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.