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.