S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4286
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 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. (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 OR OWNERS. IN THE EVENT THE FUND ELECTS,  WITH  THE
 APPROVAL  OF  THE  GAMING  COMMISSION,  TO  SECURE WORKERS' COMPENSATION
 INSURANCE FOR LICENSED EMPLOYEES OF LICENSED TRAINERS  OR  OWNERS,  THEN
 THE  FUND  MAY DISCONTINUE TO SECURE WORKERS' COMPENSATION INSURANCE FOR
 LICENSED EMPLOYEES OF  LICENSED  TRAINERS  OR  OWNERS  ONLY  UPON  PRIOR
 APPROVAL OF THE GAMING COMMISSION.
   (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,  BY  BECOMING  AN  INDIVIDUAL
 SELF-INSURER  OR  BY BECOMING A MEMBER OF A SELF-INSURED GROUP, PROVIDED
 THAT THE FUND HAS MET THE REQUIREMENTS OF THE NEW YORK STATE  DEPARTMENT
 OF  FINANCIAL SERVICES AND WORKERS' COMPENSATION BOARD, INCLUDING, WITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09755-01-7
              

 S. 4286                             2
 
 OUT LIMITATION, 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
 FUND,  WITH  THE  APPROVAL  OF THE GAMING COMMISSION, TO SECURE WORKERS'
 COMPENSATION INSURANCE FOR LICENSED EMPLOYEES OF  LICENSED  TRAINERS  OR
 OWNERS 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 OR OWNERS
 required by this section and the workers' compensation law.
   § 3. Subdivision 7 of section 221 of the racing, pari-mutuel  wagering
 and breeding law is amended by adding a new fifth undesignated paragraph
 to read as follows:
   IN  THE EVENT THE FUND ELECTS, WITH THE APPROVAL OF THE GAMING COMMIS-
 SION, TO SECURE WORKERS' COMPENSATION INSURANCE FOR  LICENSED  EMPLOYEES
 OF  LICENSED TRAINERS OR OWNERS, THEN THE FUND MAY ELECT TO HAVE THE SUM
 REQUIRED TO BE PAID BY AN OWNER OR TRAINER PURSUANT TO THIS  SECTION  BE
 SUBJECT  TO  AN EXAMINATION OF WORKERS' COMPENSATION CLAIMS ATTRIBUTABLE
 UNDER THE FUND TO EACH SUCH OWNER OR TRAINER,  INCLUDING  THE  FREQUENCY
 AND SEVERITY OF ACCIDENTS AND INJURIES.
   § 4. 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 renumbered
 subdivision 14 and amended, and two new subdivisions 12 and 13 are added
 to read as follows:
   12. FOR PURPOSES OF THIS SECTION,  THE  TERM  "LICENSED  EMPLOYEES  OF
 LICENSED  TRAINERS OR OWNERS" SHALL HAVE THE SAME MEANING AS SUBDIVISION
 TWENTY-FOUR OF SECTION TWO OF THE WORKERS' COMPENSATION LAW.
   13. (A) THERE IS HEREBY CREATED  A  STANDING  ADVISORY  RACING  SAFETY
 COMMITTEE  TO  BE  KNOWN  AS  THE  NEW  YORK RACING SAFETY COMMITTEE AND
 REFERRED TO IN THIS  SECTION  AS  "THE  SAFETY  COMMITTEE".  THE  SAFETY
 COMMITTEE  SHALL CONSIST OF SEVEN MEMBERS, WITH THE FUND, GAMING COMMIS-
 SION, THE RACING ASSOCIATION OR CORPORATION, SUBJECT TO ARTICLE  TWO  OR
 FOUR  OF  THIS  CHAPTER  AND  SUBJECT  TO THE JURISDICTION OF THE GAMING
 COMMISSION, WHICH OPERATES THE RACING AND TRAINING FACILITIES  AT  AQUE-
 DUCT  RACE TRACK, BELMONT PARK AND SARATOGA RACE TRACK, THE RACING ASSO-
 CIATION OR CORPORATION, SUBJECT TO ARTICLE TWO OR FOUR OF  THIS  CHAPTER
 AND  SUBJECT TO THE JURISDICTION OF THE GAMING COMMISSION WHICH OPERATES
 THE RACING AND TRAINING FACILITIES  AT  FINGER  LAKES  RACE  TRACK,  THE
 FINGER  LAKES  HORSEMEN'S  BENEVOLENT  &  PROTECTIVE  ASSOCIATION,  INC.
 ("FLHBRA"), AND THE JOCKEYS' GUILD EACH  TO  APPOINT  ONE  MEMBER  IN  A
 MANNER  AND  FOR  TERMS  TO  BE PRESCRIBED BY THE RESPECTIVE MEMBER. THE
 MEMBER OF THE SAFETY COMMITTEE APPOINTED BY  THE  FUND  SHALL  SERVE  AS
 CHAIRPERSON  AND  THE  MEMBER  OF  THE SAFETY COMMITTEE APPOINTED BY THE
 GAMING COMMISSION SHALL SERVE AS VICE-CHAIRPERSON. ALTHOUGH EACH  MEMBER
 OF  THE SAFETY COMMITTEE SHALL HAVE EQUAL VOTING RIGHTS WITH THE OTHERS,
 THE SAFETY COMMITTEE IS ONLY AUTHORIZED TO MAKE NON-BINDING  RECOMMENDA-
 TIONS.

 S. 4286                             3
 
   (B)  THE  SAFETY COMMITTEE SHALL MEET WITHIN NINETY DAYS FOLLOWING THE
 EFFECTIVE DATE OF THIS SUBDIVISION TO JOINTLY  REVIEW  AND  DISCUSS  THE
 STEPS  REQUIRED TO BEGIN THE PROCESS OF IMPLEMENTING THE RECOMMENDATIONS
 CONTAINED IN THE RISK MANAGEMENT REPORT SUBMITTED TO THE GAMING  COMMIS-
 SION  PURSUANT  TO  GAMING  COMMISSION REGULATION 9 NYCRR § 4046.6 ON OR
 ABOUT SEPTEMBER THIRTIETH, TWO THOUSAND SIXTEEN. STARTING  IN  JULY  TWO
 THOUSAND  SEVENTEEN AND AT LEAST ANNUALLY THEREAFTER, THE SAFETY COMMIT-
 TEE SHALL MEET TO REVIEW THE WORKERS' COMPENSATION LOSS INFORMATION  AND
 THE STATUS OF SAFETY-RELATED FINDINGS AND RECOMMENDATIONS AND TO DEVELOP
 AN ANNUAL STRATEGIC PLAN TO ADDRESS IDENTIFIED SAFETY ISSUES.
   (C)  WITHIN  ONE  HUNDRED  EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF
 THIS SUBDIVISION, THE TWO  RACING  ASSOCIATION  OR  CORPORATION  MEMBERS
 SHALL,  IN CONSULTATION WITH THE OTHER MEMBERS OF THE SAFETY  COMMITTEE,
 DEVELOP FOR THEIR RESPECTIVE TRACKS,  TRACK-SPECIFIC  SAFETY  RULES  FOR
 TRAINING  ACTIVITIES  TO BE DOCUMENTED AND COMMUNICATED (IN BOTH ENGLISH
 AND  SPANISH)  TO  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 FUND, WITH THE APPROVAL OF  THE  GAMING  COMMISSION,
 LICENSED  EMPLOYEES OF LICENSED TRAINERS OR OWNERS. WITHOUT LIMITING THE
 GENERALITY OF THE FOREGOING, THE SAFETY RULES SHALL INCLUDE PROPER USAGE
 OF PERSONAL PROTECTIVE EQUIPMENT, REQUIRED  RESPONSE  TO  LOOSE  HORSES,
 PROHIBITION OF CELL PHONE USE WHILE MOUNTED ON A HORSE, GENERAL REQUIRE-
 MENTS  FOR  JOGGING,  GALLOPING,  BREEZING, PONYING A HORSE AND STARTING
 GATE SAFETY PROTOCOLS AND REFRESHER  TRAINING  RELATED  TO  THESE  RULES
 WOULD BE REQUIRED AT THE START OF EACH MEET.
   (D)  PRIOR  TO  THE START OF EACH MEET FOLLOWING THE EFFECTIVE DATE OF
 THIS SUBDIVISION, EACH RACING ASSOCIATION OR CORPORATION SHALL MEET WITH
 TRAINERS OR THEIR REPRESENTATIVES  TO  DISCUSS  AND  ADDRESS  IDENTIFIED
 SAFETY ISSUES.
   (E)  WITHIN  ONE  HUNDRED  EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF
 THIS SUBDIVISION, THE TWO  RACING  ASSOCIATION  OR  CORPORATION  MEMBERS
 SHALL,  IN  CONSULTATION WITH THE OTHER MEMBERS OF THE SAFETY COMMITTEE,
 DEVELOP FOR THEIR RESPECTIVE TRACKS, A TRACK-SPECIFIC WRITTEN DOCUMENTED
 EMERGENCY  RESPONSE  PLAN  ("ERP")  TO  ADDRESS  RESPONSE  PROTOCOLS  TO
 ON-TRACK  ACCIDENTS  AND  INCIDENTS,  WHICH  AT A MINIMUM, SHALL INCLUDE
 DETAILED INFORMATION REGARDING ROLES AND RESPONSIBILITIES  FOR  INDIVID-
 UALS  WHO  ARE  RESPONSIBLE  FOR  TRACK-RELATED ACCIDENTS AND INCIDENTS,
 INCLUDING,   WITHOUT   LIMITATION,    OUTRIDERS,    EMERGENCY    MEDICAL
 TECHNICIANS/PARAMEDICS,  AMBULANCE  DRIVERS,  SECURITY, VETERINARY STAFF
 AND CLOCKERS. WITHIN TWO HUNDRED TEN DAYS FOLLOWING THE  EFFECTIVE  DATE
 OF  THIS  SUBDIVISION,  THE  ERP  SHALL  BE COMMUNICATED TO ALL ON-TRACK
 PERSONNEL AS PART OF THEIR NEW HIRE ORIENTATION AND JOB ASSIGNMENT.
   (F) WITHIN TWO HUNDRED TEN DAYS FOLLOWING THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION,  THE  TWO  RACING  ASSOCIATION OR CORPORATION MEMBERS SHALL
 CONDUCT FOR THEIR RESPECTIVE TRACKS A MOCK EMERGENCY RESPONSE DRILL  FOR
 ON-TRACK  ACCIDENTS  ANNUALLY  PRIOR  TO  THE OPENING OF EACH INDIVIDUAL
 RACETRACK MEET. THE EMERGENCY RESPONSE DRILL SHALL BE  FILMED  AND  USED
 FOR  EDUCATION  AND  TRAINING PURPOSES FOR PERSONNEL, INCLUDING IN THEIR
 NEW HIRE ORIENTATION, AND TO ASSESS THE PERFORMANCE OF  THE  INDIVIDUALS
 INVOLVED IN THE EMERGENCY RESPONSE.
   (G)  WITHIN  ONE  HUNDRED  EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF
 THIS SUBDIVISION, THE TWO  RACING  ASSOCIATION  OR  CORPORATION  MEMBERS
 SHALL,  UPGRADE  THE  CURRENT LEVEL OF EMERGENCY MEDICAL RESPONDERS FROM
 EMERGENCY MEDICAL TECHNICIANS TO PARAMEDICS.

 S. 4286                             4

   14. The fund and the state [racing and wagering board] GAMING  COMMIS-
 SION  shall  have such power as is necessary to implement the provisions
 of this section.
   §  5.  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  PP  of  chapter  60 of the laws of 2016, 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; provided, however, for two thou-
 sand [sixteen] SEVENTEEN the New York Jockey Injury  Compensation  Fund,
 Inc.    may  use  up to two million dollars from the account established
 pursuant to subdivision nine of section two hundred eight of this  arti-
 cle  to pay the annual costs required by this section and the funds from
 such account shall not count  against  the  two  per  centum  of  purses
 deducted  from  an  owner's share of purses. The amount deducted from an
 owner's share of purses shall not exceed  one  per  centum  after  April
 first, two thousand [seventeen] TWENTY.  In the cases of multiple owner-
 ships  and  limited  racing appearances, the fund shall equitably adjust
 the sum required.
   § 6. 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 OR OWNERS" MEANS  ASSIST-
 ANT  TRAINERS,  FOREMAN, WATCHMEN AND STABLE EMPLOYEES, INCLUDING GROOMS
 AND HOT WALKERS.
   § 7. 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 OR OWNERS, 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, 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

 S. 4286                             5
 
 time  of  any occurrence 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 OR OWNER.
   § 8. 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 OR OWNERS, 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 wager-
 ing 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 "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 OR OWNER.
   § 9. 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 OR OWNERS,  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 wager-
 ing  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 Compen-
 sation  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  OR  OWNER.
 For the purpose of this chapter only, whether a livery driver's perform-
 ance 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.
   § 10.  The opening paragraph of section 11  of  the  workers'  compen-
 sation law, as amended by chapter 169 of the laws of 2007, is amended to
 read as follows:

 S. 4286                             6
 
   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  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 OR OWNER licensed under arti-
 cle two or four of the racing, pari-mutuel wagering and breeding law and
 any statutory penalties resulting  from  the  failure  to  provide  such
 coverage.
   §  11. 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 OR OWNER 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 OR, IF APPROVED, A LICENSED
 EMPLOYEE OF A LICENSED TRAINER OR OWNER 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 OR, IF APPROVED, A  LICENSED
 EMPLOYEE  OF A LICENSED TRAINER OR OWNER 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. 4286                             7
 
   §  12.    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  OR  OWNER,  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'  compen-
 sation  law  such  required notice shall be given to the employing owner
 and/or trainer of the fund.
   § 13. 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
 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  OR OWNER, 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 OR OWNER 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 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 OR OWNER, to the  extent  that
 such  jockey, apprentice jockey [or], exercise person OR, IF APPROVED BY
 THE GAMING COMMISSION, A LICENSED EMPLOYEE  OF  A  LICENSED  TRAINER  OR

 S. 4286                             8
 
 OWNER  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.
   § 14. This act shall take effect immediately.