Senate Bill S7796

                            
                    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.