S T A T E O F N E W Y O R K
________________________________________________________________________
7248
2021-2022 Regular Sessions
I N A S S E M B L Y
April 29, 2021
___________
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 horsemen's health, welfare, pension and administrative
benefits for harness racing licensees in the absence of contractual
obligations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph a of subdivision 1 of
section 318 of the racing, pari-mutuel wagering and breeding law, as
amended by chapter 243 of the laws of 2020, is amended to read as
follows:
(ii) except as otherwise provided in this paragraph an amount equal to
six and eight-tenths percent of the total pool resulting from on-track
regular bets, an amount equal to seven and ninety-five one hundredths
percent of the total pool resulting from on-track multiple bets, an
amount equal to ten and one-half percent of the total pool resulting
from on-track exotic bets, an amount equal to fifteen and one-half
percent 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 percent shall be used exclusively for purses for over-
night races conducted by such association or corporation. Such amounts
may be reduced upon an application approved by the 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 deter-
mined by contractual obligations between an organization representing at
least fifty-one percent of the owners and trainers using the facilities
of such association or corporation for racing, training or stabling
purposes and the association or corporation, OR IN THE ABSENCE OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11130-01-1
A. 7248 2
CONTRACT BETWEEN THE LICENSED HARNESS RACING CORPORATION OR ASSOCIATION
AND THE REPRESENTATIVE HORSEMEN'S ORGANIZATION, THE STATE GAMING COMMIS-
SION SHALL AS A CONDITION OF RACING REQUIRE AN ASSOCIATION OR CORPO-
RATION TO WITHHOLD EIGHT PERCENT OF ALL PURSES AND TO PAY SUCH SUM TO
THE HORSEMEN'S ORGANIZATION QUARTERLY WHICH shall be used for the admin-
istrative 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
commission, is determined to have resulted from a person, firm, associ-
ation, 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 administer-
ing such welfare and medical plans for fiscal years of such corporation
or association, on or after July twenty-fourth, nineteen hundred eight-
y-one, shall not be less than the ratio between such amounts actually
expended and such costs actually incurred for the fiscal year immediate-
ly prior to such date. Such organization shall annually on or before
July first certify to the commission that it represents at least fifty-
one percent 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 percent of such owners and
trainers may file a challenge with the commission within fifteen days of
such original certification. The 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 commission shall
render a decision on the validity of such claim and advise such organ-
izations and association or corporation of its determination. Upon
receipt of such original certification by such organization, the associ-
ation 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 commission
renders its decision on such challenge; and
§ 2. This act shall take effect immediately.