BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  AB 
          1421
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis



          AB 1421  Author:  Committee on Governmental Organization
          As Introduced:  March 21, 2011
          Hearing Date:  June 14, 2011
          Consultant:  Art Terzakis


                                     SUBJECT  
                                  Horse Racing

                                   DESCRIPTION
           
          AB 1421 requires the organization formed by the Harness 
          Racing Association and the harness racing horsemen and 
          horsewomen to oversee workers' compensation insurance to 
          obtain an independent audit of their workers' compensation 
          fund expenditures. Specifically, this measure:

             1.   Requires the designated organization to account to 
               the California Horse Racing Board (CHRB), on or before 
               August 1 of each year, with respect to the 
               distribution of  harness racing workers' compensation 
               funds received during the immediately preceding fiscal 
               year and to obtain an independent audit of those 
               funds. 

             2.   Requires that a copy of the completed audit be 
               forwarded to the CHRB within 45 days of its receipt by 
               the organization.

                                   EXISTING LAW

           Existing Horse Racing Law governs, among other types of 
          horse races, harness horse racing, in which horses that 
          meet specified criteria are harnessed to a sulky or similar 
          vehicle and raced at either the trotting or pacing gait. 





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          Existing law vests jurisdiction and supervision over all 
          horse racing meetings, including harness races, in this 
          state with the CHRB. 

          Existing law requires, until January 1, 2014, the harness 
          racing association and the organization representing 
          harness horsemen and horsewomen to form an organization to 
          which certain funds, that may be deducted from the total 
          amount handled in conventional pari-mutuel pools of harness 
          races, are distributed for purposes of reducing the 
          workers' compensation insurance costs for trainers who are 
          racing horses at the applicable harness racing association 
          meet, as specified.
                                    BACKGROUND
           
           Purpose of AB 1421:   Currently, the Thoroughbred and 
          quarter horse industry must adhere to reporting and audit 
          requirements in order to receive workers' compensation 
          insurance funds.  This measure would simply establish a 
          similar requirement for harness racing.  AB 1421 is 
          intended to give the CHRB needed fiscal information to 
          ensure that the designated harness racing workers' 
          compensation funds are being properly utilized and 
          disbursed to reduce workers' compensation insurance 
          premiums for harness trainers in the state.

           Staff Comments:   Over the years, the California racing 
          industry has been hampered by the escalating cost of 
          workers' compensation insurance.  Specifically, high costs 
          have caused horses and trainers to leave this state and 
          have also discouraged owners and trainers from bringing 
          horses into California to race.  In 2004, AB 701 (J. 
          Horton), Chapter 40, was enacted to provide the harness 
          racing industry with some workers' compensation relief 
          through the redistribution of 1% of the pari-mutuel handle 
          (conventional wagers) on live harness races run in 
          California. The funds generated from AB 701 have been used 
          to reduce the workers' compensation insurance costs for 
          trainers at the harness racing association meets.  Even 
          with recent comprehensive workers' compensation relief, the 
          California horse racing industry is still faced with rates 
          which are excessive compared to other states, which conduct 
          live harness racing.

                            PRIOR/RELATED LEGISLATION
           




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           AB 701 (Price) Chapter 430, Statutes of 2008.   Extended the 
          sunset date, until January 1, 2014, on a program to provide 
          an additional take-out from wagers for defraying workers' 
          compensation insurance premiums for the harness racing 
          industry.

           AB 813 (Portantino) Chapter 19, Statutes of 2008.   Provided 
          that, with respect to harness meetings, if there are funds 
          unexpended in the horse racing promotion account, those 
          funds may be expended for other purposes with the consent 
          of the horsemen and the racing association to benefit the 
          horsemen, or the racing association, or both, pursuant to 
          their agreement.

           AB 2103 (Plescia) Chapter, Statutes of 2008.   Extended the 
          sunset date, from January 1, 2009, to January 1, 2014, on a 
          deduction from pari-mutuel wagering on Thoroughbred horse 
          racing in order to defray the costs of workers' 
          compensation insurance.
           
          AB 701 (Horton) Chapter 40, Statutes of 2004.   Made changes 
          to existing Horse Racing Law which prescribes the amount 
          deducted from the pari-mutuel pools, as specified, in order 
          to reduce workers' compensation costs within the California 
          horse racing industry.
           
          SUPPORT:   None on file as of June 10, 2011.

           OPPOSE:   None on file as of June 10, 2011.

           FISCAL COMMITTEE:   Senate Appropriations Committee
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