S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4517
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 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  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.  (A) The fund shall secure workers' compensation insurance coverage
 on a blanket basis for the benefit of all  jockeys,  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, AND MAY ELECT WITH THE APPROVAL OF THE GAMING COMMIS-
 SION, TO SECURE WORKERS' COMPENSATION INSURANCE FOR  LICENSED  EMPLOYEES
 OF LICENSED TRAINERS.
   (B) THE FUND MAY ELECT, WITH THE APPROVAL OF THE GAMING COMMISSION, TO
 SECURE  WORKERS' COMPENSATION INSURANCE COVERAGE THROUGH A FORM OF SELF-
 INSURANCE, INCLUDING, WITHOUT LIMITATION, PURSUANT TO SUBDIVISION  THREE
 OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW.
   § 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  jockeys,  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, AND AT THE ELECTION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04132-01-7

 A. 4517                             2
 
 FUND,  WITH  THE  APPROVAL  OF THE GAMING COMMISSION, TO SECURE WORKERS'
 COMPENSATION INSURANCE FOR LICENSED EMPLOYEES OF  LICENSED  TRAINERS  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  jockeys,  apprentice  jockeys  [and],  exercise  persons  AND,  IF
 APPROVED, LICENSED EMPLOYEES  OF  LICENSED  TRAINERS  required  by  this
 section and the workers' compensation law.
   § 3. Subdivision 12 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:
   12. FOR PURPOSES OF THIS SECTION,  THE  TERM  "LICENSED  EMPLOYEES  OF
 LICENSED  TRAINERS"  SHALL  HAVE THE SAME MEANING AS SUBDIVISION TWENTY-
 FOUR OF SECTION TWO OF THE WORKERS' COMPENSATION LAW.
   13. The fund and the state racing and wagering board shall  have  such
 power as is necessary to implement the provisions of this section.
   § 4. Section 2 of the workers' compensation law is amended by adding a
 new subdivision 24 to read as follows:
   24.  "LICENSED  EMPLOYEES OF LICENSED TRAINERS" MEANS ASSISTANT TRAIN-
 ERS, FOREMAN, WATCHMEN AND STABLE EMPLOYEES, INCLUDING GROOMS  AND  HOT-
 WALKERS.
   §  5.  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,
 apprentice  jockey or exercise person licensed under article two or four
 of the racing, pari-mutuel  wagering  and  breeding  law,  AND,  AT  THE
 ELECTION  OF THE NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. AND WITH
 THE APPROVAL OF THE GAMING COMMISSION, LICENSED  EMPLOYEES  OF  LICENSED
 TRAINERS, 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 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 occur-
 rence for which benefits are payable pursuant to this chapter in respect
 to the injury or death of such jockey, apprentice jockey [or],  exercise
 person OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED TRAINER.
   § 6. 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, apprentice jockey or exercise person
 licensed under article two or four of the racing,  pari-mutuel  wagering
 and  breeding  law  AND,  AT  THE ELECTION OF THE NEW YORK JOCKEY INJURY
 COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING  COMMISSION,
 LICENSED  EMPLOYEES  OF  LICENSED  TRAINERS,  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 shall be regarded as the "employee" not solely of such
 owner  or  trainer, but shall instead be conclusively presumed to be the

 A. 4517                             3
 
 "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, apprentice jockey [or], exercise person OR, IF APPROVED, A
 LICENSED EMPLOYEE OF A LICENSED TRAINER.
   § 7. 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, apprentice  jockey  or  exercise  person
 licensed  under  article two or four of the racing, pari-mutuel wagering
 and breeding law AND, AT THE ELECTION OF  THE  NEW  YORK  JOCKEY  INJURY
 COMPENSATION  FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
 LICENSED EMPLOYEES OF LICENSED  TRAINERS,  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 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 OR, IF APPROVED, A
 LICENSED EMPLOYEE OF A LICENSED TRAINER.  For the purpose of this  chap-
 ter  only, whether a livery driver's performance of covered services, as
 those terms are defined in article six-G of the executive  law,  consti-
 tutes  "employment" shall be determined in accordance with section eigh-
 teen-c of this chapter.
   § 8.  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

 A. 4517                             4
 
 of workers' compensation coverage to jockeys, apprentice jockeys  [and],
 exercise  persons  AND,  AT  THE  ELECTION OF THE NEW YORK JOCKEY INJURY
 COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING  COMMISSION,
 A  LICENSED EMPLOYEE OF A LICENSED TRAINER licensed under article two or
 four of the racing, pari-mutuel wagering and breeding law and any statu-
 tory penalties resulting from the failure to provide such coverage.
   § 9. 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 respect to a jockey,  apprentice  jockey  or  exercise  person
 licensed  under  article two or four of the racing, pari-mutuel wagering
 and breeding law AND, AT THE ELECTION OF  THE  NEW  YORK  JOCKEY  INJURY
 COMPENSATION  FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
 A LICENSED EMPLOYEE OF A LICENSED TRAINER 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 Compen-
 sation Fund, Inc., the owner or trainer for whom such jockey, apprentice
 jockey [or], exercise person OR, IF APPROVED, A LICENSED EMPLOYEE  OF  A
 LICENSED  TRAINER  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, apprentice jockey
 [or], exercise person OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED
 TRAINER 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.
   §  10.    Section 18-a of the workers' compensation law, as amended by
 chapter 169 of the laws of 2007, is amended to read as follows:
   § 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 AND, AT THE ELECTION OF THE NEW YORK JOCKEY
 INJURY COMPENSATION FUND, INC. AND  WITH  THE  APPROVAL  OF  THE  GAMING
 COMMISSION,  A LICENSED EMPLOYEE OF A LICENSED TRAINER, 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.
   § 11. 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  requirements  of  section  ten  of this chapter regarding the
 provision of workers' compensation insurance as to owners  and  trainers

 A. 4517                             5

 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,  apprentice  jockey  or  exercise  person
 licensed  under  article two or four of the racing, pari-mutuel wagering
 and breeding law AND, AT THE ELECTION OF  THE  NEW  YORK  JOCKEY  INJURY
 COMPENSATION  FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
 A LICENSED EMPLOYEE OF A LICENSED TRAINER, is performing services  as  a
 jockey,  apprentice jockey or exercise person so licensed at the time of
 the accident OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED  TRAINER
 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 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  compen-
 sation.  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 AND, AT THE
 ELECTION  OF THE NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. AND WITH
 THE APPROVAL OF THE GAMING COMMISSION, A LICENSED EMPLOYEE OF A LICENSED
 TRAINER, to the extent that such jockey, apprentice jockey  [or],  exer-
 cise  person  OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED TRAINER
 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.
   § 12. This act shall take effect immediately.