S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3475--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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.
                                                            LBD04614-02-3
              

 A. 3475--A                          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 AND PAY EIGHT PERCENT  OF  ALL  UNPAID  AND  EXISTING
 MONIES  AND  TO  PAY  SUCH  SUM TO THE HORSEMEN'S ORGANIZATION QUARTERLY
 WHICH shall be used for the administrative purposes of said organization
 and for such welfare and medical  plans  for  regularly  employed  back-
 stretch  employees principally employed at the facilities of such corpo-
 ration or association as provided by said organization, provided, howev-
 er, that eligibility for benefits in such plans shall not be conditioned
 upon membership in such organization by any employee or employer  there-
 of, 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, association, corporation  or  organization
 knowingly  aiding in or permitting eligibility for benefits being condi-
 tioned upon membership in such organization shall subject such organiza-
 tion 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 actu-
 ally incurred in administering such welfare and medical plans for fiscal
 years of such corporation or  association,  on  or  after  July  twenty-
 fourth,  nineteen  hundred  eighty-one, shall not be less than the ratio
 between such amounts actually expended and such costs actually  incurred
 for  the  fiscal  year immediately 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 organizations and association or corporation of its determi-
 nation.  Upon  receipt  of such original certification by such organiza-
 tion, the association 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.