BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1857
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          Date of Hearing:   May 5, 2010

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                                   Joe Coto, Chair
                  AB 1857 (Cook) - As Introduced:  February 12, 2010
           
          SUBJECT  :   Horse racing: out-of-state thoroughbred races:  
          importation limitation.

           SUMMARY  :   Increases, from 32 to 36, the limitation on the total  
          number of out-of-state Thoroughbred races that may be imported  
          per day by a Thoroughbred association or fair that is conducting  
          a live race meet with approval by the California Horse Racing  
          Board (CHRB).  

           EXISTING LAW  :

          1)Provides that CHRB regulate the various forms of horse racing  
            authorized in this state.

          2)Limits the number of races that may be imported by  
            associations and fairs 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.  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 Travers Stakes, the Breeders'  
            Cup, the Dubai Cup, or the Haskell Invitational.

          3)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.

          4)Authorizes Thoroughbred racing associations or fairs to  
            distribute the audiovisual signal and accept wagers on the  
            results of out-of-state and international Thoroughbred races  
            during the calendar period the association or fair is  
            conducting live racing, including days on which there is no  
            live racing being conducted by the association or fair.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   








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          The scale and scope of horse racing is governed by statute.  Any  
          attempt to expand its market requires legislative action.  The  
          California Legislature has attempted to address the racing  
          industry's long-term viability through a number of legislative  
          efforts to expand the exposure of horse racing to the general  
          public and enhance horse racing's marketability.

          AB 1857 increases the number of out-of-state races on which  
          Thoroughbred and fair racing associations may simulcast and  
          accept wagers on each day from 32 to 36.  The author states by  
          allowing Thoroughbred and fair racing associations to import  
          more out-of-state races, it will give the horse racing industry  
          a marketing tool and leverage with racetracks outside of this  
          state.  Presently, due to specific importation restrictions,  
          Thoroughbred and fair racing associations are sending their  
          signal to out-of-state locations, but are not able to receive  
          the maximum rate for their live racing product.  However, if  
          these racing associations were able to accept more out-of-state  
          races under some type of reciprocity agreement, a majority of  
          the money wagered between the two markets would stay in this  
          state for track commissions, purses, and breeders' awards.

          This measure will also give the industry a marketing tool to  
          increase on-track and off-track attendance because more quality  
          races from out-of-state locations would be offered to their  
          wagering patrons on a daily basis.

          Background:  

          Satellite wagering  :  Satellite wagering via an off-track  
          facility has been legal in California since 1985.  It was  
          authorized at a time when California racetracks were beginning  
          to experience declining attendance and handle figures.  The  
          industry believed that making the product easier to access not  
          only would expose and market horse racing to potential  
          customers, but also would make it more convenient for the  
          existing patrons to wager more often.

           Simulcasting  :  Simulcasting is the process of transmitting the  
          audio and video signal of a live racing performance from one  
          facility to a satellite for retransmission to other locations or  
          venues where pari-mutuel wagering is permitted.  Simulcasting  
          provides racetracks with the   opportunity to increase revenues  
          by exporting their live racing content to as many wagering  








                                                                  AB 1857
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          locations as possible, such as other racetracks, fair satellite  
          facilities and Indian casinos.  Revenues are increased because  
          simulcasting provides racetracks that export their live content  
          with additional customers in multiple locations who would not  
          have otherwise been able to place wagers on the live racing  
          event.

           Racetrack Attendance  :  There has been a general decline in the  
          number of people attending and wagering at live horse racetracks  
          in California due to a number of factors, including increased  
          competition from other forms of gaming, unwillingness of  
          customers to travel a significant distance to racetracks and the  
          availability of off-track wagering. The declining attendance at  
          live horse racing events has prompted racetracks to rely on  
          revenues from in-state and out-of-state satellite wagering and  
          account wagering. 

           Related legislation  :

          AB 2790 (Committee on Governmental Organization) of 2010, add  
          races that are part of the race card of the Arlington Million to  
          the list of imported races not subject to the limitation of 32  
          races per day.  (Pending in Assembly G.O. Committee)

          SB 899 (Denham) of 2010, deletes the statewide cap on the number  
          of out-of-country thoroughbred races that a thoroughbred racing  
          association or fair may import, simulcast and on which wagers  
          may be accepted. (Senate Floor)

           Prior legislation  :  

          AB 3074 (Governmental Organization Committee), Chapter 510,  
          Statutes of 2008.  Allows a harness racing association in  
          California to import all of the races conducted on Kentucky  
          Futurity day, irrespective of the six-race day limit in law and  
          increases, from 23 to 32, the limitation on the total number of  
          out-of-state Thoroughbred races that may be imported per day by  
          a Thoroughbred association or fair that is conducting a live  
          race meet.

          AB 1736 (Assembly Committee on Governmental Organization),  
          Chapter 444, Statutes of 2007.  Adds the "Travers Stakes" to the  
          group of specific stake races which are exempt from the 23-race  
          per day limit on imported races, as specified.









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          SB 379 (Denham), Chapter 443, Statutes of 2007.  Adds the Dubai  
          World Cup race to a specified list of races that would be  
          exempted from the 23-race per day limit on imported races for  
          satellite wagering in California.

          SB 590 (Perata), Chapter 936, Statutes of 2001.  Authorizes  
          Thoroughbred racing associations and fairs in the northern  
          racing zone to increase the number of imported racing simulcasts  
          available to be wagered upon if the CHRB reduces the number of  
          live racing days.

          AB 509 (Jerome Horton), Chapter 235, Statutes of 2004.  Allows a  
          Thoroughbred or fair association to distribute the audiovisual  
          signal and accept wagers on the results of out-of-country  
          Thoroughbred races during the calendar period the association or  
          fair is conducting a race meeting under specified conditions.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           

          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531