BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 2637|
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                                       CONSENT


          Bill No:  AB 2637
          Author:   Hall (D)
          Amended:  3/28/14 in Assembly
          Vote:     21


           SENATE GOVERNMENTAL ORGANIZATION COMMITTEE  :  10-0, 6/24/14
          AYES:  Correa, Berryhill, Cannella, De Le�n, Galgiani,  
            Hernandez, Lieu, Padilla, Torres, Vidak
          NO VOTE RECORDED:  Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  73-0, 5/23/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Horse racing:  pari-mutuel wagering and charity  
          racing days

           SOURCE  :     Author


           DIGEST  :    This bill makes substantive and clarifying changes to  
          California Horse Racing Law including (1) increasing the minimum  
          distribution from charity day horse racing required to be  
          allocated to charities associated with the horse racing industry  
          from 20% to 30%; (2) deleting the California Horse Racing  
          Board's (CHRB) authority to annually allocate a maximum of 28  
          racing days to any county fair in the northern zone which did  
          not conduct horse racing prior to January 1, 1985; and (3)  
          correcting an outdated cross-reference in the law and making  
          other minor code maintenance changes.
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           ANALYSIS  :    

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

          2.Requires each licensed racing association to designate a  
            certain number of racing dates to be conducted as charity days  
            by the licensee for the purpose of distribution of the net  
            proceeds to charitable beneficiaries.

          3.Requires that at least 20% of the distribution from charity  
            day racing be made to charities associated with the horse  
            racing industry.  In addition to this 20%, another 5% of the  
            distribution must go to a welfare fund established for the  
            benefit of horsemen, horsewomen and backstretch personnel, as  
            specified, and another 5% of the distribution must be provided  
            to a nonprofit corporation assisting horsemen, horsewomen and  
            backstretch personnel who are affected adversely as a result  
            of alcohol or substance abuse.  In addition to the above  
            distribution, requires that a separate 20% of the distribution  
            from charity day racing, up to a maximum of $2 million, be  
            provided as an endowment for a nonprofit corporation or trust  
            which assists disabled jockeys.

          4.Requires that beneficiaries of these proceeds be a nonprofit  
            corporation or organization entitled by law to receive a  
            distribution made by a distributing agent, exempt or entitled  
            to exemption from state and federal income taxes, involved in  
            specified beneficial activities, and approved by CHRB.

          This bill makes substantive and clarifying changes to California  
          Horse Racing Law including:

          1.Increasing the minimum distribution from charity day horse  
            racing required to be allocated to charities associated with  
            the horse racing industry from 20% to 30%;

          2.Deleting CHRB's authority to annually allocate a maximum of 28  

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            racing days to any county fair in the northern zone which did  
            not conduct horse racing prior to January 1, 1985; and

          3.Correcting an outdated cross-reference in the law and making  
            other minor code maintenance changes.

           Background
          Since the early 1940s, California racing associations have been  
          required to conduct charity racing days.  By law, each racing  
          association must either conduct a specified portion of its race  
          meeting, based on the length of the race meet, for the benefit  
          of charities meeting the statutory criteria and approved by  
          CHRB, or two tenths of 1% of the live handle for the entire  
          meet.  The law also requires that at least 50% of the proceeds  
          be distributed to charitable groups within the horse racing  
          industry.  While recognizing the worthwhile nature of all the  
          charitable organizations favored by the various distributing  
          foundations, CHRB encourages the foundations to exceed this  
          minimum percentage.

          On charity racing days, the racing association furnishes the  
          facilities and personnel necessary for the conduct of racing.   
          The income from all operations of the race meeting on charity  
          racing days, less deductions for actual expenses, is dedicated  
          to charitable purposes.  The following racing associations  
          distributed funds last year:  Los Angeles Turf Club, Hollywood  
          Park Racing Association, Del Mar Thoroughbred Club, Los Alamitos  
          Quarter Horse Racing Association, and the Pacific Racing  
          Association.

          According to CHRB, charity racing day donations in the 2012-13  
          Fiscal Year totaled approximately $778,707.

           Comments  

          According to the author's office, this bill provides the horse  
          racing industry the ability to further support charities  
          associated with the horse racing industry.  Currently, charity  
          day proceeds go to a number of causes, including a backstretch  
          program to combat drug and alcohol abuse, a workers' welfare  
          fund, support of disabled jockeys and other charities associated  
          with the industry.

          The author's office states that this bill is intended to ensure  

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          that California's horse racing industry is also providing  
          sufficient funds to aid charities dedicated to the rescue,  
          rehabilitation, retraining, adoption, and retirement of  
          racehorses which no longer compete at racetracks throughout the  
          state.  For example, it might be beneficial to use charity day  
          proceeds for therapeutic riding programs involving children and  
          adults with physical, developmental, social and emotional  
          disabilities.  Such programs provide a golden opportunity for  
          the utilization and retraining of retired race horses.

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

           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:e  8/5/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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