BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          1857
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          AB 1857  Author:  Cook
          As Introduced:  February 12, 2010
          Hearing Date:  June 22, 2010
          Consultant:  Art Terzakis


                                     SUBJECT  
                 Horse racing: out-of-state thoroughbred races

                                  DESCRIPTION
           
          AB 1857 increases from 32 to 36 the total number of  
          thoroughbred horse races that may be imported statewide for  
          satellite simulcast and wagering, not including numerous  
          specified exceptions to this cap.

                                   EXISTING LAW

           Existing law 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.

          Existing law 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 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.   
          Existing law exempts from that 32-race per day limit races  




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          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.
                                         
                                   BACKGROUND
           
          AB 1857 would increase 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 is also intended to provide 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.
           
          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  
          re-transmission to other locations or venues where  
          pari-mutuel wagering is permitted.  Simulcasting provides  
          racetracks with the opportunity to increase revenues by  




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          exporting their live racing content to as many wagering  
          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:    The industry has witnessed 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.
           
                            PRIOR/RELATED LEGISLATION
           
           AB 2790 (Governmental Organization) 2009-10 Session.   Would  
          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 this  
          Committee)

           SB 899 (Denham) 2009-10 Session.   Would delete 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  
          statewide in any given year.  (Pending in Assembly policy  
          committee)
           
          AB 3074 (Governmental Organization) Chapter 508, Statutes  
          of 2008.    Authorized the CHRB to allow harness racing  
          tracks to accept wagers during the Kentucky Futurity and  
          increased from 23 to 32 the total number of thoroughbred  
          races that may be imported statewide for satellite wagering  
          by associations or fairs. 

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





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           AB 241 (Price) Chapter 594, Statutes of 2007.    Among other  
          things, authorized all fairs to operate a satellite  
          wagering facility off of the fair grounds.  In addition,  
          authorized the establishment of up to 45 "mini-satellite"  
          wagering sites to be operated by private industry  
          throughout the state. 

           AB 1736 (Governmental Organization) Chapter 444, Statutes  
          of 2007.    Added the "Travers Stakes" to a specified day of  
          races that would be exempted from the 23-race day limit on  
          imported races for satellite wagering. 

           AB 509 (Jerome Horton) Chapter 235, Statutes of 2004.    
          Allowed a thoroughbred racing association or fair to import  
          the audiovisual signal, and accept wagers on, the results  
          of out-of-country thoroughbred races. 

           SB 27 (Maddy) Chapter 335, Statutes of 1998.    Among other  
          things, authorized wagering on the results of out-of-state  
          thoroughbred races provided that the total number accepted  
          statewide in any given year does not exceed the total  
          number of thoroughbred races on which wagers were accepted  
          in 1998.  Also, capped the total number of thoroughbred  
          races imported at 23 per day. 

           SUPPORT:   California Authority of Racing Fairs

           OPPOSE:   None on file as of June 22, 2010.

           FISCAL COMMITTEE:   No.

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