Assembly Bill A5765

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5765--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
   relation to health insurance  for  New  York  trainers  at  franchised
   corporation race tracks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
 amended by adding a new section 221-b to read as follows:
   §  221-B.  HEALTH  INSURANCE FOR TRAINERS. 1. A FRANCHISED CORPORATION
 SHALL, AS A CONDITION OF RACING, ESTABLISH A PROGRAM TO  ADMINISTER  THE
 PURCHASE  OF  HEALTH INSURANCE FOR ELIGIBLE TRAINERS. SUCH PROGRAM SHALL
 BE FUNDED THROUGH THE DEPOSIT OF UP TO THREE PERCENT OF THE GROSS  PURSE
 ENHANCEMENT  AMOUNT  FROM  VIDEO  LOTTERY GAMING AT A THOROUGHBRED TRACK
 PURSUANT TO PARAGRAPH TWO OF SUBDIVISION B AND PARAGRAPH ONE OF SUBDIVI-
 SION F OF SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW. THE  FRANCHISED
 CORPORATION SHALL ESTABLISH A SEGREGATED ACCOUNT FOR THE RECEIPT OF SUCH
 MONIES  AND  SUCH MONIES SHALL REMAIN SEPARATE FROM ANY OTHER FUNDS. THE
 FRANCHISED CORPORATION LICENSED PURSUANT TO THIS ARTICLE SHALL PAY  INTO
 SUCH  ACCOUNT  ANY  AMOUNT DUE WITHIN TEN DAYS OF THE RECEIPT OF REVENUE
 PURSUANT TO SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW.  ANY  PORTION
 OF  SUCH  FUNDING  TO THE ACCOUNT UNUSED DURING A CALENDAR YEAR, LESS AN
 AMOUNT SUFFICIENT TO COVER ANTICIPATED PREMIUM LIABILITIES OVER THE NEXT
 SIXTY DAYS, SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORDANCE WITH THE
 AMOUNTS ORIGINALLY CONTRIBUTED AND SHALL BE  USED  FOR  THE  PURPOSE  OF
 ENHANCING  PURSES  AT  SUCH TRACKS. PROVIDED, HOWEVER, IF THE FRANCHISED
 CORPORATION LICENSED PURSUANT TO THIS ARTICLE  PROVIDES  AN  ALTERNATIVE
 SOURCE  OF FUNDING FOR SUCH PROGRAM, AN AMOUNT EQUAL TO THIS ALTERNATIVE
 FUNDING, BUT NOT IN EXCESS OF THE AMOUNT ORIGINALLY  CONTRIBUTED  DURING
 THE  YEAR  FROM  THE  GROSS  PURSE ENHANCEMENT AMOUNT FROM VIDEO LOTTERY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09001-03-1

 A. 5765--A                          2
 
 GAMING ATTRIBUTABLE TO THE FRANCHISED CORPORATION, SHALL BE RETURNED  TO
 THE  FRANCHISED CORPORATION AND USED FOR THE PURPOSE OF ENHANCING PURSES
 AT SUCH TRACK. PROVIDED, FURTHER, ANY SUCH ALTERNATIVE SOURCE OF FUNDING
 SHALL BE APPROVED BY THE GAMING COMMISSION.
   2.  THE FRANCHISED CORPORATION SHALL ENTER INTO A MEMORANDUM OF UNDER-
 STANDING WITH THE HORSEMEN'S ORGANIZATION REPRESENTING AT  LEAST  FIFTY-
 ONE  PERCENT OF THE OWNERS AND TRAINERS UTILIZING THE FACILITIES OF SUCH
 FRANCHISED CORPORATION FOR A PLAN OF OPERATION OF THE PROGRAM,  PROVIDED
 THAT  SUCH  MEMORANDUM  OF UNDERSTANDING SHALL BE APPROVED BY THE GAMING
 COMMISSION UPON A DETERMINATION THAT SUCH  MEMORANDUM  OF  UNDERSTANDING
 MEETS  THE  STATUTORY  REQUIREMENTS  OF  THIS SECTION AND IS IN THE BEST
 INTEREST OF RACING AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING CONDITIONS:
   A. HEALTH INSURANCE POLICIES SHALL BE PURCHASED ON AN AMERICAN  HEALTH
 BENEFIT  EXCHANGE  ESTABLISHED  PURSUANT  TO 42 U.S.C. § 18031(B) BY THE
 INSURED;
   B. HEALTH INSURANCE  POLICIES  ELIGIBLE  TO  BE  PURCHASED  UNDER  THE
 PROGRAM SHALL BE ANY POLICY THAT IS SILVER LEVEL OF COVERAGE OR LOWER AS
 DEFINED  BY  42  U.S.C.  §  18022(D). PROVIDED, HOWEVER, THE INSURED MAY
 ELECT TO PURCHASE A GOLD LEVEL OR PLATINUM LEVEL OF COVERAGE AS  DEFINED
 BY  42  U.S.C. § 18022(D) IF THE INSURED PAYS THE DIFFERENCE IN PREMIUMS
 BETWEEN SUCH POLICY AND THE PREMIUM FOR THE SILVER LEVEL POLICY  OFFERED
 BY THE SAME INSURER. SUCH PAYMENTS SHALL BE PAID INTO THE ACCOUNT ESTAB-
 LISHED  IN  SUBDIVISION ONE OF THIS SECTION AND SHALL BE GOVERNED BY THE
 TERMS OF THE MEMORANDUM OF UNDERSTANDING REQUIRED BY THIS SECTION;
   C. NOTWITHSTANDING THE CONDITIONS SET FORTH IN PARAGRAPHS A AND  B  OF
 THIS  SUBDIVISION,  A  MEMORANDUM  OF  UNDERSTANDING WITH THE HORSEMEN'S
 ORGANIZATION REPRESENTING AT LEAST FIFTY-ONE PERCENT OF THE  OWNERS  AND
 TRAINERS  UTILIZING THE FACILITIES OF SUCH FRANCHISED CORPORATION MAY BE
 APPROVED BY THE COMMISSION UPON A DETERMINATION THAT SUCH MEMORANDUM  OF
 UNDERSTANDING  IS  IN THE BEST INTEREST OF RACING THAT CREATES A TRAINER
 HEALTH TRUST TO BE ADMINISTERED BY THE FRANCHISED  CORPORATION  FOR  THE
 PURPOSE  OF  OBTAINING  TRAINERS HEALTH BENEFITS FROM A HEALTH INSURANCE
 PROVIDER THAT COVERS TRAINERS AND THEIR DEPENDENTS WITH A HEALTH  INSUR-
 ANCE POLICY THAT IS NOT PURCHASED ON AN AMERICAN HEALTH BENEFIT EXCHANGE
 ESTABLISHED  PURSUANT  TO  42  U.S.C. § 18031(B) BUT DOES PROVIDE SILVER
 LEVEL COVERAGE OR LOWER AS DEFINED BY 42 U.S.C. § 18022(D);
   D. THE PAYMENT OF PREMIUMS PURSUANT TO THIS SECTION SHALL BE  MADE  ON
 BEHALF  OF ELIGIBLE TRAINERS PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION
 BY THE FRANCHISED CORPORATION FROM MONIES IN THE ACCOUNT ESTABLISHED  IN
 SUBDIVISION  ONE  OF  THIS  SECTION DIRECTLY TO THE HEALTH PLAN SELECTED
 PURSUANT TO PARAGRAPH B OR C OF THIS SUBDIVISION;
   E. TO BE ELIGIBLE TO RECEIVE HEALTH INSURANCE THROUGH THIS PROGRAM, AN
 INDIVIDUAL SHALL HAVE STARTED AT LEAST FORTY-THREE  RACES  CONDUCTED  BY
 THE  FRANCHISED  CORPORATION DURING THE PRIOR CALENDAR YEAR AND AT LEAST
 SIXTY PERCENT OF THE TRAINERS' TOTAL AMOUNT OF STARTS  OCCURRED  AT  THE
 FRANCHISED CORPORATION DURING THE PRIOR CALENDAR YEAR; AND
   F. THE GAMING COMMISSION SHALL HAVE THE FOLLOWING POWERS:
   (I) TO RULE ON ELIGIBILITY IN THE EVENT OF A DENIAL OF COVERAGE PURSU-
 ANT  TO  PARAGRAPH  E  OF  THIS SUBDIVISION. IN THE EVENT OF A DENIAL OF
 COVERAGE, SUCH INDIVIDUAL TRAINER THAT WAS DENIED ELIGIBILITY MAY APPEAL
 TO THE GAMING COMMISSION;
   (II) TO MAKE A DETERMINATION IF AN  INDIVIDUAL  WOULD  HAVE  QUALIFIED
 PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION; AND
   (III) TO AUDIT THE BOOKS AND RECORDS OF THE PROGRAM.

 A. 5765--A                          3
 
   §  2.  This act shall take effect immediately, provided, however, that
 payment of premiums pursuant to this act shall begin no  later  than  60
 days  following the approval by the gaming commission of a memorandum of
 understanding establishing a plan of operation as  required  by  section
 221-a of the racing, pari-mutuel wagering and breeding law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5765--B
                                                         Cal. No. 175
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. WALSH
   -- read once and referred to the Committee on Racing and  Wagering  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- advanced to a third  reading,  passed
   by  Assembly  and  delivered  to the Senate, recalled from the Senate,
   vote reconsidered, bill  amended,  ordered  reprinted,  retaining  its
   place on the order of third reading
 
 AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
   relation to health insurance  for  New  York  trainers  at  franchised
   corporation race tracks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
 amended by adding a new section 221-b to read as follows:
   §  221-B.  HEALTH  INSURANCE FOR TRAINERS. 1. A FRANCHISED CORPORATION
 SHALL, AS A CONDITION OF RACING, ESTABLISH A PROGRAM TO  ADMINISTER  THE
 PURCHASE  OF  HEALTH INSURANCE FOR ELIGIBLE TRAINERS. SUCH PROGRAM SHALL
 BE FUNDED THROUGH THE DEPOSIT OF UP TO THREE PERCENT OF THE GROSS  PURSE
 ENHANCEMENT  AMOUNT  FROM  VIDEO  LOTTERY GAMING AT A THOROUGHBRED TRACK
 PURSUANT TO PARAGRAPH TWO OF SUBDIVISION B AND PARAGRAPH ONE OF SUBDIVI-
 SION F OF SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW. THE  FRANCHISED
 CORPORATION SHALL ESTABLISH A SEGREGATED ACCOUNT FOR THE RECEIPT OF SUCH
 MONIES  AND  SUCH MONIES SHALL REMAIN SEPARATE FROM ANY OTHER FUNDS. THE
 FRANCHISED CORPORATION LICENSED PURSUANT TO THIS ARTICLE SHALL PAY  INTO
 SUCH  ACCOUNT  ANY  AMOUNT DUE WITHIN TEN DAYS OF THE RECEIPT OF REVENUE
 PURSUANT TO SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW.  ANY  PORTION
 OF  SUCH  FUNDING  TO THE ACCOUNT UNUSED DURING A CALENDAR YEAR, LESS AN
 AMOUNT SUFFICIENT TO COVER ANTICIPATED PREMIUM LIABILITIES OVER THE NEXT
 SIXTY DAYS, SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORDANCE WITH THE
 AMOUNTS ORIGINALLY CONTRIBUTED AND SHALL BE  USED  FOR  THE  PURPOSE  OF
 ENHANCING  PURSES  AT  SUCH TRACKS. PROVIDED, HOWEVER, IF THE FRANCHISED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09001-04-1

 A. 5765--B                          2
 
 CORPORATION LICENSED PURSUANT TO THIS ARTICLE  PROVIDES  AN  ALTERNATIVE
 SOURCE  OF FUNDING FOR SUCH PROGRAM, AN AMOUNT EQUAL TO THIS ALTERNATIVE
 FUNDING, BUT NOT IN EXCESS OF THE AMOUNT ORIGINALLY  CONTRIBUTED  DURING
 THE  YEAR  FROM  THE  GROSS  PURSE ENHANCEMENT AMOUNT FROM VIDEO LOTTERY
 GAMING ATTRIBUTABLE TO THE FRANCHISED CORPORATION, SHALL BE RETURNED  TO
 THE  FRANCHISED CORPORATION AND USED FOR THE PURPOSE OF ENHANCING PURSES
 AT SUCH TRACK. PROVIDED, FURTHER, ANY SUCH ALTERNATIVE SOURCE OF FUNDING
 SHALL BE APPROVED BY THE GAMING COMMISSION.
   2. THE FRANCHISED CORPORATION SHALL ENTER INTO A MEMORANDUM OF  UNDER-
 STANDING  WITH  THE HORSEMEN'S ORGANIZATION REPRESENTING AT LEAST FIFTY-
 ONE PERCENT OF THE OWNERS AND TRAINERS UTILIZING THE FACILITIES OF  SUCH
 FRANCHISED  CORPORATION FOR A PLAN OF OPERATION OF THE PROGRAM, PROVIDED
 THAT SUCH MEMORANDUM OF UNDERSTANDING SHALL BE APPROVED  BY  THE  GAMING
 COMMISSION  UPON  A  DETERMINATION THAT SUCH MEMORANDUM OF UNDERSTANDING
 MEETS THE STATUTORY REQUIREMENTS OF THIS SECTION  AND  IS  IN  THE  BEST
 INTEREST OF RACING AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING CONDITIONS:
   A.  HEALTH INSURANCE POLICIES SHALL BE PURCHASED ON AN AMERICAN HEALTH
 BENEFIT EXCHANGE ESTABLISHED PURSUANT TO 42 U.S.C.  §  18031(B)  BY  THE
 INSURED;
   B.  HEALTH  INSURANCE  POLICIES  ELIGIBLE  TO  BE  PURCHASED UNDER THE
 PROGRAM SHALL BE ANY POLICY THAT IS SILVER LEVEL OF COVERAGE OR LOWER AS
 DEFINED BY 42 U.S.C. § 18022(D).  PROVIDED,  HOWEVER,  THE  INSURED  MAY
 ELECT  TO PURCHASE A GOLD LEVEL OR PLATINUM LEVEL OF COVERAGE AS DEFINED
 BY 42 U.S.C. § 18022(D) IF THE INSURED PAYS THE DIFFERENCE  IN  PREMIUMS
 BETWEEN  SUCH POLICY AND THE PREMIUM FOR THE SILVER LEVEL POLICY OFFERED
 BY THE SAME INSURER. SUCH PAYMENTS SHALL BE PAID INTO THE ACCOUNT ESTAB-
 LISHED IN SUBDIVISION ONE OF THIS SECTION AND SHALL BE GOVERNED  BY  THE
 TERMS OF THE MEMORANDUM OF UNDERSTANDING REQUIRED BY THIS SECTION;
   C.  NOTWITHSTANDING  THE CONDITIONS SET FORTH IN PARAGRAPHS A AND B OF
 THIS SUBDIVISION, A MEMORANDUM  OF  UNDERSTANDING  WITH  THE  HORSEMEN'S
 ORGANIZATION  REPRESENTING  AT LEAST FIFTY-ONE PERCENT OF THE OWNERS AND
 TRAINERS UTILIZING THE FACILITIES OF SUCH FRANCHISED CORPORATION MAY  BE
 APPROVED  BY THE COMMISSION UPON A DETERMINATION THAT SUCH MEMORANDUM OF
 UNDERSTANDING IS IN THE BEST INTEREST OF RACING THAT CREATES  A  TRAINER
 HEALTH  TRUST  TO  BE ADMINISTERED BY THE FRANCHISED CORPORATION FOR THE
 PURPOSE OF OBTAINING TRAINERS HEALTH BENEFITS FROM  A  HEALTH  INSURANCE
 PROVIDER  THAT COVERS TRAINERS AND THEIR DEPENDENTS WITH A HEALTH INSUR-
 ANCE POLICY THAT IS NOT PURCHASED ON AN AMERICAN HEALTH BENEFIT EXCHANGE
 ESTABLISHED PURSUANT TO 42 U.S.C. § 18031(B)  BUT  DOES  PROVIDE  SILVER
 LEVEL COVERAGE OR LOWER AS DEFINED BY 42 U.S.C. § 18022(D);
   D.  THE  PAYMENT OF PREMIUMS PURSUANT TO THIS SECTION SHALL BE MADE ON
 BEHALF OF ELIGIBLE TRAINERS PURSUANT TO PARAGRAPH E OF THIS  SUBDIVISION
 BY  THE FRANCHISED CORPORATION FROM MONIES IN THE ACCOUNT ESTABLISHED IN
 SUBDIVISION ONE OF THIS SECTION DIRECTLY TO  THE  HEALTH  PLAN  SELECTED
 PURSUANT TO PARAGRAPH B OR C OF THIS SUBDIVISION;
   E. TO BE ELIGIBLE TO RECEIVE HEALTH INSURANCE THROUGH THIS PROGRAM, AN
 INDIVIDUAL  SHALL  HAVE  STARTED AT LEAST FORTY-THREE RACES CONDUCTED BY
 THE FRANCHISED CORPORATION DURING THE PRIOR CALENDAR YEAR AND  AT  LEAST
 SIXTY  PERCENT  OF  THE TRAINER'S TOTAL AMOUNT OF STARTS OCCURRED AT THE
 FRANCHISED CORPORATION DURING THE PRIOR CALENDAR YEAR; AND
   F. THE GAMING COMMISSION SHALL HAVE THE FOLLOWING POWERS:
   (I) TO RULE ON ELIGIBILITY IN THE EVENT OF A DENIAL OF COVERAGE PURSU-
 ANT TO PARAGRAPH E OF THIS SUBDIVISION. IN THE  EVENT  OF  A  DENIAL  OF
 COVERAGE, SUCH INDIVIDUAL TRAINER THAT WAS DENIED ELIGIBILITY MAY APPEAL
 TO THE GAMING COMMISSION;

 A. 5765--B                          3
 
   (II)  TO  MAKE  A  DETERMINATION IF AN INDIVIDUAL WOULD HAVE QUALIFIED
 PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION; AND
   (III) TO AUDIT THE BOOKS AND RECORDS OF THE PROGRAM.
   §  2.  This act shall take effect immediately, provided, however, that
 payment of premiums pursuant to this act shall begin no  later  than  60
 days  following the approval by the gaming commission of a memorandum of
 understanding establishing a plan of operation as  required  by  section
 221-b of the racing, pari-mutuel wagering and breeding law.