S T A T E O F N E W Y O R K
________________________________________________________________________
5183
2015-2016 Regular Sessions
I N A S S E M B L Y
February 12, 2015
___________
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 and
the workers' compensation law, in relation to eligibility for the New
York Jockey Injury Compensation Fund, Inc. benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 221 of the racing, pari-mutuel
wagering and breeding law, as amended by chapter 325 of the laws of 2004
and such section as renumbered by chapter 18 of the laws of 2008, is
amended to read as follows:
6. The fund shall secure workers' compensation insurance coverage on a
blanket basis for the benefit of all jockeys[,] AND apprentice jockeys
[and exercise persons] licensed pursuant to this article or article four
of this chapter who are employees under section two of the workers'
compensation law. THE FUND MAY ELECT, WITH THE APPROVAL OF THE GAMING
COMMISSION, TO SECURE WORKERS' COMPENSATION INSURANCE COVERAGE PURSUANT
TO SUBDIVISION THREE OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW
AND, IN SUCH CASE, NO PROOF OF FINANCIAL ABILITY OR DEPOSIT OR POSTING
OF SECURITIES, CASH, LETTERS OF CREDIT OR A SURETY BOND NEED BE MADE IN
COMPLIANCE WITH SUCH SUBDIVISION.
S 2. Subdivision 7 of section 221 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 18 of the laws of 2008, is
amended to read as follows:
7. In order to pay the costs of the insurance required by this section
and by the workers' compensation law and to carry out its other powers
and duties and to pay for any of its liabilities under section four-
teen-a of the workers' compensation law, the New York Jockey Injury
Compensation Fund, Inc. shall ascertain the total funding necessary and
establish the sums that are to be paid by all owners and trainers
licensed or required to be licensed under section two hundred twenty of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08741-01-5
A. 5183 2
this article, to obtain the total funding amount required annually. In
order to provide that any sum required to be paid by an owner or trainer
is equitable, the fund shall establish payment schedules which reflect
such factors as are appropriate, including where applicable, the
geographic location of the racing corporation at which the owner or
trainer participates, the duration of such participation, the amount of
any purse earnings, the number of horses involved, or such other factors
as the fund shall determine to be fair, equitable and in the best inter-
ests of racing. In no event shall the amount deducted from an owner's
share of purses exceed [one] TWO per centum. In the cases of multiple
ownerships and limited racing appearances, the fund shall equitably
adjust the sum required.
The [state racing and wagering board] GAMING COMMISSION shall, as a
condition of racing, require any racing corporation or any quarterhorse
racing association or corporation authorized under this chapter to
conduct pari-mutuel betting at a race meeting or races run thereat, to
require that each trainer utilizing the facilities of such association
or corporation and each owner racing a horse shall place or have placed
on deposit with the horsemen's bookkeeper of such racing association or
corporation, an amount to be established and paid in a manner to be
determined by the fund.
Should the fund determine that the amount which has been collected in
the manner prescribed is inadequate to pay the annual costs required by
this section, it shall notify the state racing and wagering board of the
deficiency and the amount of the additional sum or sums necessary to be
paid by each owner and/or trainer in order to cover such deficiency. The
[state racing and wagering board] GAMING COMMISSION shall, as an addi-
tional condition of racing, direct any racing corporation or any quarte-
rhorse racing association or corporation authorized under this chapter
to conduct pari-mutuel betting at a race meeting or races run thereat,
to require each trainer and owner to place such additional sum or sums
on deposit with the respective horsemen's bookkeeper.
All amounts collected by a horsemen's bookkeeper pursuant to this
section shall be transferred to the fund created under this section and
shall be used by the fund to purchase workers' compensation insurance
for jockeys[,] AND apprentice jockeys [and exercise persons] licensed
pursuant to this article or article four of this chapter who are employ-
ees under section two of the workers' compensation law, to pay for any
of its liabilities under section fourteen-a of the workers' compensation
law and to administer the workers' compensation program for such jock-
eys[,] AND apprentice jockeys [and exercise persons] required by this
section and the workers' compensation law.
S 3. The second undesignated paragraph of subdivision 3 of section 2
of the workers' compensation law, as amended by chapter 392 of the laws
of 2008, is amended to read as follows:
Notwithstanding any other provision of this chapter and for purposes
of this chapter only, "employer" shall mean, with respect to a jockey[,]
OR apprentice jockey [or exercise person] licensed under article two or
four of the racing, pari-mutuel wagering and breeding law performing
services for an owner or trainer in connection with the training or
racing of a horse at a facility of a racing association or corporation
subject to article two or four of the racing, pari-mutuel wagering and
breeding law and subject to the jurisdiction of the New York state
[racing and wagering board] GAMING COMMISSION, The New York Jockey Inju-
ry Compensation Fund, Inc. and all owners and trainers who are licensed
or required to be licensed under article two or four of the racing,
A. 5183 3
pari-mutuel wagering and breeding law at the time of any occurrence for
which benefits are payable pursuant to this chapter in respect to the
injury or death of such jockey[,] OR apprentice jockey [or exercise
person].
S 4. The fifth undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law, as amended by chapter 169 of the laws of
2007, is amended to read as follows:
Notwithstanding any other provision of this chapter, and for purposes
of this chapter only, a jockey[,] OR apprentice jockey [or exercise
person] licensed under article two or four of the racing, pari-mutuel
wagering and breeding law performing services for an owner or trainer in
connection with the training or racing of a horse at a facility of a
racing association or corporation subject to article two or four of the
racing, pari-mutuel wagering and breeding law and subject to the juris-
diction of the New York state [racing and wagering board] GAMING COMMIS-
SION shall be regarded as the "employee" not solely of such owner or
trainer, but shall instead be conclusively presumed to be the "employee"
of The New York Jockey Injury Compensation Fund, Inc. and also of all
owners and trainers who are licensed or required to be licensed under
article two or four of the racing, pari-mutuel wagering and breeding law
at the time of any occurrence for which benefits are payable pursuant to
this chapter in respect of the injury or death of such jockey[,] OR
apprentice jockey [or exercise person].
S 5. The third undesignated paragraph of subdivision 5 of section 2 of
the workers' compensation law, as amended by chapter 392 of the laws of
2008, is amended to read as follows:
Notwithstanding any other provision of this chapter, and for purposes
of this chapter only, a jockey[,] OR apprentice jockey [or exercise
person] licensed under article two or four of the racing, pari-mutuel
wagering and breeding law performing services for an owner or trainer in
connection with the training or racing of a horse at a facility of a
racing association or corporation subject to article two or four of the
racing, pari-mutuel wagering and breeding law and subject to the juris-
diction of the New York state [racing and wagering board] GAMING COMMIS-
SION shall be regarded as in the "employment" not solely of such owner
and trainer, but shall instead be conclusively presumed to be in the
"employment" of The New York Jockey Injury Compensation Fund, Inc. and
of all owners and trainers who are licensed or required to be licensed
under article two or four of the racing, pari-mutuel wagering and breed-
ing law, at the time of any occurrence for which benefits are payable
pursuant to this chapter in respect of the injury or death of such jock-
ey[,] OR apprentice jockey [or exercise person].
S 6. The opening paragraph of section 11 of the worker's compensation
law, as amended by chapter 169 of the laws of 2007, is amended to read
as follows:
The liability of an employer prescribed by the last preceding section
shall be exclusive and in place of any other liability whatsoever, to
such employee, his or her personal representatives, spouse, parents,
dependents, distributees, or any person otherwise entitled to recover
damages, contribution or indemnity, at common law or otherwise, on
account of such injury or death or liability arising therefrom, except
that if an employer fails to secure the payment of compensation for his
or her injured employees and their dependents as provided in section
fifty of this chapter, an injured employee, or his or her legal repre-
sentative in case of death results from the injury, may, at his or her
option, elect to claim compensation under this chapter, or to maintain
A. 5183 4
an action in the courts for damages on account of such injury; and in
such an action it shall not be necessary to plead or prove freedom from
contributory negligence nor may the defendant plead as a defense that
the injury was caused by the negligence of a fellow servant nor that the
employee assumed the risk of his or her employment, nor that the injury
was due to the contributory negligence of the employee.
The liability under this chapter of The New York Jockey Injury Compen-
sation Fund, Inc. created under section two hundred [thirteen-a] TWEN-
TY-ONE of the racing, pari-mutuel wagering and breeding law shall be
limited to the provision of workers' compensation coverage to jockeys[,]
AND apprentice jockeys [and exercise persons] licensed under article two
or four of the racing, pari-mutuel wagering and breeding law and any
statutory penalties resulting from the failure to provide such coverage.
S 7. Subdivision 4 of section 14-a of the worker's compensation law,
as amended by chapter 169 of the laws of 2007, is amended to read as
follows:
4. With respect to a jockey[,] OR apprentice jockey [or exercise
person] licensed under article two or four of the racing, pari-mutuel
wagering and breeding law who, pursuant to section two of this chapter,
is an employee of all owners and trainers licensed or required to be
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law and The New York Jockey Injury Compensation Fund, Inc.,
the owner or trainer for whom such jockey[,] OR apprentice jockey [or
exercise person] was performing services at the time of the accident
shall be solely responsible for the double payments described in subdi-
vision one of this section, to the extent that such payments exceed any
amounts otherwise payable with respect to such jockey[,] OR apprentice
jockey [or exercise person] under any other section of this chapter, and
the New York Jockey Injury Compensation Fund, Inc. shall have no respon-
sibility for such excess payments, unless there shall be a failure of
the responsible owner or trainer to pay such award within the time
provided under this chapter. In the event of such failure to pay and the
board requires the fund to pay the award on behalf of such owner or
trainer who has been found to have violated this section, the fund shall
be entitled to an award against such owner or trainer for the amount so
paid which shall be collected in the same manner as an award of compen-
sation.
S 8. Section 18-a of the workers' compensation law, as amended by
chapter 169 of the laws of 2007, is amended to read as follows:
S 18-a. Notice: The New York Jockey Injury Compensation Fund, Inc.
Wherever in this chapter it shall be required that notice be given to an
employer, except for claims involving section fourteen-a of the workers'
compensation law such notice requirement shall be deemed satisfied by
giving notice to the New York Jockey Injury Compensation Fund, Inc., in
connection with an injury to a jockey[,] OR apprentice jockey [or exer-
cise person] licensed under article two or four of the racing, pari-mu-
tuel wagering and breeding law who, pursuant to section two of this
chapter, is an employee of all owners and trainers licensed or required
to be licensed under article two or four of the racing, pari-mutuel
wagering and breeding law and of the fund. In a claim involving section
fourteen-a of the workers' compensation law such required notice shall
be given to the employing owner and/or trainer of the fund.
S 9. Subdivision 8 of section 50 of the workers' compensation law, as
amended by chapter 169 of the laws of 2007, is amended to read as
follows:
A. 5183 5
8. The requirements of section ten of this chapter regarding the
provision of workers' compensation insurance as to owners and trainers
governed by the racing, pari-mutuel wagering and breeding law who are
employers under section two of this chapter are satisfied in full by
compliance with the requirements imposed upon owners and trainers by
section two hundred [thirteen-a] TWENTY-ONE of the racing, pari-mutuel
wagering and breeding law, provided that in the event double compen-
sation, death benefits, or awards are payable with respect to an injured
employee under section fourteen-a of this chapter, the owner or trainer
for whom the injured jockey[,] OR apprentice jockey [or exercise person]
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law is performing services as a jockey[,] OR apprentice
jockey [or exercise person] so licensed at the time of the accident
shall bear the sole responsibility for the amount payable pursuant to
such section fourteen-a in excess of the amount otherwise payable under
this chapter, unless there shall be a failure of the responsible owner
or trainer to pay such award within the time provided under this chap-
ter. In the event of such failure to pay and the board requires the fund
to pay the award on behalf of such owner or trainer who has been found
to have violated section fourteen-a, the fund shall be entitled to an
award against such owner or trainer for the amount so paid which shall
be collected in the same manner as an award of compensation. Coverage
directly procured by any owner or trainer for the purpose of satisfying
the requirements of this chapter with respect to employees of the owner
or trainer shall not include coverage on any jockey[,] OR apprentice
jockey [or exercise person] licensed under article two or four of the
racing, pari-mutuel wagering and breeding law to the extent that such
jockey[,] OR apprentice jockey [or exercise person] is also covered
under coverage procured by The New York Jockey Injury Compensation Fund,
Inc. pursuant to the requirements of section two hundred [thirteen-a]
TWENTY-ONE of the racing, pari-mutuel wagering and breeding law, and to
that extent, coverage procured by the fund pursuant to the requirements
of the racing, pari-mutuel wagering and breeding law shall be considered
primary.
S 10. This act shall take effect immediately.