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

                                  5541

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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 and
  the workers' compensation law, in relation  to  the  New  York  Jockey
  Injury Compensation Fund, Inc.

  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]  (A) PURSUANT TO THE ELECTION AUTHORIZED IN PARAGRAPH (B) OF
THIS SUBDIVISION, THE fund shall secure workers' compensation  insurance
coverage  on  a blanket basis for the benefit of EITHER (I) all jockeys,
apprentice jockeys and exercise persons, OR (II) ALL JOCKEYS AND APPREN-
TICE JOCKEYS licensed pursuant to this article or article four  of  this
chapter who are employees under section two of the workers' compensation
law.
  (B)  THE  FUND  MAY,  IN ITS SOLE DISCRETION, ELECT TO SECURE WORKERS'
COMPENSATION INSURANCE ON A BLANKET BASIS FOR THE BENEFIT OF  EITHER  OF
THE  TWO CLASSES IDENTIFIED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (A)
OF THIS SUBDIVISION, AND IT  SHALL  PROVIDE  THE  WORKERS'  COMPENSATION
BOARD WITH NOTICE WITHIN FIFTEEN DAYS OF MAKING SUCH ELECTION.
  S 2. The fourth undesignated paragraph of 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:
  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  EITHER  (I) ALL jockeys, apprentice jockeys and exercise persons OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11066-01-5
              

S. 5541                             2

(II) ALL JOCKEYS AND ASSISTANT JOCKEYS AS AUTHORIZED IN SUBDIVISION  SIX
OF  THIS  SECTION  licensed  pursuant to this article or article four of
this chapter who are employees under section two of the workers' compen-
sation  law,  to pay for any of its liabilities under section fourteen-a
of the workers' compensation law and to administer the workers'  compen-
sation program for EITHER (I) such jockeys, apprentice jockeys and exer-
cise  persons,  OR  (II) SUCH JOCKEYS AND ASSISTANT JOCKEYS, AS THE CASE
MAY BE, 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, The New York Jockey Injury Compensation Fund,
Inc.  and  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 to the injury  or  death  of
such  jockey[,] OR apprentice jockey or exercise person PROVIDED, HOWEV-
ER, THAT WHERE THE NEW YORK JOCKEY INJURY COMPENSATION  FUND  MAKES  THE
ELECTION  AS  AUTHORIZED IN SUBDIVISION SIX OF SECTION TWO HUNDRED TWEN-
TY-ONE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING  LAW  TO  SECURE
WORKERS'  COMPENSATION INSURANCE ONLY FOR JOCKEYS AND APPRENTICE JOCKEYS
"EMPLOYER" SHALL MEAN, WITH RESPECT TO AN 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, THE  OWNER  AND  TRAINER  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  OCCUR-
RENCE FOR WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT
TO THE INJURY OR DEATH OF SUCH EXERCISE PERSON.
  S 4. The fifth undesignated paragraph of subdivision 4 of section 2 of
the  workers'  compensation  law, as added 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, 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 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

S. 5541                             3

of any occurrence for which benefits are payable pursuant to this  chap-
ter  in respect of the injury or death of such jockey, apprentice jockey
or exercise person PROVIDED, HOWEVER, THAT WHERE  THE  NEW  YORK  JOCKEY
INJURY COMPENSATION FUND MAKES THE ELECTION AS AUTHORIZED IN SUBDIVISION
SIX  OF SECTION TWO HUNDRED TWENTY-ONE OF THE RACING, PARI-MUTUEL WAGER-
ING AND BREEDING LAW TO SECURE WORKERS' COMPENSATION INSURANCE ONLY  FOR
JOCKEYS  AND  APPRENTICE  JOCKEYS,  WITH  RESPECT  TO AN 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, SUCH EXERCISE
PERSON SHALL BE REGARDED AS THE "EMPLOYEE" OF THE OWNER AND TRAINER  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 OCCUR-
RENCE FOR WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT
TO THE INJURY OR DEATH OF SUCH EXERCISE PERSON.
  S 5. The third undesignated paragraph of subdivision 5 of section 2 of
the workers' compensation law, as added 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, 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  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  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,  apprentice
jockey  or  exercise  person, PROVIDED, HOWEVER, THAT WHERE THE NEW YORK
JOCKEY INJURY COMPENSATION FUND MAKES  THE  ELECTION  AS  AUTHORIZED  IN
SUBDIVISION  SIX  OF  SECTION  TWO  HUNDRED  TWENTY-ONE  OF  THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW TO  SECURE  WORKERS'  COMPENSATION
INSURANCE  ONLY  FOR  JOCKEYS  AND APPRENTICE JOCKEYS AN 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, SHALL BE
REGARDED AS IN THE  "EMPLOYMENT"  OF  THE  OWNER  AND  TRAINER  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  OCCUR-
RENCE FOR WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT
TO THE INJURY OR DEATH OF SUCH EXERCISE PERSON.  For the purpose of this
chapter only, whether a livery driver's performance of covered services,
as  those  terms  are  defined  in  article  six-G of the executive law,
constitutes "employment" shall be determined in accordance with  section
eighteen-c of this chapter.

S. 5541                             4

  S  6. The opening paragraph of section 11 of the workers' 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
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 Compensation Fund, Inc.
created under section two hundred [thirteen-a] TWENTY-ONE of the racing,
pari-mutuel  wagering and breeding law shall be limited to the provision
of workers' compensation coverage to  jockeys,  apprentice  jockeys  and
exercise  persons  OR  JOCKEYS  AND APPRENTICE JOCKEYS AS 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  DEPENDENT  UPON  THE  ELECTION  MADE  BY SUCH FUND PURSUANT TO
SUBDIVISION SIX  OF  SECTION  TWO  HUNDRED  TWENTY-ONE  OF  THE  RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW.
  S  7.  Subdivision 4 of section 14-a of the workers' compensation law,
as amended by chapter 169 of the laws of 2007, is  amended  to  read  as
follows:
  4.  [With]  WHERE  THE  ELECTION  MADE  BY  THE NEW YORK JOCKEY INJURY
COMPENSATION FUND IS  TO  PROVIDE  WORKERS'  COMPENSATION  FOR  JOCKEYS,
APPRENTICE  JOCKEYS  AND  EXERCISE  PERSONS,  WITH  respect to a jockey,
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 jock-
ey,  apprentice jockey or exercise person was performing services at the
time of the accident shall be solely responsible for the double payments
described in subdivision one of this section, to the  extent  that  such
payments exceed any amounts otherwise payable with respect to such jock-
ey, apprentice jockey or exercise person under any other section of this
chapter,  and  the  New York Jockey Injury Compensation Fund, Inc. shall
have no responsibility 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 compensation.

S. 5541                             5

  S 8. Section 18-a of the workers' compensation law, as added by  chap-
ter 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,  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 of the fund WHERE THE ELECTION HAS BEEN MADE BY THE
NEW  YORK  JOCKEY  INJURY  COMPENSATION FUND TO PROVIDE WORKERS' COMPEN-
SATION TO ALL JOCKEYS, APPRENTICE JOCKEYS AND  EXERCISE  PERSONS.  In  a
claim  involving section fourteen-a of the workers' compensation law AND
WHERE SUCH ELECTION HAS BEEN MADE TO PROVIDE WORKERS' COMPENSATION  ONLY
TO  JOCKEYS  AND APPRENTICE JOCKEYS, 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:
  8. [The] WHERE THE ELECTION MADE BY THE NEW YORK JOCKEY INJURY COMPEN-
SATION FUND IS TO PROVIDE WORKERS' COMPENSATION FOR JOCKEYS,  APPRENTICE
JOCKEYS  AND  EXERCISE  PERSONS, 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  compensation,  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, 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,
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 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 section fourteen-a OF THIS  CHAPTER,
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 train-
er 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, apprentice jockey or exercise person licensed under arti-
cle two or four of the racing, pari-mutuel wagering and breeding law  to
the  extent  that  such  jockey, 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

S. 5541                             6

to the requirements of the racing, pari-mutuel wagering and breeding law
shall be considered primary.
  S 10. This act shall take effect immediately.

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

                                 5541--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by Sens. BONACIC, MARCHIONE -- read twice and ordered print-
  ed, and when printed to be  committed  to  the  Committee  on  Racing,
  Gaming  and  Wagering  --  reported  favorably from said committee and
  committed to the Committee on  Rules  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
  the  workers'  compensation  law,  in  relation to the New York Jockey
  Injury Compensation Fund, Inc.

  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] (A) PURSUANT TO THE ELECTION AUTHORIZED IN PARAGRAPH  (B)  OF
THIS  SUBDIVISION, THE fund shall secure workers' compensation insurance
coverage on a blanket basis for the benefit of EITHER (I)  all  jockeys,
apprentice jockeys and exercise persons, OR (II) ALL JOCKEYS AND APPREN-
TICE  JOCKEYS  licensed pursuant to this article or article four of this
chapter who are employees under section two of the workers' compensation
law.
  (B) THE FUND MAY, IN ITS SOLE DISCRETION,  ELECT  TO  SECURE  WORKERS'
COMPENSATION  INSURANCE  ON A BLANKET BASIS FOR THE BENEFIT OF EITHER OF
THE TWO CLASSES IDENTIFIED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH  (A)
OF  THIS  SUBDIVISION,  AND  IT  SHALL PROVIDE THE WORKERS' COMPENSATION
BOARD WITH NOTICE WITHIN FIFTEEN DAYS OF MAKING SUCH ELECTION.
  S 2. The fourth undesignated paragraph of 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11066-02-5

              

S. 5541--A                          2

  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 EITHER (I) ALL jockeys, apprentice jockeys and exercise  persons  OR
(II) ALL JOCKEYS AND APPRENTICE JOCKEYS AS AUTHORIZED IN SUBDIVISION SIX
OF  THIS  SECTION  licensed  pursuant to this article or article four of
this chapter who are employees under section two of the workers' compen-
sation law, to pay for any of its liabilities under  section  fourteen-a
of  the workers' compensation law and to administer the workers' compen-
sation program for EITHER (I) such jockeys, apprentice jockeys and exer-
cise persons, OR (II) SUCH JOCKEYS AND APPRENTICE JOCKEYS, AS  THE  CASE
MAY BE, 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, The New York Jockey Injury Compensation Fund,
Inc. and 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 to the injury or death of
such jockey[,] OR apprentice jockey or exercise person PROVIDED,  HOWEV-
ER,  THAT  WHERE  THE NEW YORK JOCKEY INJURY COMPENSATION FUND MAKES THE
ELECTION AS AUTHORIZED IN SUBDIVISION SIX OF SECTION TWO  HUNDRED  TWEN-
TY-ONE  OF  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW TO SECURE
WORKERS' COMPENSATION INSURANCE ONLY FOR JOCKEYS AND APPRENTICE  JOCKEYS
"EMPLOYER" SHALL MEAN, WITH RESPECT TO AN 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, THE OWNER AND TRAINER 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 OCCUR-
RENCE FOR WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT
TO THE INJURY OR DEATH OF SUCH EXERCISE PERSON.
  S 4. The fifth undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law, as added 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, 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  shall  be
regarded  as  the  "employee"  not  solely of such owner or trainer, but

S. 5541--A                          3

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 chap-
ter in respect of the injury or death of such jockey, apprentice  jockey
or  exercise  person  PROVIDED,  HOWEVER, THAT WHERE THE NEW YORK JOCKEY
INJURY COMPENSATION FUND MAKES THE ELECTION AS AUTHORIZED IN SUBDIVISION
SIX OF SECTION TWO HUNDRED TWENTY-ONE OF THE RACING, PARI-MUTUEL  WAGER-
ING  AND BREEDING LAW TO SECURE WORKERS' COMPENSATION INSURANCE ONLY FOR
JOCKEYS AND APPRENTICE JOCKEYS,  WITH  RESPECT  TO  AN  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,  SUCH  EXERCISE
PERSON  SHALL BE REGARDED AS THE "EMPLOYEE" OF THE OWNER AND TRAINER 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  OCCUR-
RENCE FOR WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT
TO THE INJURY OR DEATH OF SUCH EXERCISE PERSON.
  S 5. The third undesignated paragraph of subdivision 5 of section 2 of
the  workers'  compensation  law, as added 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, 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 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 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, apprentice
jockey or exercise person, PROVIDED, HOWEVER, THAT WHERE  THE  NEW  YORK
JOCKEY  INJURY  COMPENSATION  FUND  MAKES  THE ELECTION AS AUTHORIZED IN
SUBDIVISION SIX  OF  SECTION  TWO  HUNDRED  TWENTY-ONE  OF  THE  RACING,
PARI-MUTUEL  WAGERING  AND  BREEDING LAW TO SECURE WORKERS' COMPENSATION
INSURANCE ONLY FOR JOCKEYS AND APPRENTICE  JOCKEYS  AN  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,  SHALL  BE
REGARDED  AS  IN  THE  "EMPLOYMENT"  OF  THE  OWNER  AND TRAINER 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 OCCUR-
RENCE FOR WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT
TO THE INJURY OR DEATH OF SUCH EXERCISE PERSON.  For the purpose of this

S. 5541--A                          4

chapter only, whether a livery driver's performance of covered services,
as those terms are defined  in  article  six-G  of  the  executive  law,
constitutes  "employment" shall be determined in accordance with section
eighteen-c of this chapter.
  S  6. The opening paragraph of section 11 of the workers' 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
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 Compensation Fund, Inc.
created under section two hundred [thirteen-a] TWENTY-ONE of the racing,
pari-mutuel  wagering and breeding law shall be limited to the provision
of workers' compensation coverage to  jockeys,  apprentice  jockeys  and
exercise  persons  OR  JOCKEYS  AND APPRENTICE JOCKEYS AS 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  DEPENDENT  UPON  THE  ELECTION  MADE  BY SUCH FUND PURSUANT TO
SUBDIVISION SIX  OF  SECTION  TWO  HUNDRED  TWENTY-ONE  OF  THE  RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW.
  S  7.  Subdivision 4 of section 14-a of the workers' compensation law,
as amended by chapter 169 of the laws of 2007, is  amended  to  read  as
follows:
  4.  [With]  WHERE  THE  ELECTION  MADE  BY  THE NEW YORK JOCKEY INJURY
COMPENSATION FUND, INC.  IS TO PROVIDE WORKERS' COMPENSATION  FOR  JOCK-
EYS,  APPRENTICE JOCKEYS AND EXERCISE PERSONS, WITH respect to a jockey,
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 jock-
ey,  apprentice jockey or exercise person was performing services at the
time of the accident shall be solely responsible for the double payments
described in subdivision one of this section, to the  extent  that  such
payments exceed any amounts otherwise payable with respect to such jock-
ey, apprentice jockey or exercise person under any other section of this
chapter,  and  the  New York Jockey Injury Compensation Fund, Inc. shall
have no responsibility 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

S. 5541--A                          5

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 compensation.
  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, 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 of the fund WHERE THE ELECTION HAS BEEN MADE BY THE
NEW YORK JOCKEY INJURY COMPENSATION FUND,  INC.    TO  PROVIDE  WORKERS'
COMPENSATION TO ALL JOCKEYS, APPRENTICE JOCKEYS AND EXERCISE PERSONS. In
a  claim  involving  section fourteen-a of the workers' compensation law
AND WHERE SUCH ELECTION HAS BEEN MADE TO PROVIDE  WORKERS'  COMPENSATION
ONLY  TO  JOCKEYS  AND APPRENTICE JOCKEYS, 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:
  8. [The] WHERE THE ELECTION MADE BY THE NEW YORK JOCKEY INJURY COMPEN-
SATION FUND, INC.   IS TO PROVIDE  WORKERS'  COMPENSATION  FOR  JOCKEYS,
APPRENTICE JOCKEYS AND EXERCISE PERSONS, THE requirements of section ten
of  this chapter regarding the provision of workers' compensation insur-
ance 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  compensation, 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, apprentice jockey or exercise person licensed under article  two
or four of the racing, pari-mutuel wagering and breeding law is perform-
ing  services  as  a  jockey,  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 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 section fourteen-a OF
THIS CHAPTER, 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, 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, apprentice jockey or

S. 5541--A                          6

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.