Bill Text: NY A09894 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows funds held in trust by a franchised corporation for a recognized horsemen's organization to be used as collateral to secure workers' compensation insurance coverage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-05 - print number 9894a [A09894 Detail]

Download: New_York-2017-A09894-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9894
                   IN ASSEMBLY
                                    February 20, 2018
                                       ___________
        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  allowing  the  New York Jockey Injury Compensation Fund,
          Inc. to use as collateral up to ten per centum of the fund for certain
          letters of credit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision   6 of section 221 of the racing, pari-mutuel
     2  wagering and breeding law, as amended by section 1 of part SS of chapter
     3  59 of the laws of 2017, is amended to read as follows:
     4    6. (a) The fund shall secure workers' compensation insurance  coverage
     5  on  a  blanket  basis for the benefit of all jockeys, apprentice jockeys
     6  and exercise persons licensed pursuant to this article or  article  four
     7  of  this  chapter  who  are  employees under section two of the workers'
     8  compensation law, and may elect, with the approval of the gaming commis-
     9  sion,  to  secure  workers'  compensation  insurance  for  employees  of
    10  licensed  trainers  or  owners.  In  the event the fund elects, with the
    11  approval of the  gaming  commission,  to  secure  workers'  compensation
    12  insurance  for  employees  of  licensed trainers or owners, the fund may
    13  discontinue to secure workers' compensation insurance for  employees  of
    14  licensed  trainers  or  owners  only  upon  prior approval of the gaming
    15  commission.
    16    (b) The fund may elect, with the approval of the gaming commission, to
    17  secure workers' compensation insurance coverage through a form of  self-
    18  insurance,  provided that the fund has met the requirements of the work-
    19  ers' compensation  board,  including,  without  limitation,  subdivision
    20  three  of  section  fifty  of  the  workers'  compensation law, provided
    21  further that the fund may pledge as collateral up to ten per centum from
    22  the account established pursuant to  subdivision  nine  of  section  two
    23  hundred eight of this article to obtain a letter of credit to be used to
    24  secure  workers' compensation insurance coverage through a form of self-
    25  insurance.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14725-01-8
        A. 9894                             2
     1    § 2. The opening paragraph of subdivision 7  of  section  221  of  the
     2  racing,  pari-mutuel  wagering and breeding law, as amended by section 2
     3  of part SS of chapter 59 of the laws of 2017,  is  amended  to  read  as
     4  follows:
     5    In  order  to  pay the costs of the insurance required by this section
     6  and by the workers' compensation law and to carry out its  other  powers
     7  and  duties  and  to  pay for any of its liabilities under section four-
     8  teen-a of the workers' compensation law,  the  New  York  Jockey  Injury
     9  Compensation  Fund, Inc. shall ascertain the total funding necessary and
    10  establish the sums that are to  be  paid  by  all  owners  and  trainers
    11  licensed  or required to be licensed under section two hundred twenty of
    12  this article, to obtain the total funding amount required  annually.  In
    13  order to provide that any sum required to be paid by an owner or trainer
    14  is  equitable,  the fund shall establish payment schedules which reflect
    15  such  factors  as  are  appropriate,  including  where  applicable,  the
    16  geographic  location  of  the  racing  corporation at which the owner or
    17  trainer participates, the duration of such participation, the amount  of
    18  any purse earnings, the number of horses involved, or such other factors
    19  as the fund shall determine to be fair, equitable and in the best inter-
    20  ests  of  racing.  In no event shall the amount deducted from an owner's
    21  share of purses exceed two per centum; provided, however, for two  thou-
    22  sand  [seventeen] eighteen the New York Jockey Injury Compensation Fund,
    23  Inc. may use up to two million  dollars  from  the  account  established
    24  pursuant  to subdivision nine of section two hundred eight of this arti-
    25  cle to pay the annual costs required by this section and the funds  from
    26  such  account  shall  not  count  against  the  two per centum of purses
    27  deducted from an owner's share of purses. The amount  deducted  from  an
    28  owner's  share  of  purses  shall  not exceed one per centum after April
    29  first, two thousand twenty. In the  cases  of  multiple  ownerships  and
    30  limited  racing  appearances,  the  fund  shall equitably adjust the sum
    31  required.
    32    § 3. Paragraph (a) of subdivision 9 of  section  208  of  the  racing,
    33  pari-mutuel  wagering  and breeding law, as amended by section 2 of part
    34  PP of chapter 60 of the laws of 2016, is amended to read as follows:
    35    (a) The franchised corporation shall maintain a separate  account  for
    36  all  funds  held  on  deposit in trust by the corporation for individual
    37  horsemen's accounts. Purse funds shall be paid  by  the  corporation  as
    38  required to meet its purse payment obligations. Funds held in horsemen's
    39  accounts  shall only be released or applied as requested and directed by
    40  the individual horseman. For two thousand  [sixteen]  eighteen  the  New
    41  York  Jockey  Injury  Compensation  Fund, Inc. may use up to two million
    42  dollars from the account established pursuant to this subdivision to pay
    43  the annual costs required by section  two  hundred  twenty-one  of  this
    44  article.
    45    § 4. This act shall take effect immediately.