BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 693|
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                                 THIRD READING


          Bill No:  SB 693
          Author:   Harman (R)
          Amended:  4/13/09
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  13-0, 4/14/09
          AYES:  Wright, Harman, Benoit, Calderon, Denham, Florez,  
            Negrete McLeod, Oropeza, Padilla, Romero, Wiggins,  
            Wyland, Yee


           SUBJECT  :    Horse racing:  advance deposit wagering:   
          satellite 
                        wagering facilities

           SOURCE  :     Los Alamitos Race Course


           DIGEST  :    This bill modifies the commissions paid to  
          satellite wagering facilities based on the time that the  
          satellite wagering facilities are open and operating.

           ANALYSIS  :    

           Existing Law
           
          1. Provides for the California Horse Racing Board (CHRB) to  
             regulate the various forms of horse racing authorized in  
             this state.

          2. Authorizes CHRB to permit licensed racing associations,  
             fairs and mini-satellites licensees to operate satellite  
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             wagering facilities.

          3. Authorizes and defines "advance deposit wagering (ADW)"  
             as a form of parimutuel wagering in which a person  
             "establishes an account with a board-approved betting  
             system or wagering hub where the account owner provides  
             "wagering instructions" authorizing the entity holding  
             the account to place wagers on the owner's behalf."

          4. Provides that two percent of the first $250 million of  
             handle (and a sliding downward scale thereafter) from  
             advance deposit wagers be distributed to satellite  
             wagering facilities as commissions.

          5. Provides satellite facilities that were not operational  
             in 2001 are not eligible for satellite wagering  
             commission distributions.

          6. Provides the satellite wagering facility commissions  
             calculated pursuant to the ADW handle are distributed to  
             each satellite wagering facility in the zone in which  
             the wager originated in the same relative proportions  
             that the satellite wagering facility generated satellite  
             commissions during the previous calendar year.

          7. Provides that if there is a reduction in the satellite  
             wagering commissions, the resulting benefits shall be  
             distributed equitably as purses and commissions to all  
             associations and racing fairs generating advance deposit  
             wagers in proportion to the handle generated by those  
             associations and racing fairs.

          This bill:

          1. Provides that if a satellite wagering facility is  
             permanently closed, other than for renovation or  
             remodeling, then the commissions payable to that  
             facility shall be eliminated entirely.

          2. Provides that if a satellite wagering facility is  
             unwilling or unable to accept all of the signals that  
             are available to that facility, then the commissions  
             payable to that facility would be proportionately  
             reduced to take into account the time that satellite  

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             wagering is no longer conducted at that facility.

          3. The satellite wagering commissions not paid shall be  
             redistributed proportionately to other eligible  
             satellite facilities.

          4. Makes other technical changes.

           Background
           
          When ADW was authorized in California, it was recognized  
          that it might impact attendance at satellite wagering  
          facilities and, thus, satellite wagering facilities would  
          incur a loss of business.  To account for this impact, a  
          portion of the take-out from every advance deposit wager is  
          designated to go to satellite wagering facilities as a  
          commission or "impact fee".  

          Under the construct of current law, satellite wagering  
          facilities can receive ADW commissions or impact fees on  
          races for which they do not accept the signal.  For  
          example, if a satellite wagering facility shuts down  
          operations at 6 o'clock in the evening and does not offer  
          wagering on the night signal (Quarter horse and Harness  
          racing), the facility will still receive the commission on  
          those night races. 

          Additionally, under current law, all satellite facilities  
          in business prior to 2001 are eligible for ADW commissions.  
           So, if a fair decides to shut down its satellite wagering  
          facility entirely, because it had been in existence prior  
          to 2001, it continues to receive ADW commissions.

          This bill intends to clean up this provision of law by  
          clarifying that satellite wagering facilities are eligible  
          for ADW commissions only from races on which they offer  
          wagering.  The bill provides that money not distributed to  
          satellites as commissions or impact fees from ADW wagers as  
          a result of this change, instead will flow be distributed  
          proportionately to the other eligible satellite facilities.

          ADW constitutes about $600 million in handle for the horse  
          racing business.  It has become an important segment of the  
          industry, in fact, it is the only segment that has been  

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          growing.

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

           SUPPORT  :   (Verified  4/15/09)

          Los Alamitos Race Course (source)


          TSM:do  4/15/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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