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.