BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  AB 
          2693
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis



          AB 2693  Author:  Committee on Governmental Organization
          As Introduced:  March 15, 2012
          Hearing Date:  June 26, 2012
          Consultant:  Art Terzakis


                                     SUBJECT  
                                  Horse Racing

                                   DESCRIPTION
           
          AB 2693 adds the "Arkansas Derby" to the group of stake 
          races in Horse Racing Law which are exempt from the 50-race 
          per day limit on imported races.

                                   EXISTING LAW

           Existing law provides that the California Horse Racing 
          Board (CHRB) shall regulate the various forms of horse 
          racing authorized in this state.

          Existing law limits the number of races that may be 
          imported by associations and fairs to no more than 50 races 
          per day on days when live thoroughbred or fair racing is 
          being conducted in this state, with specified exceptions.  

          Existing law exempts from that 50 race per day limit races 
          imported that are part of the race card of certain 
          prominent races, including the Kentucky Derby, the Kentucky 
          Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey 
          Club Gold Cup, the Travers Stakes, the Arlington Million, 
          the Breeders' Cup, the Dubai Cup, or the Haskell 
          Invitational.

          Existing law authorizes thoroughbred racing associations or 
          fairs to distribute the audiovisual signal and accept 




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          wagers on the results of out-of-state and international 
          thoroughbred races during the calendar period the 
          association or fair is conducting live racing, including 
          days on which there is no live racing being conducted by 
          the association or fair.

                                    BACKGROUND
           

           Arkansas Derby  :  The Arkansas Derby is a Grade 1 stakes 
          race for three-year-old thoroughbreds, which is held 
          annually at Oaklawn Park in Hot Springs, Arkansas.  Each 
          April, this prestigious race acts as a major prep for 
          three-year-old horses with winners having gone on to 
          victory in major stakes races.  The inaugural Arkansas 
          Derby in 1936 offered a total purse of $5,000 - the first 
          winner was Holl Image.


          Additional past winners of the Arkansas Derby include 1980 
          winner Temperence Hill and 1998's Victory Gallop both of 
          which went on to capture the Belmont Stakes. Sunny's Halo 
          won the 1983 Kentucky Derby as did Smarty Jones in 2004. 
          Elocutionist (1976), Tank's Prospect (1985), Pine Bluff 
          (1992), Smarty Jones (2004) all won the Preakness Stakes. 
          The 1994 winner, Concern, won that year's Breeders' Cup 
          Classic.  

           Purpose of AB 2693  :  This measure provides that all races 
          imported by a Thoroughbred association or fair that are 
          part of the race card of the overall Arkansas Derby day 
          would be exempted from the 50 race per day limit as defined 
          in current law.  Over the years, this law has been amended 
          to allow specific notable races to be imported outside of 
          this cap for promotional and financial reasons.

          The author's office notes that this measure is intended to 
          help increase the wagering handle on this specific day 
          (Arkansas Derby) which will lead to increased purses, 
          racetrack revenue, and breeders' awards in California.  
          Purses are important to California's racing industry 
          because they provide revenue to horse owners for their 
          racing operations and to breeders through an increase in 
          the value of their breeding stock. The author's office 
          states that "California's racing industry has found that 
          it's much easier to make a big day bigger relative to their 




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          marketing efforts rather than trying to increase attendance 
          on a typical Wednesday or Thursday."  The author's office 
          believes that AB 2693 will also provide the racing industry 
          a marketing tool to increase on-track and off-track 
          attendance on this designated day because racing fans will 
          want to wager on all the races from the host track of the 
          prestigious Arkansas Derby horse race.

           Satellite Wagering:   Satellite wagering via an off-track 
          facility has been legal in California since 1985.  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.
           
            Simulcasting:   Simulcasting is the process of transmitting 
          the audio and video signal of a live racing performance 
          from one facility to a satellite for re-transmission 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.

           Racetrack Attendance:    Over the past 20 years the industry 
          has witnessed 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 account wagering. 
                            PRIOR/RELATED LEGISLATION
           
           AB 2520 (Hall) 2011-12 Session.   Would increase the number 
          of races quarter or harness racing associations are allowed 
          to import for simulcast wagering purposes from 8 to 10 per 




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          day on live racing days.  (Pending in Senate 
          Appropriations)
           
            AB 707 (Garrick) Chapter 84, Statutes of 2011.   Increased 
          from 32 to 50, the limitation on the total number of 
          out-of-state thoroughbred races that may be imported per 
          day by a thoroughbred association or fair that is 
          conducting a live race meet with approval by the CHRB.  
           
          AB 562 (Hall) 2011-12 Session.   Would add the Wood Memorial 
          to the group of stake races in Horse Racing Law which are 
          exempt from the 32-race per day limit on imported races.  
          (Pending in Senate Committee on Rules)
           
          AB 2790 (Governmental Organization) Chapter 141, Statutes 
          of 2010.   Added the "Arlington Million" to the list of 
          imported races not subject to the limitation of 32 races 
          per day.
           
          SB 899 (Denham) Chapter 279, Statutes of 2010.   Deleted the 
          statewide cap on the number of out-of-country thoroughbred 
          races that a thoroughbred racing association or fair may 
          import, simulcast and on which wagers may be accepted 
          statewide in any given year.  
           
          AB 1857 (Cook) 2009-10 Session.    Would have increased from 
          32 to 36 the total number of thoroughbred horse races that 
          may be imported statewide for satellite simulcast and 
          wagering, not including numerous specified exceptions to 
          this cap.  (Held in this Committee at author's request)
           
          AB 136 (Silva) Chapter 221, Statutes of 2009.   Deleted the 
          limitation on the total number of out-of-state or 
          out-of-country harness or quarter horse races that may be 
          imported in a calendar year by a harness or quarter horse 
          racing association.  

           AB 763 (Chesbro) Chapter 122, Statutes of 2009.    
          Authorized the Humboldt County Fair to offer satellite 
          wagering on eight out-of-state races during the August days 
          when the fair is offering live racing, if specified 
          conditions are met.  

          AB 2048 (Silva) Chapter 439, Statutes of 2008.   Among other 
          things, increased by two (from six to eight) the number of 
          races that a harness and quarter horse racing association 




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          could import on live racing days from out-of-state and 
          out-of-country locations. 
           
          AB 3074 (Governmental Organization) Chapter 508, Statutes 
          of 2008.    Authorized the CHRB to allow harness racing 
          tracks to accept wagers during the Kentucky Futurity and 
          increased from 23 to 32 the total number of thoroughbred 
          races that may be imported statewide for satellite wagering 
          by associations or fairs. 
           
          SB 379 (Denham) Chapter 443, Statutes of 2007.    Added the 
          "Dubai World Cup" to a specified day of races that would be 
          exempted from the 23-race day limit on imported races for 
          satellite wagering. 
           AB 241 (Price) Chapter 594, Statutes of 2007.    Among other 
          things, authorized all fairs to operate a satellite 
          wagering facility off of the fair grounds.  In addition, 
          authorized the establishment of up to 45 "mini-satellite" 
          wagering sites to be operated by private industry 
          throughout the state. 

           AB 1736 (Governmental Organization) Chapter 444, Statutes 
          of 2007.    Added the "Travers Stakes" to a specified day of 
          races that would be exempted from the 23-race day limit on 
          imported races for satellite wagering. 

           SB 1183 (Margett) Chapter 232, Statutes of 2004.   
          Authorized a harness racing association that is conducting 
          a live race meeting to accept wagers on the full card of 
          races conducted by another racing association on the day 
          the other racing association conducts the Breeder's Crown 
          Stakes, the Meadowlands Pace, the Hambletonian or the North 
          American Cup.
           
          AB 509 (Jerome Horton) Chapter 235, Statutes of 2004.   
          Allowed a thoroughbred racing association or fair to import 
          the audiovisual signal, and accept wagers on, the results 
          of out-of-country thoroughbred races. 

           SB 2035 (Karnette) Chapter 268, Statutes of 2002.   Allowed 
          a harness or quarter horse racing association to "bank" up 
          to two out-of-state or out-of-country imported races on a 
          specific race day, and then add those races to another race 
          day's importation schedule.
           
          SB 27 (Maddy) Chapter 335, Statutes of 1998.    Among other 




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          things, authorized wagering on the results of out-of-state 
          thoroughbred races provided that the total number accepted 
          statewide in any given year does not exceed the total 
          number of thoroughbred races on which wagers were accepted 
          in 1998.  Also, capped the total number of thoroughbred 
          races imported at 23 per day. 

           SUPPORT:   None on file as of June 22, 2012.

           OPPOSE:   None on file as of June 22, 2012.

           FISCAL COMMITTEE:   No.

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