Bill Text: NJ A4298 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides certain workers' compensation insurance coverage only to thoroughbred jockeys and standardbred drivers; allows use of competitive bidding process for professional service contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-10-27 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A4298 Detail]
Download: New_Jersey-2016-A4298-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Provides certain workers' compensation insurance coverage only to thoroughbred jockeys and standardbred drivers; allows use of competitive bidding process for professional service contracts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the New Jersey Horse Racing Injury Compensation Board, workers' compensation insurance coverage, and professional contract procedures and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1995, c.329 (C.34:15-131) is amended to read as follows:
3. As used in this act:
"Board" means the New Jersey Horse Racing Injury Compensation Board established by section 4 of P.L.1995, c.329 (C.34:15-132).
"Commission" means the New Jersey Racing Commission established pursuant to section 1 of P.L.1940, c.17 (C.5:5-22).
"Horse racing industry employee" means:
a. the driver of a standardbred horse, who is licensed or is required to be licensed by the commission, while that driver is engaged in performing those services for which that driver is or is required to be licensed at a permitted New Jersey racetrack in connection with the racing of a horse. That standardbred driver shall be considered to be the horse racing industry employee of a standardbred owner for the purposes of calculating, allocating and assessing the cost of workers' compensation insurance coverage;
b. the jockey[,] or jockey apprentice [or exercise rider] of a thoroughbred horse, who is licensed or is required to be licensed by the commission, while engaged in performing those services for which that jockey[,] or jockey apprentice [or exercise rider] is or is required to be licensed at a permitted New Jersey racetrack in connection with the racing [or exercising] of a horse. That jockey[,] or jockey apprentice [or exercise rider] shall be considered to be the horse racing industry employee of a thoroughbred owner for the purposes of calculating, allocating and assessing the cost of workers' compensation insurance coverage; and
c. [the stable employees of a thoroughbred trainer, who are licensed or are required to be licensed by the commission, while those stable employees are engaged in performing those services for which those stable employees are licensed or are required to be licensed at a permitted New Jersey racetrack, during the period of time the trainer's horses are stabled at the permitted New Jersey racetrack. Stable employees as defined herein shall include assistant trainers, grooms, and hot walkers.] (Deleted by amendment, P.L , c. ) (pending before the Legislature as this bill)
A "horse racing industry employee" shall not mean a standardbred owner, standardbred trainer, thoroughbred owner, [or] thoroughbred trainer, exercise rider, or stable employee of a thoroughbred trainer.
"Permitted New Jersey racetrack" means a New Jersey racetrack that has been approved by the commission to hold a horse race meeting as evidenced by a valid permit issued pursuant to section 18 of P.L.1940, c.17 (C.5:5-38) for the year in which the race meeting is held.
["Stabled" means the long-term placement of horses in assigned stalls in barns located on the grounds of a permitted New Jersey racetrack, in which stalls the horses reside continuously for the purpose of racing at any permitted racetrack in New Jersey, or the short-term placement of those horses in stalls located on the grounds of an out-of-State racetrack in connection with the pre-race detention requirements of that out-of-State racetrack, provided the horses are returned to their permanent stabled location at the permitted New Jersey racetrack within a maximum of 48 hours after that out-of-State race.]
(cf: P.L.2008, c.11, s.2)
2. Section 5 of P.L.1995, c.329 (C.34:15-133) is amended to read as follows:
5. The board shall have the power to:
a. purchase and serve as the master policyholder for any insurance, or self-insure pursuant to R.S.34:15-77, for the purposes of this act;
b. enter into contracts with other persons, entities or public bodies for any professional, administrative or other services, including legal counsel if approved by the Attorney General, as may be necessary to carry out the duties of the board and the purposes of this act, under a competitive process to the extent practicable and feasible either through advertisement for public bids or through negotiation on the basis of demonstrated competence and qualifications for the type of services required and at a fair and reasonable compensation;
c. assess, collect and disburse all money due or payable to or by the board, or authorize such collection and disbursement;
d. invest moneys held in trust under any fund in investments which are approved by the State Investment Council for the investment of surplus moneys of the State;
e. approve assessments, surplus, limits of coverage, limits of excess or reinsurance, coverage documents and other financial and operating policies of the board;
f. promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act; and
g. take all actions necessary to carry out the provisions of this act.
(cf: P.L.1995, c.329, s.5)
3. Section 6 of P.L.1995, c.329 (C. 34:15-134) is amended to read as follows:
6. a. The board shall secure workers' compensation insurance coverage for horse racing industry employees.
b. The board shall assess and collect sufficient funds to pay the costs of the insurance or self insurance coverage required by this act and by the workers' compensation laws of this State and to pay any additional costs necessary to carry out its other duties. The board shall ascertain the total funding necessary, establish the sums that are to be paid and establish by regulation the method of assessing and collecting these moneys. Assessments shall include, but shall not be limited to, deductions from gross overnight purses paid to owners, so long as such deductions do not exceed 3% of standardbred purses or 4% of thoroughbred purses, as applicable, and additional assessments may be collected as needed from standardbred owners[,] and thoroughbred owners [and thoroughbred trainers] who are licensed or are required to be licensed by the commission. Track owners shall not be assessed for such costs.
c. Assessments for workers' compensation insurance coverage pursuant to this act shall be calculated and allocated separately for the thoroughbred and standardbred industries, based on their respective loss experience, and any assessments pursuant to subsection b. of this section shall be allocated accordingly. No public funds, other than the moneys collected pursuant to subsection b. of this section, shall be used for the purpose of self insurance or for paying the costs of workers' compensation insurance or workers' compensation benefits pursuant to this act.
(cf: P.L.2008, c.11, s.3)
4. Section 7 of P.L.1995, c.329 (C.34:15-135) is amended to read as follows:
7. a. For the purposes of this act and R.S.34:15-36, a horse racing industry employee shall be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board and in the employment of all standardbred owners[,] or thoroughbred owners, [or thoroughbred trainers,] as the case may be, who are licensed or are required to be licensed by the commission [and whose horses are stabled at a permitted New Jersey racetrack] at the time of any occurrence for which workers' compensation benefits are payable pursuant to R.S.34:15-1 et seq. as supplemented by this act, and not solely in the employment of a particular owner [or trainer]. A horse racing industry employee shall not be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board for any other purpose.
b. For the purposes of this act and R.S.34:15-36, the New Jersey Horse Racing Injury Compensation Board and all standardbred owners[,] or thoroughbred owners[, or thoroughbred trainers] who are licensed or are required to be licensed by the commission [and whose horses are stabled at a permitted New Jersey racetrack] shall be deemed the employer of a horse racing industry employee at the time of any event for which workers' compensation benefits are payable pursuant to R.S.34:15-1 et seq., as supplemented by this act. The New Jersey Racing Injury Compensation Board shall not be deemed the employer of a horse racing industry employee for any other purpose.
c. With respect to horse racing industry employees, the requirements of R.S.34:15-1 et seq. regarding the provision of workers' compensation insurance by employers are satisfied in full by compliance with the requirements imposed upon standardbred owners[,] or thoroughbred owners[, and thoroughbred trainers] by this act and any rules or regulations promulgated hereunder. If the responsible owner [or trainer] fails to comply with the requirements of this act or any rules or regulations promulgated hereunder and if the board is still required to pay the award on behalf of that owner [or trainer] who has been found to have violated this act or any rule or regulation promulgated hereunder, then the board is hereby authorized to impose a penalty on that owner [or trainer] in an amount not to exceed $10,000 per violation.
d. The provisions of this act shall not apply to employees of an owner [or trainer] who are not horse racing industry employees.
(cf: P.L.2008, c.11, s.5)
5. Section 2 of P.L.1999, c.378 (C.34:15-134.1) is amended to read:
2. Notwithstanding any provision of P.L.1995, c.329 (C.34:15-129 et seq.), as amended:
a. A standardbred trainer who is licensed or is required to be licensed by the commission shall carry compensation insurance covering the standardbred trainer's employees as required by R.S.34:15-1 et seq., regardless of where the standardbred trainer's horses are stabled;
b. [With respect to the stable employees of a thoroughbred trainer, the workers' compensation policy secured by the board shall cover only those stable employees who are licensed or are required to be licensed by the commission when they are employed to work at a permitted New Jersey racetrack to care for the horses located there. To be eligible for coverage and benefits under the workers' compensation policy secured by the board, those stable employees shall be injured at a permitted New Jersey racetrack while they are engaged in performing services for which they are licensed or are required to be licensed. Those thoroughbred trainer's stable employees shall remain eligible for coverage under the workers' compensation policy secured by the board, if the trainer requires them to accompany a horse that is transported from the permitted New Jersey racetrack where it is stabled to compete in a race at an out-of-State racetrack. Those stable employees shall remain eligible for coverage under the board's policy for that period of time in which the out-of-State racetrack requires the horse to be present prior to the race, provided that the horse is returned to stabling at a permitted New Jersey racetrack within a maximum of 48 hours after the race. The workers' compensation policy of the board shall not cover those stable employees who are licensed or are required to be licensed by the commission who work with horses that the trainer has stabled at a location other than a permitted New Jersey racetrack;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
c. A thoroughbred trainer who is licensed or is required to be licensed by the commission shall carry compensation insurance covering the thoroughbred trainer's employees as required by R.S.34:15-1 et seq. [when the trainer's horses are not stabled at a permitted New Jersey racetrack. A thoroughbred trainer whose horses are stabled at a permitted New Jersey racetrack and whose stable employees receive workers' compensation coverage through the policy secured by the board shall immediately obtain compensation insurance covering these stable employees as required by R.S.34:15-1 et seq. if and when that trainer's horses are no longer stabled at a permitted New Jersey racetrack], regardless of where the thoroughbred trainer's horses are stabled; and
d. [A thoroughbred trainer whose stable employees receive workers' compensation coverage through the policy secured by the board shall ascertain and comply with the workers' compensation requirements of any other state to which that thoroughbred trainer is subject to jurisdiction. In such cases when a state other than New Jersey requires a thoroughbred trainer to obtain workers' compensation insurance coverage pursuant to the terms and conditions of its laws, any workers' compensation coverage provided through the policy secured by the board shall be secondary to the coverage required by the other state.] (Deleted by amendment, P.L , c. ) (pending before the Legislature as this bill)
(cf: P.L.2008, c.11, s.4)
6. Section 6 of P.L.2008, c.11 (C.34:15-136.1) is amended to read as follows:
6. a. [A thoroughbred trainer shall document and maintain complete and accurate records of all wages paid, whether by check or in cash, to stable employees and, notwithstanding the provisions of subsection b. of the definition of "Horse racing industry employee" in section 3 of P.L.1995, c.329 (C.34:15-131), to exercise riders who are hired in connection with the exercising or racing of a horse the trainer trains, who receive workers' compensation coverage through the policy secured by the board. A thoroughbred trainer shall produce these records within five days when directed to do so by the board or a designated agent of the board. The board is hereby authorized to impose a penalty in an amount not to exceed $1,000 per violation on any trainer who fails to produce complete and accurate records within the time period allotted by this subsection.] (Deleted by amendment, P.L , c. ) (pending before the Legislature as this bill)
b. The appropriate horseman's bookkeeper, consistent with regulations promulgated by the New Jersey Racing Commission, shall document and maintain complete and accurate records of all wages paid, whether by check or in cash, to a jockey, [or] jockey apprentice, or driver who receives workers' compensation coverage through the policy secured by the board.
(cf: P.L.2008, c.11, s.6)
7. This act shall take effect on the first day of the third month next following enactment, except that the board may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill will provide the New Jersey Horse Racing Injury Compensation Boards' (NJHRICB) workers' compensation coverage only to thoroughbred jockeys and jockey apprentices and standardbred harness drivers. Current law requires the NJHRICB to provide coverage for thoroughbred jockeys, standardbred drivers, jockey apprentices, exercise riders, and under certain circumstances, stable employees of a thoroughbred trainer such as assistant trainers, grooms, and hot walkers. In addition, the bill will allow the NJHRICB to use a competitive process to contract out for legal, financial, and insurance-related professional services.
