senate Bill S7796

Relates to horsemen's health insurance

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jun / 2014
    • REFERRED TO RACING, GAMING AND WAGERING

Summary

Relates to horsemen's health insurance.

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Bill Details

Versions:
S7796
Legislative Cycle:
2013-2014
Current Committee:
Senate Racing, Gaming And Wagering
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd ยง318, RWB L
Versions Introduced in 2013-2014 Legislative Cycle:
A10004

Sponsor Memo

BILL NUMBER:S7796

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law, in relation to horsemen's health insurance

PURPOSE OR GENERAL IDEA OF BILL: To increase the percentage of purse
payments mandated to be withheld in order to cover horseman's health
insurance from 1% to 7%. In addition, this legislation will include
Westchester and Nassau Counties under these provisions.

SUMMARY OF PROVISIONS:

Sections 1 & 2: Amends subparagraph iv of paragraph b of subdivision 1
of section 318 of the Racing, Pari-Mutuel Wagering and Breeding Law to
increase the percentage of purse payments mandated to be withheld in
order to cover horseman's health insurance from 1% to 7% and to
include Westchester and Nassau Counties under these provisions.

Section 3: Effective date

JUSTIFICATION: Under current law, health insurance costs for horsemen
are covered under contract with management but in certain situations
horsemen are racing for an extended period without a contract. Section
318(1)(b)(iv) of the State racing law mandates that one percent (1%)
of purse payments be withheld to cover health insurance. However, the
law governing this was enacted in 1992 when health insurance costs
were less expensive; therefore the withholding one percent (1%) of
purse payments for horseman's health insurance is inadequate to cover
current health insurance costs, which is why this legislation
increases the amount to seven percent (7%).

Additionally, this legislation will amend the current law to include
racetracks in Westchester' and Nassau Counties from these provisions.
It should be noted that neither of these proposed changes impact the
tracks, as the funds being withheld are solely from the horseman's own
purse money.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7796

                            I N  S E N A T E

                              June 10, 2014
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to horsemen's health insurance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (iv)  of  paragraph  b  of subdivision 1 of
section 318 of the racing, pari-mutuel wagering  and  breeding  law,  as
added by chapter 281 of the laws of 1994, is amended to read as follows:
  (iv)  The state [racing and wagering board] GAMING COMMISSION shall as
a condition of racing require an association [authorized to  operate  in
areas  other  than Westchester or Nassau county] to withhold [one] SEVEN
percent of all [purses] PURSE FUNDS FROM ALL SOURCES and to pay such sum
to the horsemen's organization  representing  the  owners  and  trainers
utilizing  the  facilities of such association which had a contract with
the association governing the conditions of  racing  on  January  first,
nineteen hundred ninety-two, as determined by the board.
  S  2. Subparagraph (ii) of paragraph a of subdivision 1 of section 318
of the racing, pari-mutuel wagering and  breeding  law,  as  amended  by
chapter 281 of the laws of 1994, is amended to read as follows:
  (ii) except as otherwise provided in this paragraph an amount equal to
six  and  eight-tenths  per  centum  of  the  total  pool resulting from
on-track regular bets, an amount equal  to  seven  and  ninety-five  one
hundredths per centum of the total pool resulting from on-track multiple
bets,  an  amount equal to ten and one-half per centum of the total pool
resulting from on-track exotic bets, an  amount  equal  to  fifteen  and
one-half  per  centum  of  the  total daily pool resulting from on-track
super exotic bets shall be used exclusively  for  purses,  of  which  an
amount  of not less than ninety per centum shall be used exclusively for
purses for overnight races conducted by such association or corporation.
Such amounts may be reduced upon an application approved by the  [board]
COMMISSION  and  an agreement between the licensed harness racing corpo-
ration or association and the representative horsemen's organization  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15489-01-4

S. 7796                             2

a  condition  to  reduce the amounts of retained percentages as provided
for in this section. However, of the total amount available for  purses,
[an  amount  as determined by contractual obligations between] THE STATE
GAMING  COMMISSION SHALL AS A CONDITION OF RACING REQUIRE AN ASSOCIATION
AUTHORIZED TO OPERATE IN WESTCHESTER COUNTY TO WITHHOLD SEVEN PERCENT OF
ALL PURSE FUNDS FROM ALL SOURCES AND TO PAY SUCH SUM TO an  organization
representing  at  least  fifty-one per centum of the owners and trainers
utilizing the facilities of such association or corporation for  racing,
training  or stabling purposes and the association or corporation, shall
be used for the administrative purposes of  said  organization  and  for
such  welfare  and  medical  plans  for  regularly  employed backstretch
employees principally employed at the facilities of such corporation  or
association  as  provided  by said organization, provided, however, that
eligibility for benefits in such plans shall  not  be  conditioned  upon
membership in such organization by any employee or employer thereof, and
any  denial of eligibility for benefits in such plans which, upon inves-
tigation and review by the board, is determined to have resulted from  a
person,  firm, association, corporation or organization knowingly aiding
in or permitting eligibility for benefits being conditioned upon member-
ship in such organization shall subject such organization to the  penal-
ties  imposed under sections three hundred ten and three hundred twenty-
one of this article but the ratio between the amounts actually  expended
for  such  welfare  and  medical plans and the cost actually incurred in
administering such welfare and medical plans for fiscal  years  of  such
corporation  or  association,  on  or after July twenty-fourth, nineteen
hundred eighty-one, shall not  be  less  than  the  ratio  between  such
amounts  actually  expended  and  such  costs  actually incurred for the
fiscal year immediately prior to  such  date.  Such  organization  shall
annually on or before July first certify to the state [racing and wager-
ing  board]  GAMING COMMISSION that it represents at least fifty-one per
centum of such owners and trainers and provide copies  of  such  certif-
ication  to  such  association  or  corporation.  Any other organization
claiming to represent at least fifty-one per centum of such  owners  and
trainers may file a challenge with the state [racing and wagering board]
GAMING  COMMISSION  within  fifteen days of such original certification.
The state [racing and wagering board] GAMING  COMMISSION  shall  examine
such  claim  and may undertake studies and conduct hearings to determine
the validity of such claim. Within sixty days of  receiving  such  chal-
lenge  and  based  upon  the  findings of such studies and hearings, the
state [racing and wagering board] GAMING COMMISSION shall render a deci-
sion on the validity of such claim and  advise  such  organizations  and
association  or  corporation  of its determination. Upon receipt of such
original certification by such organization, the association  or  corpo-
ration  shall  make such payments to said organization and, in the event
of a challenge brought to any other organization,  such  payments  shall
continue  to  be  made until such time as the state [racing and wagering
board] GAMING COMMISSION renders its decision on such challenge; and
  S 3. This act shall take effect immediately.

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