenues derived from this bill  
          will not only support the fair, but the breeding, owning  
          and racing of California horses and mules while  
          supplementing the existing breeding incentive programs.   
          This bill allows HCF to import up to eight out-of-state  
          races, which is similar to the right held by harness or  
          quarter horse associations while operating a CHRB  
          sanctioned live racing meet.

          After a record-breaking meet in 2007, when total handle  
          exceeded $4.2 million, HCF finished 2008 with total handle  
          of $3.6 million.  One reason for the decline was a decrease  
          in the number of horse races at the fair meet.  HCF had a  
          difficult time drawing horses from northern California's  
          limited supply because they operate at the same time as  
          another fair.  There were 442 runners for the 2008 meet,  
          compared to 504 in 2007.  This trend is common for all live  
          horse racing meets in California.

          This bill gives HCF a marketing tool to increase on-track  
          and off-track attendance because quality races from an  
          out-of-state location would be able to be offered to their  
          wagering patrons to offset less live races and overall  
          wagering opportunities, thereby providing a mechanism to  
          increase track commissions and purses while operating a  
          live race meet.

           NOTE:  Please refer to the Senate Governmental  
                 Organization Committee analysis for additional  
                 background information.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/22/09)

          Humboldt County Fair Association (source)
          California Authority of Racing Fairs
          Del Mar Thoroughbred Club
          Humboldt County Board of Supervisors








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           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,  
            Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.  
            Perez, V. Manuel Perez, Portantino, Price, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Bass
          NO VOTE RECORDED:  Ruskin, Yamada


          TSM:mw  6/22/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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