S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1821
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 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.
   §  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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04428-01-7

 A. 1821                             2
 
 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
   § 3. This act shall take effect immediately.