S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10145
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
   read once and referred to the Committee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation to the creation of the jockey health insurance reserve fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 221-a 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:
   1. A franchised corporation shall, as a condition of racing, establish
 a program to administer the purchase of health  insurance  for  eligible
 jockeys.
   (A)  Such  program shall be funded through the deposit of one and one-
 half percent of the gross purse enhancement amount  from  video  lottery
 gaming  at a thoroughbred track pursuant to paragraph two of subdivision
 b and paragraph one of subdivision f of section sixteen  hundred  twelve
 of  the tax law. The franchised corporation shall establish a segregated
 account for the receipt of these monies and these  monies  shall  remain
 separate  from  any other funds. Any corporation or association licensed
 pursuant to this article shall pay into  such  account  any  amount  due
 within  ten  days  of the receipt of revenue pursuant to section sixteen
 hundred twelve of the tax law.  Any  portion  of  such  funding  to  the
 account  unused  during  a  calendar  year, less an amount sufficient to
 cover anticipated premium liabilities over the next sixty days, shall be
 [returned on a pro rata basis in accordance with the amounts  originally
 contributed  and  shall  be  used for the purpose of enhancing purses at
 such tracks] DEPOSITED INTO THE RESERVE  FUND  ESTABLISHED  PURSUANT  TO
 PARAGRAPH  (B) OF THIS SUBDIVISION.  Provided, however, if a corporation
 or association licensed pursuant to this article provides an alternative
 source of funding for this program, an amount equal to this  alternative
 funding,  but  not in excess of the amount originally contributed during
 the year from the gross purse  enhancement  amount  from  video  lottery
 gaming  attributable  to  such  corporation  or  association,  shall  be
 returned to the corporation or association and used for the  purpose  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15452-03-4
 A. 10145                            2
 
 enhancing purses at such track.  Provided, further, any such alternative
 source of funding must be approved by the commission.
   (B)  PROVIDED, HOWEVER, AN ADDITIONAL SEGREGATED ACCOUNT MAY BE ESTAB-
 LISHED WITH SUCH MONIES AS A RESERVE FUND FOR THE  PAYMENT  OF  PREMIUMS
 NOT  YET  PAID. THE AMOUNT PAID INTO SUCH FUND DURING ANY CALENDAR YEAR,
 IF ANY, SHALL BE UPON THE APPROVAL OF THE FRANCHISED CORPORATION AND THE
 JOCKEY'S ORGANIZATION THAT REPRESENTS  AT  LEAST  FIFTY-ONE  PERCENT  OF
 ELIGIBLE  ACTIVE  JOCKEYS.   IF, AFTER THE ESTABLISHMENT OF SUCH FUND, A
 DETERMINATION IS MADE THAT SUCH FUND IS NO  LONGER  NEEDED,  THE  MONIES
 REMAINING  IN SUCH FUND SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORD-
 ANCE WITH THE AMOUNTS ORIGINALLY CONTRIBUTED AND SHALL BE USED  FOR  THE
 PURPOSES OF ENHANCING PURSES AT SUCH TRACKS.
   § 2. This act shall take effect immediately.