BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                     SB 1|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 1
          Author:   Kehoe (D)
          Amended:  1/4/12
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  10-0, 1/10/12
          AYES:  Wright, Anderson, Berryhill, Cannella, Corbett, De 
            Le�n, Evans, Hernandez, Padilla, Yee
          NO VOTE RECORDED:  Calderon, Strickland, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 1/17/12
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Steinberg
          NO VOTE RECORDED:  Price, Runner


           SUBJECT  :    State Race Track Leasing Commission

           SOURCE  :     Author


           DIGEST  :    This bill deletes the January 1, 2013 sunset 
          date of the State Race Track Leasing Commission which 
          oversees leases and other agreements for the use of the Del 
          Mar Race Track located on the grounds of the Del Mar 
          Fairgrounds.

           ANALYSIS  :    Existing law establishes, until January 1, 
          2013, the State Race Track Leasing Commission which is 
          composed of the Secretary of Food and Agriculture, the 
          Director of Finance, the Director of General Services, and 
          three other individuals, appointed by the Governor, who are 
                                                           CONTINUED





                                                                  SB 1
                                                                Page 
          2

          members of the Board of Directors of the 22nd District 
          Agricultural Association (22nd DAA) - Del Mar Fairgrounds.  
          Existing law grants the Commission the authority to enter 
          into leases and agreements for use of specified property 
          owned or controlled by the 22nd DAA.

          This bill deletes the January 1, 2013 sunset date of the 
          State Race Track Leasing Commission which oversees leases 
          and other agreements for the use of the Del Mar Race Track 
          located on the grounds of the Del Mar Fairgrounds.

           Comments
           
          The 22nd DAA is a state entity that operates the 
          approximately 400-acre Del Mar Fairgrounds and Racetrack 
          located primarily in the City of Del Mar with a portion in 
          the City of San Diego.  The 22nd DAA is one of 54 state 
          agricultural districts, with board members appointed by the 
          Governor.  The 22nd DAA oversees the Del Mar Fairgrounds 
          and Racetrack, Surfside Race Place, Horse Park Equestrian 
          Center and the Del Mar Golf Center.       

          The State Race Track Leasing Commission, as noted above, is 
          a six-member body, as specified, with authority over 
          leasing and contractual matters in the 22nd DAA's 
          administration of the Del Mar Racetrack.  Specifically, the 
          Commission oversees the lease agreement between the 22nd 
          DAA and the Del Mar Thoroughbred Club.  The Commission 
          serves as the pass through for horse racing revenues from 
          the Club and the 22nd DAA and racing revenues to the Race 
          Track Authority.  The Authority uses the racing revenues to 
          service bonds on the race track and fund capital 
          improvements.  The State of California, through the 22nd 
          DAA owns the Fairgrounds and Racetrack and is ultimately 
          responsible for payment of the bonds.

          The Race Track Authority is a Joint Powers entity 
          consisting of the 22nd DAA and the Commission - the 
          documents which created the Authority provide that it shall 
          remain in existence until the bonds are paid in full.  The 
          author's office has been informed that elimination of the 
          Commission prior to the bonds maturing in 2025 would at the 
          very least create legal and logistical issues that would 
          have to be resolved and most likely violate the bond 

                                                           CONTINUED





                                                                  SB 1
                                                                Page 
          3

          covenants.  Thus, this bill proposes to eliminate the 
          existing January 1, 2013 sunset date of the Commission and 
          make it a permanent entity.

           Prior/Related Legislation
           
          SB 855 (Kehoe), 2011-12 Session, would have extended the 
          sunset on the State Race Track Leasing Commission from 
          January 1, 2013 to January 1, 2018.  (This bill was gutted 
          in the Assembly and used for other purposes.)

          AB 656 (Huber), 2011-12 Session, among other things, 
          proposed to abolish certain state entities and also delete 
          the January 1, 2013 sunset date of the State Race Track 
          Leasing Commission. (Vetoed by Governor Brown on the basis 
          that it delegated to a legislative committee sole 
          discretion on whether and, for how long, certain 
          commissions should exist.)

          AB 2130 (Huber), Chapter 670, Statutes of 2010, among other 
          things, imposed a sunset date of January 1, 2013, on the 
          State Race Track Leasing Commission, the Capitol Area 
          Committee, the Continuing Care Advisory Committee, and the 
          California Recreational Trails Committee.

          SB 1321 (Kehoe), 2009-10 Session, would have authorized the 
          Director of  the Department of General Services and the 
          Secretary of Food and Agriculture to each designate a 
          deputy of his/her office to act in his/her place and stead 
          on the State Race Track Leasing Commission with respect to 
          the exercise of statutory powers and duties of the 
          commission.  (Vetoed - the Governor's message stated "this 
          bill diminishes the statutory powers of each respective 
          department/agency represented on this board by giving their 
          delegates all powers, duties and authority originally 
          deemed for these department heads.")

          AB 181 (Saldana), 2009-10 Session, among other things, 
          would have authorized the City of Del Mar to enter into an 
          agreement with the Department of General Services to 
          purchase all of the real property that comprises the 22nd 
          DAA and any related personal property for $120 million.  
          (Held in Senate Rules Committee) 


                                                           CONTINUED





                                                                  SB 1
                                                                Page 
          4

          SB 282 (Cox), Chapter 293, Statutes of 2007, authorized the 
          formation of a joint powers entity, the State Fair Leasing 
          Authority, with the authority to obtain long-range 
          financing to fund infrastructure improvements, deferred 
          maintenance projects, revitalization of existing facilities 
          and new facility construction at the Cal Expo site.

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

                          Fiscal Impact (in thousands)

           Major Provisions                2012-13     2013-14    
           2014-15   Fund  

          Deletion of commission                       Minor, if any, 
          costs annually                                    General/
          repeal date                                       Special*

          * Department of Food and Agriculture Fund, Service 
          Revolving Fund

           SUPPORT  :   (Verified  1/18/12)

          Del Mar Thoroughbred Club


          PQ:do  1/18/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          












                                                           CONTINUED