BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 1992

                                                                  Page  1


          GOVERNOR'S VETO
          AB 1992 (Portantino)
          As Amended  March 24, 2010
          2/3 vote


           GOVERNMENTAL ORGANIZATION  21-0     APPROPRIATIONS  17-0        

           
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          |Ayes:|Coto, Anderson,           |Ayes:|Fuentes, Conway, Ammiano, |
          |     |Blakeslee, Chesbro, Cook, |     |Bradford, Charles         |
          |     |Bradford, Evans,          |     |Calderon, Coto, Davis, De |
          |     |Galgiani, Hall,           |     |Leon, Hall, Harkey,       |
          |     |Hernandez, Hill,          |     |Miller, Nielsen, Norby,   |
          |     |Charles Calderon, Ma,     |     |Skinner, Solorio,         |
          |     |Mendoza, Nestande, V.     |     |Torlakson, Torrico        |
          |     |Manuel Perez, Portantino, |     |                          |
          |     |Silva, Torres, Torrico,   |     |                          |
          |     |Tran                      |     |                          |
           ----------------------------------------------------------------- 

           ---------------------------------------------------------------- 
          |ASSEMBLY: |76-0 |(May 13, 2010)  |SENATE: |34-0 |(July 1, 2010) |
          |          |     |                |        |     |               |
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           1)SUMMARY:  Requires the California Horse Racing Board (CHRB) to  
            establish and maintain its current safety standards for racing  
            surfaces whether the surface is synthetic or dirt, and for the  
            maintenance of the racing surface.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, costs associated with this legislation would be minor  
          and absorbable within existing CHRB resources.

           COMMENTS  : 

           Purpose of the bill  :  According to the author, this bill will  
          ensure that California remains one of the most proactive racing  
          jurisdictions in the country in its efforts to reduce racetrack  
          injuries and afford participants the most protection possible,  









                                                                  AB 1992

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          whether in track safety or in safe practices.  The bill will  
          give the CHRB and the racing industry a tool to stay committed  
          to a high degree of transparency in the conduct of all its  
          activities related to safety and integrity for its human and  
          equine athletes.  The author states that when owners, trainers,  
          tracks, and other industry participants work together on an  
          issue such as track safety, it will lead to standards which will  
          benefit the entire industry.

           Background  :  In 2006, the CHRB adopted a rule to require the  
          installation of a synthetic surface at all racetracks that  
          conduct more than four weeks of racing in California by the end  
          of 2007.  The tracks impacted were Santa Anita, Hollywood Park,  
          Golden Gate Fields, Bay Meadows and Del Mar.  The CHRB stated  
          that it viewed synthetic surfaces as crucial to the health and  
          safety of the jockeys, horses, and other directly related  
          participants in racing.  Various racing associations (tracks),  
          owners, trainers and jockeys also expressed interest in  
          converting to synthetic type racing surfaces.  It was believed  
          that this type of surface would provide a more consistent and  
          safer racing surface which would save money in maintenance  
          costs.  To date, all of the tracks have met the mandate.  Bay  
          Meadows has ceased live racing operations.  It has been reported  
          that the cost of installing a synthetic surface costs between $6  
          million and $10 million per track.

          Engineered racing surfaces typically include several layers - a  
          drainage system, then sometimes another layer of sand, and a  
          mixture of fibers, sand, and wax on top. The mixture is the  
          "secret ingredient" of each racing surface.  There are several  
          types of synthetic racetrack surfaces being used worldwide. Some  
          of the different types of patented synthetic surfaces used at  
          California's racetracks include: Polytrack, Cushion Track,  
          Pro-Ride, and Tapeta Footings.  Manufacturers of synthetic  
          racetrack surfaces promote the fact that their products have  
          drainage attributes that are better than natural surfaces, which  
          allows tracks to be rated as fast under circumstances that would  
          normally result in sloppy, slow or muddy conditions.  

          The recipe for finding the correct mixture for each racetrack  
          surface has proven considerably more elusive than anticipated.   
          Synthetic surfaces were touted as low-maintenance alternatives  









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          to the constant tinkering that goes hand-in-hand with dirt  
          surfaces.  However, few of the tracks that have switched to  
          artificial surfaces have been truly low-maintenance. Some of  
          California's race meets have struggled with climate  
          vacillations-temperature and moisture-and drainage issues on  
          extremely raining days.

          To date, synthetic surfaces in California have been a subject of  
          much debate; there are naysayers and believers; and at this  
          juncture, there is no consensus about them within California's  
          racing industry, as they have been the subject of much  
          deliberation in front of the CHRB and other related  
          organizations.  California's racing surfaces have been a subject  
          of dispute for years pertaining to their safety, make-up, and  
          consistency.

           CHRB oversight of surfaces  :  In 2009, the CHRB stated that the  
          board would be coordinating a range of studies to gain a better  
          understanding of racing surfaces and determine any relationship  
          between racing surfaces and equine injuries in order to improve  
          these surfaces, reduce injuries, and meet the CHRB's statutory  
          obligation to develop track safety standards for the protection  
          of horses and riders.

          In 2010, subject to funding approval, the CHRB will contract,  
          equip, and train personnel for the continual inspection of all  
          racing surfaces (dirt, turf, and synthetic). The inspections  
          will include monitoring maintenance practices and measuring such  
          variables as moisture content, track surface composition, and  
          temperature. The measurements eventually will be correlated to  
          injuries.  The CHRB has named a safety steward for each  
          racetrack to assist in this effort.  The CHRB requested a budget  
          appropriation to develop safety standards for racing surfaces.   
          The money to fund this project would be paid for by the  
          industry.

           GOVERNOR'S VETO MESSAGE  :  

          "Current law requires the CHRB to establish safety standards  
          governing the uniformity and content of the track base and  
          racing surface.  The type of racing surface is not specified;  
          therefore, current law can be applied to all types of racing  









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          surfaces.  A change in statute as proposed by this bill is  
          unnecessary.  Further, in 2009-10 the CHRB budget was augmented  
          with one-time funding for a study to establish safety standards  
          for synthetic race track surfaces.  This bill is premature as  
          the efforts related to this study are still underway."



           Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531  
          FN: 0005266