BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 2592|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 2592
          Author:   Chesbro (D) and Levine (D)
          Amended:  4/28/14 in Assembly
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMMITTEE  :  6-3, 6/24/14
          AYES:  Correa, De Le�n, Hernandez, Lieu, Padilla, Torres
          NOES:  Berryhill, Cannella, Vidak
          NO VOTE RECORDED:  Galgiani, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES:  De Le�n, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines
           
          ASSEMBLY FLOOR  :  73-0, 5/23/14 (Consent) - See last page for  
            vote


            SUBJECT  :    California Horse Racing Board:  fair horse racing  
                      calendar:  economic analysis

           SOURCE  :     Author


           DIGEST  :    This bill adds a new provision to California Horse  
          Racing Law that requires the California Horse Racing Board  
          (CHRB) to complete an economic analysis when it receives a  
          proposal to make a "substantial change" to the number of days a  
          fair conducts horse racing or to the weeks in the horse racing  
          calendar allocated to that fair to conduct a live race meet.  

           ANALYSIS  :    
                                                                CONTINUED





                                                                    AB 2592
                                                                     Page  
          2


          Existing law:

           1. Provides CHRB with the authority to allocate racing weeks to  
             an applicant pursuant to the provisions of the California  
             Horse Racing Law and to specify such racing days, dates and  
             hours for horse racing meetings as will be in the public  
             interest.  Provides that CHRB shall make allocation for  
             racing weeks, including simultaneous racing between zones, as  
             it deems appropriate.

           2. Limits the allocation of dates for mixed breed meetings and  
             combined fair horse racing meetings to between June 1 and  
             October 31.  Provides that the maximum number of racing weeks  
             that may be allocated to a fair shall be four weeks each  
             year, and requires CHRB to take public testimony and make all  
             determinations on the allocation of racing dates during a  
             public hearing.  Stipulates that nothing in California Horse  
             Racing Law shall be deemed to diminish the authority of CHRB  
             to establish racing dates.

           3. Prohibits the allocation of days for a mixed breed meeting  
             or a combined fair horse racing meeting during the month of  
             June at Cal-Expo if a standardbred meeting is being conducted  
             at that facility during that month.  Requires that the mixed  
             breed meetings be conducted by an entity other than Cal-Expo  
             (the California Exposition and State Fair), as specified, and  
             that the meeting encourage the racing of emerging breeds of  
             horses.  

          This bill:

           1. Requires CHRB, when it receives a proposal to make a  
             substantial change to the number of days a fair conducts  
             races or to the weeks in the horse racing calendar allocated  
             to that fair, to conduct an economic analysis of the  
             proposal's effect on those fairs whose horse racing calendar  
             would be impacted.

           2. Defines "substantial change" to mean any change within the  
             fair horse racing calendar that changes the allocation of  
             racing dates to that fair by more than three days from the  
             prior year's horse racing dates.  


                                                                CONTINUED





                                                                    AB 2592
                                                                     Page  
          3

           3. Stipulates that the economic analysis must include, but not  
             be limited to, all of the following:  (a) the financial loss  
             or gain to each fair impacted by the proposed fair horse  
             racing calendar changes and the effect on admissions,  
             concessions and sponsorships; (b) jobs created or lost; (c)  
             availability of seasonal workers; (d) impact on agricultural  
             education programs; and (e) financial consequences on the  
             community at large.

           4. Requires CHRB to consider all proposed alternative racing  
             dates based on the economic analysis referenced above before  
             CHRB votes on the proposal or any alternative option to the  
             original proposal.

           5. Makes technical and code maintenance changes to Section  
             19530 of California Horse Racing Law.

           Comments
           
          The authors note that when CHRB proposes significant changes in  
          the live fair horse racing schedule there is no independent  
          economic analysis conducted of those proposals.  Thus, CHRB  
          members must make decisions without clear knowledge of the  
          potential financial impact to those fairs and their communities.

          According to the authors, this bill has been introduced as a  
          result of a recent experience that they (Assemblymembers Chesbro  
          and Levine) had with CHRB regarding a proposal to move the  
          Sonoma and Humboldt fairs' 2015 horse racing schedule one week  
          later in the racing calendar.  The proposed change would have  
          resulted in the final week of the fair overlapping with the  
          first week of the new school year.  Both fairs strongly believed  
          that the proposed change would have impacted the profitability  
          and viability of their respective fairs.  The authors state that  
          CHRB did not have sufficient information available to make an  
          informed decision because little, if any, data relative to the  
          fiscal impact of this change on the fairs was provided to CHRB  
          by its staff. 

          The authors maintain that this bill ensures that CHRB is fully  
          aware of the financial implications of any future decisions  
          relating to fair race date allocations.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    

                                                                CONTINUED





                                                                    AB 2592
                                                                     Page  
          4

          Local:  No

          According to the Senate Appropriations Committee, unknown,  
          potential costs of $96,000 to CHRB if two economic analyses are  
          required annually (General Fund).

          CHRB estimates costs of $48,000 to contract out for the  
          performance of one economic impact analysis.  If two analyses  
          were conducted each year, costs will be $96,000.  CHRB has  
          indicated there could be up to seven analyses required each year  
          resulting in costs of $336,000 as oftentimes the shifting of one  
          fair's racing dates affects one or more other fairs.

           SUPPORT  :   (Verified  8/13/14)

          California Thoroughbred Trainers
          Sonoma County Fair

           OPPOSITION  :    (Verified  8/13/14)

          California Authority of Racing Fairs
          Los Alamitos Race Course
          Los Angeles County Fair Association
          Oak Tree Racing Association
          Pacific Coast Quarter Horse Racing Association

           ARGUMENTS IN SUPPORT  :    The Sonoma County Fair states, "AB 2592  
          will be key element to the longevity and success of California's  
          horse racing Fairs.  The commissioners who serve on the CHRB  
          have a wealth of knowledge about the horse racing industry, but  
          may not always have the Fair industry experience to comprehend  
          the economic impact their decisions have on a single Fair or the  
          entire Fair family.  These economic factors not only affect the  
          few days or weeks of racing that a Fair offers, but  
          significantly impact local stakeholders, fairgoers, and the  
          viability of a Fair organization.  By requiring the CHRB to  
          complete an independent, non-biased economic analysis of a  
          potential racing date change that will impact one Fair or  
          multiple Fairs, AB 2592 will provide the CHRB a more thorough  
          understanding of any changes made based on their decisions."

           ARGUMENTS IN OPPOSITION  :    Opponents claim that the racing  
          industry is already an over regulated and economically stressed  
          industry and that CHRB will be compelled to pass along these  

                                                                CONTINUED





                                                                    AB 2592
                                                                     Page  
          5

          additional costs of a study at a time when the industry can  
          least afford it.  Opponents also contend that this bill is  
          unnecessary because it has been introduced as a result of an  
          isolated incident involving certain county fairs and a ruling by  
          CHRB.  
           

           ASSEMBLY FLOOR  :  73-0, 5/23/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,  
            Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Bonilla, Harkey, Roger Hern�ndez, Melendez,  
            Nestande, V. Manuel P�rez, Vacancy


          MW:k  8/15/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****

















                                                                CONTINUED