S T A T E   O F   N E W   Y O R K
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                                  1609

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. SIMA-
  NOWITZ -- read once and referred to the Committee on Racing 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] IN THE ABSENCE OF A CONTRACTUAL AGREEMENT BETWEEN A  RACING
ASSOCIATION  OR CORPORATION AND THE RECOGNIZED HORSEMEN'S ASSOCIATION AT
THAT TRACK, 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  percent  of]  THE  SAME AMOUNT PAID BY CONTRACT IN THE MOST RECENT
CONTRACTUAL AGREEMENT FROM 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]
COMMISSION.
  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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05538-01-5

A. 1609                             2

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
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]  IN  THE
ABSENCE  OF  A  CONTRACTUAL  AGREEMENT  BETWEEN  A RACING ASSOCIATION OR
CORPORATION AND THE RECOGNIZED HORSEMEN'S ASSOCIATION AT THAT TRACK, THE
STATE GAMING COMMISSION SHALL AS A CONDITION OF RACING REQUIRE AN  ASSO-
CIATION AUTHORIZED TO OPERATE IN WESTCHESTER COUNTY TO WITHHOLD THE SAME
AMOUNT  PAID  BY  CONTRACT IN THE MOST RECENT CONTRACTUAL AGREEMENT FROM
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] COMMISSION,  is  determined  to  have
resulted  from  a person, firm, association, corporation or organization
knowingly aiding in or permitting eligibility for benefits being  condi-
tioned upon membership in such organization shall subject such organiza-
tion to the penalties 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  actu-
ally 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
wagering board] GAMING COMMISSION that it represents at least  fifty-one
per  centum  of  such  owners  and  trainers  and provide copies of such
certification 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.