Bill Text: CA SB1439 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Horse racing: minisatellite wagering facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-14 - Placed on inactive file on request of Senator Price. [SB1439 Detail]

Download: California-2009-SB1439-Amended.html

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BILL NUMBER: SB 1439	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2010

INTRODUCED BY   Senator Price

                        FEBRUARY 19, 2010

   An act to amend Section 19605.25 of the Business and Professions
Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1439, as amended, Price. Horse racing: minisatellite wagering
facilities.
   Existing law authorizes the California Horse Racing Board to
approve an additional 15 minisatellite wagering sites in each zone
under certain conditions, including that no site is within 20 miles
of a racetrack, a satellite wagering facility, or a tribal casino
that has a satellite wagering facility. Existing law provides that if
the proposed facility is within 20 miles of one of the
above-referenced satellite facilities, then the consent of each
facility within a 20-mile radius must be given before the proposed
facility may be approved by the board. Existing law requires the
written consent of the San Mateo County Fair be obtained prior to the
approval of any minisatellite wagering site located within a 20-mile
radius of its fairground.
   This bill would  replace the 20-mile radius requirement in the
above provisions with a 15-   mile   radius
requirement and would  provide that the requirement that the
approval of a racetrack, satellite wagering facility, tribal casino
that has a satellite wagering facility, or fair be obtained if the
proposed minisatellite wagering facility is within  20
  15  miles shall only apply to those facilities
that are operated by  tribal casinos,  racetracks  ,
 or fairs that actually conduct  7   2
 weeks or more of live racing in the preceding year. The bill
would authorize the board, if a satellite wagering facility or tribal
casino does not consent to a minisatellite wagering facility being
situated within  20   15  miles, to conduct
a one-year test at the proposed site in order to determine its
impact on total parimutuel revenues and on attendance and wagering at
existing satellite wagering facilities.  With respect to the
one-year test, the board may approve only one minisatellite wagering
facility per existing satellite wagering facility and the
minisatellite wagering facility must be located within 10 miles of
the satellite wagering facility.  The bill would authorize a
certain impact fee, as provided.
   This bill would specify how mileages are to be measured for
purposes of the above provisions.
   This bill would make clarifying and other technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19605.25 of the Business and Professions Code
is amended to read:
   19605.25.  (a) The board may approve an additional 15
minisatellite wagering sites in each zone, if all of the following
conditions are met:
   (1) No site is within  20   15  miles of
a racetrack, a satellite wagering facility, or a tribal casino that
has a satellite wagering facility. If the proposed minisatellite
wagering facility is within  20   15  miles
of one of the above-referenced facilities, then the consent of each
such facility within  20   15  miles must
be given before the proposed minisatellite wagering facility may be
approved by the board.
   (2) An agreement in accordance with subdivision (a) of Section
19605.3 has been executed and approved by the board. In addition to
the requirements set forth in that provision, the agreement shall
specify which components of its racing program, including live,
out-of-zone, out-of-state, and out-of-country races, an association
or fair will make available to the site. The terms and conditions of
the agreement, including all fees payable pursuant to paragraph (3)
of that provision, a portion of which may be paid to horsemen in the
form of purses, shall be subject to the approval of the horsemen's
organization responsible for negotiating purse agreements with the
association or fair.
   (3) The site is approved by the board.
   (4) The wagers are accepted in an area that is accessible only to
those who are at least 21 years of age.
   (5) The board has approved the accommodation, equipment used in
conducting wagering at the site, communications system, technology,
and method used by the site to accept wagers and transmit odds,
results, and other data related to wagering.
   (b) Parimutuel clerks shall be available to service the
self-service tote machines at these locations, and to cash wagering
vouchers on a regularly scheduled basis.
   (c) Until  January 1, 2013   July 1, 2011
 , if the proposed minisatellite wagering site is in the
northern zone in a fair district where the fair has operated a
satellite wagering facility for the previous five years, the approval
of the fair must be obtained even if the proposed location is more
than  20   15  miles from the existing
satellite wagering facility operated by the fair.
   (d) For purposes of commissions, deductions, and distribution of
handle, wagers placed at minisatellite sites shall be treated as if
they were placed at satellite wagering facilities authorized under
Section 19605, 19605.1, or 19605.2. Section 19608.4 shall apply to
minisatellite wagering facilities.
   (e) The written consent of the San Mateo County Fair shall be
obtained prior to the approval of any minisatellite wagering site
located within  20   15  miles of its
fairground.
   (f) Minisatellite wagering facilities created pursuant to this
section are not eligible for satellite wagering commission
distributions pursuant to Section 19604.
   (g) The board shall adopt emergency regulations to implement these
new facilities on or before April 1, 2008. The board, in adopting
these regulations, shall minimize the expense to both the operator of
the minisatellite facility and the host racetrack.
   (h) If there are more than 15 applications for minisatellite
wagering facilities in any zone, the board shall determine which
facilities will generate the largest handle, and give priority to the
approval of those facilities. The board shall license a
minisatellite facility for two years, and then review the operation
and the size of the handle, and determine if it is in the best
interest of horse racing to relicense the facility or, in the
alternative, license another minisatellite facility that might
generate a greater handle.
   (i) Except as may be provided in the agreement required pursuant
to paragraph (2) of subdivision (a), no association or fair shall be
required to make all or part of its racing program available to a
minisatellite wagering facility. Notwithstanding subdivision (e) of
Section 19608.2, all costs incurred by the organization executing
that agreement in excess of the amounts distributable to the
organization from wagers placed at the site on that racing program,
shall be borne by the minisatellite wagering facility.
   (j) Notwithstanding subdivisions (a) and (e), the requirement that
the approval of a racetrack, satellite wagering facility, tribal
casino that has a satellite wagering facility, or fair be obtained if
the proposed minisatellite wagering facility is within  20
  15  miles shall only apply to those facilities
that are operated by tribal casinos,  racetracks  ,
 or fairs that actually conduct  seven  
two weeks or more of live racing in the preceding year. If a
satellite wagering facility, or tribal casino that has a satellite
wagering facility, does not consent to a minisatellite wagering
facility being situated within  20   15 
miles, the board may conduct a one-year test at the proposed site in
order to determine the impact of the proposed minisatellite wagering
facility on total parimutuel revenues, and on the attendance and
wagering at existing satellite wagering facilities.  With respect
to the one-year test, the board may approve only one minisatellite
wagering facility per existing satellite wagering facility and the
minisatellite wagering facility must be located within 10 miles of
the existing satellite wagering facility.  During the one-year
study, the operator of the minisatellite wagering facility and the
satellite wagering facility operated by a fair or a tribal casino may
enter into an agreement providing for the payment of an impact fee.
If there is no agreement within that year, the board may hear
testimony from both parties and impose an impact fee based on the
results of the one-year test study. A decision of the board regarding
a proposed site may cover the period of time during which the test
is to be conducted, as well as apply to the operation of the
minisatellite wagering facility if it continues to operate beyond one
year.
   (k) For purposes of this section, mileages shall be measured
property line to property line by the shortest publicly accessible
driving route.