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SECTION 221
New York Jockey Injury Compensation Fund, Inc
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 2
§ 221. New York Jockey Injury Compensation Fund, Inc. 1. There is
created a not-for-profit corporation to be known as The New York Jockey
Injury Compensation Fund, Inc. and referred to in this section as "the
fund". To the extent that the provisions of the not-for-profit
corporation law do not conflict with the provisions of this article, or
the plan of operation of the fund hereunder, the not-for-profit
corporation law shall apply to the fund and the fund shall be a type C
corporation pursuant to the not-for-profit corporation law. If an
applicable provision of this article or the plan of operation of the
fund hereunder relates to a matter embraced in a provision of the
not-for-profit corporation law but is not in conflict therewith, both
provisions shall apply. The fund shall perform its functions under the
plan of operation established and approved under this section and shall
exercise its powers through a board of directors established under this
section.

2. a. The board of directors shall consist of seven members, six of
whom are to be selected from the general membership of the fund in a
manner and for terms to be prescribed by the initial fund board. For the
purposes of establishing and organizing the fund, at least one hundred
fifty days prior to the date that this article shall take effect, the
boards of directors of the horsemen's organizations representing at
least fifty-one percent of the horsemen utilizing the facilities of any
racing corporation, shall designate six members who shall serve as the
initial board of directors of the fund. The seventh member shall be
elected every two years on the second Tuesday of June, or as designated
by the fund, pursuant to paragraph b of this subdivision by a vote of
jockeys and apprentice jockeys duly licensed pursuant to this article or
article four of this chapter. The members of the board shall elect
annually from the members a chairperson and a vice-chairperson who shall
act as chairperson in the absence of the chairperson. Each member of the
board of directors shall have equal voting rights with the others.

b. (i) The election of the seventh board member shall be conducted by
an election administrator selected by the fund no later than November
fifteenth of the year preceding the election. The fund shall inform the
commission of its selection thereof. The fund shall enter into a
contract with the election administrator at least one hundred twenty
days prior to the date of the election. The fund shall be responsible
for costs associated with the contract with the election administrator.

(ii) The election administrator may be the individual, organization,
or corporation under contract with the fund to provide management
services as of November fifteenth of the year preceding the election.
The election administrator shall devise and provide nominating petitions
to candidates, shall validate such petitions upon submittal by verifying
the eligibility of the jockeys and apprentice jockeys to sign such
petitions, and shall be responsible for the printing, dissemination,
validation, and tabulation of ballots for such election. The commission
shall provide a list of all duly licensed jockeys and apprentice jockeys
to the fund for purposes of validating nominating petitions and ballots.
The election administrator shall report the results of the election to
the commission, which shall then certify the election of the seventh
board member.

(iii) Any individual seeking election pursuant to this subdivision
shall provide a nominating petition containing the signatures of no
fewer than ten duly licensed jockeys or apprentice jockeys eligible to
sign such petition. To be eligible to sign such petition, a jockey or
apprentice jockey shall possess a valid jockey's license as of March
first in the year of the election. Such petitions may be signed by
eligible jockeys or apprentice jockeys beginning April first of an
election year and shall be returned to the election administrator for
validation no later than the first Monday of May of an election year. If
a jockey's license expires between March second and the first Monday of
May and has not been renewed by the latter date, the election
administrator shall invalidate such jockey's signature on the nominating
petition so submitted.

(iv) To be eligible to vote in the election, jockeys and apprentice
jockeys must possess a valid jockey's license at least thirty days prior
to the date of the election. If such jockey's license expires during the
thirty days preceding the election and such license has not been renewed
as of the date of the election, such jockey shall not be eligible to
vote.

(v) If, following an election of the seventh board member, such member
is unable to discharge his or her duties as a board member or is
otherwise unable to complete his or her term, the fund's chairperson
shall offer the seventh board member's position to the candidate who
received the highest total number of votes following that received by
the elected board member during the election. If such candidate declines
to accept such position, the chairperson shall offer the position to
each remaining candidate in descending order of the total number of
votes received by each such candidate during the election until a
candidate has accepted the position. If none of the remaining candidates
has accepted the position, the chairperson may appoint an interim member
to the position for such time as intervenes until a new seventh board
member is elected.

3. Members of the board of directors shall serve without compensation
for their services, but shall be entitled to reimbursement for actual
and necessary expenses incurred in the performance of their official
duties.

4. Members of the board of directors, except as otherwise provided by
law, may engage in private employment, or in a profession or business.

5. The affirmative vote of four members of the board of directors
shall be necessary for the transaction of any business or the exercise
of any power or function of the fund. The fund may delegate to one or
more of its members, or its officers, agents or employees, such powers
and duties as it may deem proper.

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 commission, to
secure workers' compensation insurance for employees of licensed
trainers or owners. In the event the fund elects, with the approval of
the commission, to secure workers' compensation insurance for employees
of licensed trainers or owners, the fund may discontinue to secure
workers' compensation insurance for employees of licensed trainers or
owners only upon prior approval of the commission.

(b) The fund may elect, with the approval of the commission, to secure
workers' compensation insurance coverage through a form of
self-insurance, provided that the fund has met the requirements of the
workers' compensation board, including, without limitation, subdivision
three of section fifty of the workers' compensation law.

7. 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
fourteen-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 that 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
interests of racing. In no event shall the amount deducted from an
owner's share of purses exceed two percent; provided, however, for two
thousand twenty and two thousand twenty-one 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 article to pay the annual costs required by this section
and the funds from such account shall not count against the two percent
of purses deducted from an owner's share of purses. The amount deducted
from an owner's share of purses shall not exceed one percent after April
first, two thousand twenty-four. In the cases of multiple ownerships and
limited racing appearances, the fund shall equitably adjust the sum
required.

The commission shall, as a condition of racing, require any racing
corporation or any quarterhorse racing association or corporation
authorized under this chapter to conduct pari-mutuel betting at a race
meeting or races run thereat, to require that each trainer using the
facilities of such association or corporation and each owner racing a
horse shall place or have placed on deposit with the horsemen's
bookkeeper of such racing association or corporation, an amount to be
established and paid in a manner to be determined by the fund.

Should the fund determine that the amount that has been collected in
the manner prescribed is inadequate to pay the annual costs required by
this section, it shall notify the commission of the deficiency and the
amount of the additional sum or sums necessary to be paid by each owner
and/or trainer in order to cover such deficiency. The commission shall,
as an additional condition of racing, direct any racing corporation or
any quarterhorse racing association or corporation authorized under this
chapter to conduct pari-mutuel betting at a race meeting or races run
thereat, to require each trainer and owner to place such additional sum
or sums on deposit with the respective horsemen's bookkeeper.

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 commission, to secure workers'
compensation insurance for 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
by the commission, employees of licensed trainers or owners required by
this section and the workers' compensation law.

In the event the fund elects, with the approval of the commission, to
secure workers' compensation insurance for employees of licensed
trainers or owners, 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.

8. a. The fund shall submit to the commission a plan of operation and
any amendments thereto necessary or suitable to assure the fair,
reasonable and equitable administration of the fund. Such amendments, if
any, relating to the assessment of the costs of insurance for the
subsequent year, other than deficiency assessments, shall be submitted
to the commission no later than November fifteenth of each year. The
plan of operation and any amendments thereto shall become effective upon
approval in writing by the commission, and shall be published by the
fund upon such approval in one or more trade publications likely to be
obtained by owners and trainers.

b. If the fund fails to submit a suitable plan of operation within one
hundred eighty days following the effective date of this section or if
at any time thereafter the fund fails to submit suitable amendments to
the plan, the commission shall, after notice and hearing, adopt and
promulgate such reasonable rules as are necessary or advisable to
effectuate the provisions of this article. Such rules shall continue in
force until modified by the commission or superseded by a plan submitted
by the fund and approved by the commission.

c. The plan of operation shall constitute the by-laws of the fund and
shall, in addition to requirements enumerated elsewhere in this article:

(i) establish procedures for handling the assets of the fund;

(ii) establish regular places and times for meetings of the board of
directors;

(iii) establish procedures for records to be kept of all financial
transactions of the fund, its agents and the board of directors;

(iv) establish a formula for determining the appropriate amount of the
assessments under this section;

(v) establish the rules and procedures to govern the conduct of an
election held pursuant to paragraph b of subdivision two of this
section; and

(vi) contain such additional provisions as the commission or fund may
deem necessary or proper for the execution of the powers and duties of
the fund.

9. The fund shall be subject to examination and regulation by the
commission. The fund shall submit to the commission not later than May
first of each year, a financial report for the preceding calendar year
in a form approved by the commission and a report of its activities
during the preceding calendar year.

10. The fund shall be exempt from payment of all fees and all taxes
levied by this state or any of its subdivisions, except taxes levied on
real property.

11. The fund shall purchase such insurance as necessary to protect any
director, officer, agent or other representative from liability.

12. For purposes of this section, the term "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 created a racing safety committee to review the risk
management report submitted to the commission by the fund on or about
September thirtieth, two thousand sixteen and to make non-binding
recommendations for the implementation of the safety proposals and
initiatives set forth in such report. Such committee shall consist of
seven members, each to serve a term of three years, with one member each
appointed by:

(i) the fund;

(ii) the commission;

(iii) the franchised corporation;

(iv) the racing association or corporation licensed pursuant to this
article or article four of this chapter to operate the racing and
training facilities at Finger Lakes racetrack;

(v) the horsemen's organization representing at least fifty-one
percent of the owners and trainers using the facilities of the
franchised corporation;

(vi) the horsemen's organization representing at least fifty-one
percent of the owners and trainers using the facilities of the Finger
Lakes racetrack; and

(vii) the Jockeys' Guild.

The member of the racing safety committee appointed by the fund shall
serve as chairperson and the member of the racing safety committee
appointed by the commission shall serve as vice-chairperson. Members of
the racing safety committee shall have equal voting rights.

b. The racing safety committee shall meet within ninety days following
the effective date of this subdivision to review and discuss the
implementation of the recommendations contained in the risk management
report submitted to the commission by the fund on or about September
thirtieth, two thousand sixteen. The racing safety committee shall meet
on or after July first, two thousand seventeen, and at least annually
thereafter, 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. The members appointed pursuant to subparagraph (iii) and (iv) of
paragraph a of this subdivision, in consultation with the other members
of the racing safety committee, shall:

(i) Within one hundred eighty days following the effective date of
this subdivision, for each track, develop 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 commission, employees of
licensed trainers or owners. Such safety rules shall include, but not be
limited to, proper usage of personal protective equipment, required
response to loose horses, prohibition of cell phone use while mounted on
a horse, general requirements for jogging, galloping, breezing, ponying
a horse, and starting gate safety protocols. Refresher training related
to such safety rules shall be required at the start of each meet.

(ii) Prior to the start of each meet, following the effective date of
this subdivision, meet with trainers or their representatives to discuss
and address identified safety issues.

(iii) Within one hundred eighty days following the effective date of
this subdivision, for each track, develop a written, documented
emergency response plan to address response protocols to on-track
accidents and incidents, which, at a minimum, shall include detailed
information regarding roles and responsibilities for individuals who are
responsible for track-related accidents and incidents, including, but
not limited to, outriders, emergency medical technicians/paramedics,
ambulance drivers, security, and veterinary staff and clockers.

(iv) Within two hundred ten days following the effective date of this
subdivision, communicate the emergency response plan to all on-track
personnel as part of new hire orientation and job assignment.

(v) Within two hundred ten days following the effective date of this
subdivision, and at least once annually thereafter, for each track,
conduct a mock emergency response drill for on-track accidents prior to
the opening of each race meet. Such emergency response drill shall be
filmed and used for education and training purposes for personnel,
including in new hire orientation, and to assess the performance of
individuals involved in the emergency response.

(vi) Within one hundred eighty days following the effective date of
this subdivision, upgrade the current level of emergency medical
responders from emergency medical technicians to paramedics.

14. The fund and the commission shall have such power as is necessary
to implement the provisions of this section.