S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3465
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 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
 amended by chapter 243 of the laws  of  2020,  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  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 using  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 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 243 of the laws of 2020, is amended to read as follows:
   (ii) except as otherwise provided in this paragraph an amount equal to
 six  and  eight-tenths percent of the total pool resulting from on-track
 regular bets, an amount equal to seven and  ninety-five  one  hundredths
 percent  of  the  total  pool  resulting from on-track multiple bets, an
 amount equal to ten and one-half percent of  the  total  pool  resulting
 from  on-track  exotic  bets,  an  amount  equal to fifteen and one-half
 percent of the total daily pool resulting  from  on-track  super  exotic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06569-01-1

 A. 3465                             2
 
 bets  shall  be  used  exclusively for purses, of which an amount of not
 less than ninety percent shall be used exclusively for purses for  over-
 night  races  conducted by such association or corporation. Such amounts
 may  be  reduced  upon  an application approved by the commission and an
 agreement between the licensed harness racing corporation 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  deter-
 mined by contractual obligations between] IN THE ABSENCE OF A CONTRACTU-
 AL  AGREEMENT BETWEEN A RACING ASSOCIATION OR CORPORATION AND THE RECOG-
 NIZED HORSEMEN'S ASSOCIATION AT THAT TRACK, THE STATE GAMING  COMMISSION
 SHALL  AS  A  CONDITION  OF  RACING REQUIRE AN ASSOCIATION 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 percent of the owners and trainers using 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  investigation  and
 review  by the commission, is determined to have resulted from a person,
 firm, association, corporation or organization knowingly  aiding  in  or
 permitting eligibility for benefits being conditioned upon membership in
 such  organization  shall  subject  such  organization  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 actually incurred in admin-
 istering such welfare and medical plans for fiscal years of such  corpo-
 ration  or association, on or after July twenty-fourth, nineteen hundred
 eighty-one, shall not be less than the ratio between such amounts  actu-
 ally expended and such costs actually incurred for the fiscal year imme-
 diately  prior  to  such  date.  Such  organization shall annually on or
 before July first certify to the commission that it represents at  least
 fifty-one percent 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 percent of such owners and
 trainers may file a challenge with the commission within fifteen days of
 such original certification. The 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 challenge and based
 upon the findings of such studies and  hearings,  the  commission  shall
 render  a  decision on the validity of such claim and advise such organ-
 izations and association  or  corporation  of  its  determination.  Upon
 receipt of such original certification by such organization, the associ-
 ation  or corporation 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 commission
 renders its decision on such challenge; and
   § 3. This act shall take effect immediately.