S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6836
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11130-01-1

 S. 6836                             2
 
 purposes  and  the  association  or  corporation, OR IN THE ABSENCE OF A
 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.