S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1611--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing  --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04614-03-3
              

 S. 1611--A                          2
 
 of  such  association  or  corporation  for racing, training or stabling
 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.