BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          1949
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                           Senator Dean Florez, Chair
                           2005-2006 Regular Session
                                 Staff Analysis



          AB 1949  Author:  Jerome Horton
          As Amended:  June 19, 2006
          Hearing Date:  June 27, 2006
          Consultant:  Steve Hardy


                                     SUBJECT  
                        Horsemen's/women's Organizations

                                   DESCRIPTION
           
          1)  AB 1949 would essentially, codify a negotiated  
            agreement between the Thoroughbred Owners of California  
            (TOC) and the California Thoroughbred Trainers (CTT) by  
            providing that the three owner-trainer representatives to  
            the TOC Board of Directors be appointed directly by both  
            groups as specified.
           
          2)  Extends described "sunset" provisions from January 1,  
          2008 until January 1, 2009.

                            PRIOR/RELATED LEGISLATION
           
           AB 2619 (Strickland), Chapter 921, Statutes of 2002.    
          Allocated three positions on the board of directors of the  
          organization representing owners for persons holding  
          licenses as both owners and trainers, and for their spouses  
          who are licensed as owners, as specified, and makes related  
          and conforming changes.
           
           AB 991 (Tucker), Chapter 62, Statutes of 1994.  Provided  
          for separate owner and trainer organizations to represent  
          thoroughbred horsemen as specified.

                                   EXISTING LAW
           




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          1)Provides for the recognition of horsemen's organizations,  
            by the California Horse Racing Board (CHRB) including  
            organizations solely representing owners and  
            organizations solely representing trainers.
           
          2)   Provides that each organization, except for the  
            thoroughbred horsemen's and horsewomen' s organizations,  
            and except an organization that solely represents owners,  
            or solely represents trainers, shall provide for the  
            representation of owners and trainers on its board of  
            directors.  Each thoroughbred horsemen's and horsewomen's  
            organization, except one that solely represents trainers,  
            shall provide for the representation of owners and  
            owner-trainers on its board.
          3)   Provides that the organization representing owners who  
            are also licensed as trainers, and their spouses who are  
            licensed as owners, shall comprise a class of  
            owner-trainers, which may elect 3 of its members to the  
            board of directors of the owner's organization, while all  
            other directors shall be owners and not owner-trainers. 
                    
           4)  Specifies that the board of the thoroughbred owners'  
            organization shall not exceed 15 members and all members  
            shall have equal standing.  Existing law further provides  
            that the thoroughbred trainers' organization may appoint  
            3 persons who qualify as owner-trainers, to the board of  
            the thoroughbred owners' organization.  Provides for the  
            provision to be repealed as of January 1, 2008.
           
          5)  Requires CHRB to annually review the budgets of  
          horsemen's organizations.
                                         
                                   BACKGROUND
           
          AB 2619 (Strickland), Chapter 921, Statutes of 2002,  
          allocated three positions on the board of directors of the  
          organization representing thoroughbred owners for persons  
          holding licenses as both owners and trainers, and for their  
          spouses who are licensed as owners, as specified.
           
          AB 2619 resolved a long standing issue regarding the  
          eligibility of California Thoroughbred trainers, who are  
          also licensed as thoroughbred owners, and licensed owners  
          who are the spouse of a thoroughbred trainer, to serve on  
          the Board of Directors of the Thoroughbred Owners of  
          California (TOC).  The California Thoroughbred Trainers  




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          Association (CTT) recognized that the thoroughbred owners  
          should have their own association, however a significant  
          number of trainers not only train racehorses but own a vast  
          majority of them as well.
           
          The language contained in this bill was developed by the  
          two horsemen's organizations, as it provides that the Board  
          of Directors of the CTT and TOC shall appoint three (3)  
          mutually agreed upon individuals who qualify as members of  
          the class of owner-trainer to the board of directors of the  
          organization representing thoroughbred owners.
           
          This bill further provides for an extension of the current  
          "sunset provision" by one year from January 1, 2008, until  
          January 1, 2009.
           
          In 1994, AB 991 (Tucker, Ch. 62, Statutes of 1994) was  
          enacted which divided the horsemen organization into two  
          groups.  The author of AB 991 believed that by having two  
          separate organizations, one representing owners, and the  
          other representing trainers, the respective interest of  
          both groups would be better served.  An owner's  
          organization was formed under the name the Thoroughbred  
          Owners of California (TOC) and the trainers' organization  
          changed names from the California Horsemen's Benevolent  
          Protective Association, to the California Thoroughbred  
          Trainers (CTT).  The TOC is generally responsible for  
          negotiating purse agreements, satellite simulcast  
          agreements, and other business agreements relating to the  
          conduct of racing that affects the racehorse owners.  The  
          CTT is generally responsible for activities relating to the  
          backstretch and the welfare of backstretch employees and  
          administration of a Pension Fund.
           
           
          SUPPORT:   Thoroughbred Owners of California
                                California Thoroughbred Trainers 

           OPPOSE:   None registered as of 6/23/06

           FISCAL COMMITTEE:   Senate Appropriations



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