BILL ANALYSIS                                                                                                                                                                                                    �



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        ASSEMBLY THIRD READING
        AB 270 (Perea)
        As Introduced  February 7, 2011
        Majority vote 

         GOVERNMENTAL ORGANIZATION     17-0                               
         
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        |Ayes:|Hall, Nestande, Atkins,   |     |                          |
        |     |Block, Blumenfield,       |     |                          |
        |     |Chesbro, Cook, Galgiani,  |     |                          |
        |     |Garrick, Gatto, Hill,     |     |                          |
        |     |Jeffries, Ma, Perea, V.   |     |                          |
        |     |Manuel P�rez, Silva,      |     |                          |
        |     |Torres                    |     |                          |
        |     |                          |     |                          |
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         SUMMARY  :  Creates an exception to Horse Racing Law by authorizing a 
        satellite wagering facility, located on a fairground to elect not to 
        be subject to the requirements related to a satellite facility 
        supervisor if the board of directors of the fair, after a public 
        hearing, deems those requirements to be not economically feasible.

         FISCAL EFFECT :  This bill has been keyed non-fiscal by Legislative 
        Counsel.

         COMMENTS  :  

         Purpose of the bill  :  According to the author, this bill will 
        provide greater financial flexibility to satellite wagering 
        facilities on fairgrounds that find themselves in difficult 
        financial situations due to the mandatory staffing language in 
        current law relating to satellite supervisors.

        Over the years, expenses have increased considerably while the 
        mechanism to generate revenue to cover specific overhead expenses is 
        limited by Horse Racing Law (2% commission on each dollar wagered).  
        Due to declining attendance, increased costs and other factors, some 
        smaller fair satellite wagering facilities have been faced with the 
        decision to close their wagering operations.  This bill would 
        provide flexibility in managing overhead costs which could allow for 
        these facilities to remain in operation generating revenue for the 
        fair and California's horse racing industry. 









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        The author notes that county fairs and agricultural associations 
        receive a great deal of their revenue from wagering on horse racing, 
        so it is in their best interest to ensure that satellite wagering 
        remains a viable facet of their business operations.  Additionally, 
        this bill is intended to ensure that the California horse racing 
        industry remains viable as an agribusiness within the state.
         
        Background  :  

         Duties of a Simulcast Facility Supervisor  :  The simulcast facility 
        supervisor is responsible for the oversight of the facility to 
        ensure compliance with the California Horse Racing Board's (CHRB) 
        laws, rules and regulations.  The duties, in addition to any duties 
        and responsibilities required by his or her employer, include, but 
        are not limited to, immediately reporting to the CHRB or its 
        stewards, in writing or by telephone, any violation of the CHRB's 
        rules or regulations which come to their attention or of which they 
        have knowledge.  This includes referrals of matters involving 
        misconduct of licensees to the host track stewards and ordering the 
        exclusion or ejection of persons who are prohibited from 
        participating in pari-mutuel wagering and from being present within 
        any racing inclosure during a recognized race meeting.  Additional 
        duties include maintaining minutes of the conduct of each day's 
        events at the simulcast location where assigned, supervising all 
        phases of the facility which are directly related to the 
        requirements of the CHRB's laws and regulations at the simulcast 
        location. 

         California's off-track wagering system  :  California has allowed 
        off-track betting in satellite wagering facilities located at fairs 
        and racing associations throughout the state for 26 years.  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.

        Currently, there are 34 satellite-wagering facilities in California. 
         Six of the facilities are at privately owned racetracks, eight at 
        fairs that conduct live racing, 15 at county fairs and district 
        agricultural associations, and three on Indian lands.  
        Simulcast-only facilities do not have live racing; those facilities 
        accept wagers on races broadcast via simulcast from in-state and 








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        out-of-state racetracks.

        In 2007, AB 241 (Price), Chapter 594, Statutes of 2007, was enacted 
        to authorize the creation of 15 additional "minisatellites" in each 
        racing zone for a total of 45.  The stated intent of this 
        legislation was to make the sport of horse racing even more 
        accessible to potential California bettors and to increase the 
        handle - the amount wagered on horse races - by giving preference to 
        minisatellites that will generate the largest handle if more than 15 
        applications for minisatellites are submitted to CHRB for a given 
        zone.  To date, only two mini-satellites have been opened statewide.

        In addition, since the mid-1990's, seven state-designated or county 
        fairs have received the statutory authority to locate additional 
        satellite-wagering facilities off the respective fairgrounds but 
        within the boundaries of the fair district.  To date, only the 
        Fresno County Fair has exercised this authority by leasing space in 
        a card-club in downtown Fresno.
                  
         Simulcasting wagering  :  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 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.

         Attendance declines  :  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 advance deposit 
        wagering.


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









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