BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1949|
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                                    CONSENT


          Bill No:  AB 1949
          Author:   Jerome Horton (D)
          Amended:  6/19/06 in Senate
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  9-0, 6/27/06
          AYES:  Florez, Denham, Battin, Chesbro, Margett,  
            McClintock, Romero, Soto, Vincent

           ASSEMBLY FLOOR  :  75-0, 5/11/06 - See last page for vote


           SUBJECT  :    Horse racing

           SOURCE  :     Author


           DIGEST  :    This bill codifies a negotiated agreement  
          between the Thoroughbred Owners of California (TOC) and the  
          California Thoroughbred Trainers by providing that the  
          three owner-trainer representatives to the TOC Board of  
          Directors be appointed directly by both groups as specified  
          and extends described "sunset" provisions from January 1,  
          2008 until January 1, 2009.

           ANALYSIS  :    

          Existing law:

          1.Provides for the recognition of horsemen's organizations,  
            by the California Horse Racing Board (CHRB) including  
            organizations solely representing owners and  
                                                           CONTINUED





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            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 three 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.

           Comments
           
          According to the Senate Governmental Organization Committee  
          analysis, AB 2619 (Strickland), Chapter 921, Statutes of  
          2002, 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  
          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  







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          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), Chapter 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 TOC and the  
          trainers' organization changed names from the California  
          Horsemen's Benevolent Protective Association, to the 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.

           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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    







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          Local:  No

           SUPPORT  :   (Verified  6/28/06)

          Thoroughbred Owners of California
          California Thoroughbred Trainers


           ASSEMBLY FLOOR  :
          AYES:  Aghazarian, Arambula, Baca, Bass, Berg, Bermudez,  
            Blakeslee, Bogh, Calderon, Canciamilla, Chan, Chavez,  
            Chu, Cogdill, Cohn, Coto, Daucher, De La Torre, DeVore,  
            Dymally, Emmerson, Evans, Frommer, Garcia, Hancock,  
            Harman, Haynes, Jerome Horton, Shirley Horton, Houston,  
            Huff, Jones, Karnette, Keene, Klehs, La Malfa, La Suer,  
            Laird, Leno, Levine, Lieber, Lieu, Liu, Matthews, Maze,  
            McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nation,  
            Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley,  
            Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,  
            Salinas, Spitzer, Strickland, Torrico, Tran, Umberg,  
            Vargas, Villines, Walters, Wolk, Wyland, Yee, Nunez
          NO VOTE RECORDED:  Benoit, Goldberg, Koretz, Leslie,  
            Saldana


          TSM:nl  6/28/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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