S T A T E O F N E W Y O R K
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9478
I N A S S E M B L Y
March 10, 2016
___________
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 providing funds from the purse cushion fund to the New
York Jockey Injury Compensation Fund, Inc. for two thousand sixteen
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 7 of section 221 of
the racing, pari-mutuel wagering and breeding law, as amended by section
1 of part VV of chapter 59 of the laws of 2015, is amended to read as
follows:
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
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 two per centum, NOTWITHSTANDING THE ABOVE
PROVISIONS, FOR TWO THOUSAND SIXTEEN, THE NEW YORK JOCKEY INJURY COMPEN-
SATION FUND, INC. MAY USE UP TO TWO MILLION DOLLARS FROM THE UNPAID
PURSE CUSHION UNDER SUBDIVISION NINE OF SECTION TWO HUNDRED EIGHT OF
THIS ARTICLE, TO PAY TOWARDS THE ANNUAL COSTS UNDER THIS SECTION AND
SUCH UNUSED PURSE CUSHION FUNDS SHALL NOT COUNT AGAINST THE TWO PER
CENTUM OF PURSES DEDUCTED FROM AN OWNER'S SHARE OF PURSES. The amount
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14113-01-6
A. 9478 2
deducted from an owner's share of purses shall not exceed one per centum
after April first, two thousand seventeen. In the cases of multiple
ownerships and limited racing appearances, the fund shall equitably
adjust the sum required.
S 2. Paragraph (a) of subdivision 9 of section 208 of the racing,
pari-mutuel wagering and breeding law, as added by chapter 18 of the
laws of 2008, is amended to read as follows:
(a) The franchised corporation shall maintain a separate account for
all funds held on deposit in trust by the corporation for individual
horsemen's accounts. Purse funds shall be paid by the corporation as
required to meet its purse payment obligations. Funds held in horsemen's
accounts shall only be released or applied as requested and directed by
the individual horseman. NOTWITHSTANDING THE ABOVE PROVISIONS, FOR TWO
THOUSAND SIXTEEN, THE NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. MAY
USE UP TO TWO MILLION DOLLARS FROM THE UNPAID PURSE CUSHION UNDER THIS
SECTION TO PAY TOWARDS THE ANNUAL COSTS UNDER SECTION TWO HUNDRED TWEN-
TY-ONE OF THIS ARTICLE.
S 3. This act shall take effect immediately.