Protect Horsemen’s Health Coverage

Section 1. Subparagraph (iv) of paragraph b of subdivision 1 of section 318 of the racing, pari-mutuel wagering and breeding law, as added by chapter 281 of the laws of 1994, 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 state [racing and wagering board] gaming 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 utilizing 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 [board] 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 281 of the laws of 1994, is amended to read as follows:

(ii) except as otherwise provided in this paragraph an amount equal to six and eight-tenths per centum of the total pool resulting from on-track regular bets, an amount equal to seven and ninety-five one hundredths per centum of the total pool resulting from on-track multiple bets, an amount equal to ten and one-half per centum of the total pool resulting from on-track exotic bets, an amount equal to fifteen and one-half per centum of the total daily pool resulting from on-track super exotic bets shall be used exclusively for purses, of which an amount of not less than ninety per centum shall be used exclusively for purses for overnight races conducted by such association or corporation.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04428-01-7

A. 1821 2

Such amounts may be reduced upon an application approved by the [board] 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 determined by contractual obligations between] in the absence of a contractual agreement between a racing association or corporation and the recognized 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 per centum of the owners and trainers utilizing 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 [board] 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 administering such welfare and medical plans for fiscal years of such corporation or association, on or after July twentyfourth, nineteen hundred eighty-one, shall not be less than the ratio between such amounts actually expended and such costs actually incurred for the fiscal year immediately prior to such date. Such organization shall annually on or before July first certify to the state [racing and wagering board] gaming commission that it represents at least fifty-one per centum 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 per centum of such owners and trainers may file a challenge with the state [racing and wagering board] gaming commission within fifteen days of such original certification. The state [racing and wagering board] gaming 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 state [racing and wagering board] gaming commission shall render a decision on the validity of such claim and advise such organizations and association or corporation of its determination. Upon receipt of such original certification by such organization, the association 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 state [racing and wagering board] gaming commission renders its decision on such challenge; and

§ 3. This act shall take effect immediately.