BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1949
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1949 (Jerome Horton)
          As Amended June 19, 2006
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 11, 2006)  |SENATE: |37-0 |(August 10,    |
          |           |     |                |        |     |2006)          |
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          Original Committee Reference:    G.O.  

           SUMMARY  :  Codifies 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 by mutual agreement as specified and extends described  
          "sunset" provisions from January 1, 2007, until January 1, 2009.  
           Specifically,  this bill  :

          1)Requires that the Board of Directors (Board) for CTT and TOC  
            to appoint three mutually agreed upon persons who qualify as  
            owner-trainers to the Board of TOC. 

          2)Extends "sunset" provisions in effect until January 1, 2009.

           The Senate amendments  :

          1)Extend the "sunset" date from 2008 to 2009.

          2)Make a clarifying change.

           EXISTING LAW  :
           
           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.  Each Thoroughbred  
            horsemen's and horsewomen's organization, except one that  








                                                                  AB 1949
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            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 TOC, while all  
            other directors shall be owners and not owner-trainers.

          4)Specifies that the Board of TOC shall not exceed 15 members  
            and all members shall have equal standing.  Provides that the  
            CTT may appoint three persons who qualify as owner-trainers,  
            to the Board of TOC.  Provides for the provision to be  
            repealed as of January 1, 2007.

          5)Requires CHRB to annually review the budgets of horsemen's  
            organizations.

           FISCAL EFFECT  :  None

           AS PASSED BY THE ASSEMBLY  , this bill required that the Board of  
          CTT and TOC  to appoint three  mutually  agreed upon persons who  
          qualify as owner-trainers to the Board of TOC.   Provides for  
          this provision to be repealed on January 1, 2008.

           FISCAL EFFECT  :  None

           COMMENTS  :

          Purpose of this bill:  This bill extends the "sunset" on a  
          previous bill that was chaptered in 2002.   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 TOC.  
           The 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.








                                                                  AB 1949
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          The language contained in this bill, was developed by the two  
          horsemen's organizations, as it provides that the Board of CTT  
          and TOC shall appoint three  mutually agreed upon individuals  who  
          qualify as members of the class of owner-trainer to the Board of  
          TOC.

          This bill further provides for an extension of the current  
          "sunset provision" by one year. 

          Background:  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, trainers,  
          the respective interest of both groups would be better served.   
          An owners organization was formed (TOC) and the trainers'  
          organization changed names from the California Horsemen's  
          Benevolent Protective Association to 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 legislation:  AB 2619 (Strickland), Chapter 921, Statutes  
          of 2002, allocated three positions on the Board of TOC 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.

           
          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531  
          FN: 0015936