BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1421|
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                                 THIRD READING


          Bill No:  AB 1421
          Author:   Assembly Governmental Organization Committee
          Amended:  As introduced
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM.  :  12-0, 6/14/11
          AYES:  Wright, Anderson, Calderon, Cannella, Corbett, De 
            Le�n, Evans, Hernandez, Padilla, Strickland, Wyland, Yee
          NO VOTE RECORDED:  Berryhill

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 5/26/11 - See last page for vote


           SUBJECT  :    Harness racing organizations

           SOURCE  :     Author


           DIGEST  :    This bill 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 bill 
          (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, and (2) requires that a 
          copy of the completed audit be forwarded to the CHRB within 
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          45 days of its receipt by the organization.

           ANALYSIS  :    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. 

           Existing law  :

          1.Vests jurisdiction and supervision over all horse racing 
            meetings, including harness races, in this state with the 
            CHRB. 

          2.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
           
          Currently, the Thoroughbred and quarter horse industry must 
          adhere to reporting and audit requirements in order to 
          receive workers' compensation insurance funds.  This bill 
          simply establishes a similar requirement for harness 
          racing.  This bill intends 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.

          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.  AB 701 (J. Horton), Chapter 40, Statutes of 2004, 
          was enacted to provide the harness racing industry with 
          some workers' compensation relief through the 

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          redistribution of one percent 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
           
          AB 701 (Price) Chapter 430, Statutes of 2008, extends 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, provides 
          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 443, Statutes of 2008, extends 
          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, makes 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.

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



           ASSEMBLY FLOOR  : 

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          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Carter, 
            Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer, 
            Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, 
            Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, 
            Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, 
            Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            P�rez, Portantino, Silva, Skinner, Smyth, Solorio, 
          Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. P�rez
          NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones


          PQ:do  8/26/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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