Relates to the creation of the New York jockey injury compensation fund inc.

1 Co-sponsor

• Kathleen A. Marchione

Title of bill

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.

Purpose

This bill would grant The New York Jockey Injury Compensation Fund, Inc. the authority to self insure with the approval of the Gaming Commission and to expand the workers they cover to included licensed employees of licensed trainers.

Summary of provisions

Sections 1-2: Amend subdivisions 6 and 7 of section 221 of the Racing, Pari-mutuel Wagering and Breeding Law to provide the New York Jockey Injury Compensation Fund, Inc. the authority to, upon approval of the Gaming Commission, to elect to self insure its workers' compensation obligations. Additionally these sections allow the New York Jockey Injury Compensation Fund, Inc. the authority to, upon approval of the Gaming Commission, expand their coverage to include licensed employees of licensed trainers.

Sections 3-11: Amend various sections of the Workers' Compensation Law to reflect the New York Jockey Injury Compensation Fund, Inc.'s authority to expand their coverage to include licensed employees of licensed trainers.

Section 12: Effective date.

Existing law

At present, The New York Jockey Injury Compensation Fund, Inc. is required to secure workers' compensation insurance coverage for jockeys, apprentice jockeys, and exercise persons, all licensed by the New York State Gaming Commission (formerly the New York State Racing and Wagering Board).

Justification

In July 1990, the Legislature created The New York Jockey Injury Compensation Fund, Inc. to provide workers' compensation insurance for jockeys, apprentice jockeys and exercise persons, all licensed by the New York State Gaming Commission in an efficient manner at low cost. This legislation grants the fund the authority, upon approval from the Gaming Commission, to expand their ability to secure workers' compensation insurance coverage to include licensed employees of licensed trainers. Since 2007, due to significant statutory increases in indemnity payments, the cost to fund of obtaining workers' compensation insurance has almost quadrupled. This bill will grant the fund the option to elect a form of self-insurance to meet its workers' compensation insurance obligations if, in their opinion, self-insuring would enable it to do so at a lower cost than procuring a policy in the market.

Additionally, this bill would give the fund, upon the approval of the Gaming Commission, the option to elect to expand the mandate to secure workers' compensation insurance for licensed employees of licensed trainers. At present, licensed employees of licensed trainers are covered by the workers' compensation policy of their respective trainers which results, for example, in an exercise rider and hot walker who work together for the same trainer at the track being covered by different workers' compensation policies. Therefore, the ability to expand the scope of the fund to secure workers' compensation insurance coverage for licensed employees of licensed trainers could make coverage more efficient. Potentially expanding the number of individuals covered by the fund should also improve their bargaining power when seeking a policy in the commercial market.

Prior legislative history

New bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.