HARRY HUGHES, Governor                                     4081

(4) BE ACTUARIALLY FUNDED.

(C) THE COUNTY COMMISSIONERS BY LAW MAY IMPLEMENT THE
PROVISIONS OF THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984 contingent on the taking effect of
Chapter of the Acts of 1984 (HB 590 or SB 582), and if

Chapter ___ does not become effective, this Act is null and void

without the necessity of further action by the General Assembly.

May 29, 1984
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 1119.

House Bill 1119 amends the Workmen's Compensation Law to
provide for coverage of certain individuals who are involved in
the training or racing of thoroughbred racehorses and to make the
owner of the racehorse legally responsible for obtaining the
required coverage. A veto hearing was convened on May 24, 1984
and oral and written testimony was presented. While I am
sympathetic to the sponsors' concern for the welfare of these
individuals, this legislation, by altering responsibility for
coverage, may produce unintended detrimental consequences with
respect to the scope of workmen's compensation coverage actually
provided. It may also provide an unnecessary disincentive to
those owners wishing to race in Maryland.

Specifically, this legislation would classify, for purposes
of workmen's compensation coverage, any individual serving as an
exercise boy or girl, groom, or hot-walker (a "backstretch
employee") as the noncasual employee of the owner of a
thoroughbred racehorse when training a horse or racing a horse at
a licensed track or a training center recognized by the Maryland
Racing Commission. Similarly, a jockey would also be deemed the
noncasual employee of an owner when riding a racehorse at the
previously mentioned facilities.

With respect to backstretch employees, the traditional
employer-employee relationship between these individuals and