Bill Text: NY A07731 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the creation of the New York jockey injury compensation fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-11-28 - tabled [A07731 Detail]
Download: New_York-2015-A07731-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7731--B 2015-2016 Regular Sessions IN ASSEMBLY May 26, 2015 ___________ 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 -- recommitted to the Committee on Racing and Wagering in accordance with Assembly Rule 3, sec. 2 -- 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 and the workers' compensation law, in relation to the New York Jockey Injury Compensation Fund, Inc. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 221 of the racing, pari-mutuel 2 wagering and breeding law, as amended by chapter 325 of the laws of 2004 3 and such section as renumbered by chapter 18 of the laws of 2008, is 4 amended to read as follows: 5 6. (a) The fund shall secure workers' compensation insurance coverage 6 on a blanket basis for the benefit of all jockeys, apprentice jockeys 7 and exercise persons licensed pursuant to this article or article four 8 of this chapter who are employees under section two of the workers' 9 compensation law, and may elect with the approval of the gaming commis- 10 sion, to secure workers' compensation insurance for licensed employees 11 of licensed trainers. 12 (b) The fund may elect, with the approval of the gaming commission, to 13 secure workers' compensation insurance coverage through a form of self- 14 insurance, including, without limitation, pursuant to subdivision three 15 of section fifty of the workers' compensation law. 16 § 2. The fourth undesignated paragraph of subdivision 7 of section 221 17 of the racing, pari-mutuel wagering and breeding law, as amended by 18 chapter 18 of the laws of 2008, is amended to read as follows: 19 All amounts collected by a horsemen's bookkeeper pursuant to this 20 section shall be transferred to the fund created under this section and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11066-06-6A. 7731--B 2 1 shall be used by the fund to purchase workers' compensation insurance 2 for jockeys, apprentice jockeys and exercise persons licensed pursuant 3 to this article or article four of this chapter who are employees under 4 section two of the workers' compensation law, and at the election of the 5 fund, with the approval of the gaming commission, to secure workers' 6 compensation insurance for licensed employees of licensed trainers to 7 pay for any of its liabilities under section fourteen-a of the workers' 8 compensation law and to administer the workers' compensation program for 9 such jockeys, apprentice jockeys [and], exercise persons and, if 10 approved, licensed employees of licensed trainers required by this 11 section and the workers' compensation law. 12 § 3. Subdivision 12 of section 221 of the racing, pari-mutuel wagering 13 and breeding law, as amended by chapter 325 of the laws of 2004 and such 14 section as renumbered by chapter 18 of the laws of 2008, is amended to 15 read as follows: 16 12. For purposes of this section, the term "licensed employees of 17 licensed trainers" shall have the same meaning as subdivision twenty- 18 four of section two of the workers' compensation law. 19 13. The fund and the state racing and wagering board shall have such 20 power as is necessary to implement the provisions of this section. 21 § 4. Section 2 of the workers' compensation law is amended by adding a 22 new subdivision 24 to read as follows: 23 24. "Licensed employees of licensed trainers" means assistant train- 24 ers, foreman, watchmen and stable employees, including grooms and hot- 25 walkers. 26 § 5. The second undesignated paragraph of subdivision 3 of section 2 27 of the workers' compensation law, as amended by chapter 392 of the laws 28 of 2008, is amended to read as follows: 29 Notwithstanding any other provision of this chapter and for purposes 30 of this chapter only, "employer" shall mean, with respect to a jockey, 31 apprentice jockey or exercise person licensed under article two or four 32 of the racing, pari-mutuel wagering and breeding law, and, at the 33 election of the New York Jockey Injury Compensation Fund, Inc. and with 34 the approval of the gaming commission, licensed employees of licensed 35 trainers, performing services for an owner or trainer in connection with 36 the training or racing of a horse at a facility of a racing association 37 or corporation subject to article two or four of the racing, pari-mutuel 38 wagering and breeding law and subject to the jurisdiction of the New 39 York state [racing and wagering board] gaming commission, The New York 40 Jockey Injury Compensation Fund, Inc. and all owners and trainers who 41 are licensed or required to be licensed under article two or four of the 42 racing, pari-mutuel wagering and breeding law at the time of any occur- 43 rence for which benefits are payable pursuant to this chapter in respect 44 to the injury or death of such jockey, apprentice jockey [or], exercise 45 person or, if approved, a licensed employee of a licensed trainer. 46 § 6. The fifth undesignated paragraph of subdivision 4 of section 2 of 47 the workers' compensation law, as amended by chapter 169 of the laws of 48 2007, is amended to read as follows: 49 Notwithstanding any other provision of this chapter, and for purposes 50 of this chapter only, a jockey, apprentice jockey or exercise person 51 licensed under article two or four of the racing, pari-mutuel wagering 52 and breeding law and, at the election of the New York Jockey Injury 53 Compensation Fund, Inc. and with the approval of the gaming commission, 54 licensed employees of licensed trainers, performing services for an 55 owner or trainer in connection with the training or racing of a horse at 56 a facility of a racing association or corporation subject to article twoA. 7731--B 3 1 or four of the racing, pari-mutuel wagering and breeding law and subject 2 to the jurisdiction of the New York state [racing and wagering board] 3 gaming commission shall be regarded as the "employee" not solely of such 4 owner or trainer, but shall instead be conclusively presumed to be the 5 "employee" of The New York Jockey Injury Compensation Fund, Inc. and 6 also of all owners and trainers who are licensed or required to be 7 licensed under article two or four of the racing, pari-mutuel wagering 8 and breeding law at the time of any occurrence for which benefits are 9 payable pursuant to this chapter in respect of the injury or death of 10 such jockey, apprentice jockey [or], exercise person or, if approved, a 11 licensed employee of a licensed trainer. 12 § 7. The third undesignated paragraph of subdivision 5 of section 2 of 13 the workers' compensation law, as amended by chapter 392 of the laws of 14 2008, is amended to read as follows: 15 Notwithstanding any other provision of this chapter, and for purposes 16 of this chapter only, a jockey, apprentice jockey or exercise person 17 licensed under article two or four of the racing, pari-mutuel wagering 18 and breeding law and, at the election of the New York Jockey Injury 19 Compensation Fund, Inc. and with the approval of the gaming commission, 20 licensed employees of licensed trainers, performing services for an 21 owner or trainer in connection with the training or racing of a horse at 22 a facility of a racing association or corporation subject to article two 23 or four of the racing, pari-mutuel wagering and breeding law and subject 24 to the jurisdiction of the New York state [racing and wagering board] 25 gaming commission shall be regarded as in the "employment" not solely of 26 such owner and trainer, but shall instead be conclusively presumed to be 27 in the "employment" of The New York Jockey Injury Compensation Fund, 28 Inc. and of all owners and trainers who are licensed or required to be 29 licensed under article two or four of the racing, pari-mutuel wagering 30 and breeding law, at the time of any occurrence for which benefits are 31 payable pursuant to this chapter in respect of the injury or death of 32 such jockey, apprentice jockey [or], exercise person or, if approved, a 33 licensed employee of a licensed trainer. For the purpose of this chap- 34 ter only, whether a livery driver's performance of covered services, as 35 those terms are defined in article six-G of the executive law, consti- 36 tutes "employment" shall be determined in accordance with section eigh- 37 teen-c of this chapter. 38 § 8. The opening paragraph of section 11 of the workers' compensation 39 law, as amended by chapter 169 of the laws of 2007, is amended to read 40 as follows: 41 The liability of an employer prescribed by the last preceding section 42 shall be exclusive and in place of any other liability whatsoever, to 43 such employee, his or her personal representatives, spouse, parents, 44 dependents, distributees, or any person otherwise entitled to recover 45 damages, contribution or indemnity, at common law or otherwise, on 46 account of such injury or death or liability arising therefrom, except 47 that if an employer fails to secure the payment of compensation for his 48 or her injured employees and their dependents as provided in section 49 fifty of this chapter, an injured employee, or his or her legal repre- 50 sentative in case of death results from the injury, may, at his or her 51 option, elect to claim compensation under this chapter, or to maintain 52 an action in the courts for damages on account of such injury; and in 53 such an action it shall not be necessary to plead or prove freedom from 54 contributory negligence nor may the defendant plead as a defense that 55 the injury was caused by the negligence of a fellow servant nor that the 56 employee assumed the risk of his or her employment, nor that the injuryA. 7731--B 4 1 was due to the contributory negligence of the employee. The liability 2 under this chapter of The New York Jockey Injury Compensation Fund, Inc. 3 created under section two hundred [thirteen-a] twenty-one of the racing, 4 pari-mutuel wagering and breeding law shall be limited to the provision 5 of workers' compensation coverage to jockeys, apprentice jockeys [and], 6 exercise persons and, at the election of the New York Jockey Injury 7 Compensation Fund, Inc. and with the approval of the gaming commission, 8 a licensed employee of a licensed trainer licensed under article two or 9 four of the racing, pari-mutuel wagering and breeding law and any statu- 10 tory penalties resulting from the failure to provide such coverage. 11 § 9. Subdivision 4 of section 14-a of the workers' compensation law, 12 as amended by chapter 169 of the laws of 2007, is amended to read as 13 follows: 14 4. With respect to a jockey, apprentice jockey or exercise person 15 licensed under article two or four of the racing, pari-mutuel wagering 16 and breeding law and, at the election of the New York Jockey Injury 17 Compensation Fund, Inc. and with the approval of the gaming commission, 18 a licensed employee of a licensed trainer who, pursuant to section two 19 of this chapter, is an employee of all owners and trainers licensed or 20 required to be licensed under article two or four of the racing, pari- 21 mutuel wagering and breeding law and The New York Jockey Injury Compen- 22 sation Fund, Inc., the owner or trainer for whom such jockey, apprentice 23 jockey [or], exercise person or, if approved, a licensed employee of a 24 licensed trainer was performing services at the time of the accident 25 shall be solely responsible for the double payments described in subdi- 26 vision one of this section, to the extent that such payments exceed any 27 amounts otherwise payable with respect to such jockey, apprentice jockey 28 [or], exercise person or, if approved, a licensed employee of a licensed 29 trainer under any other section of this chapter, and the New York Jockey 30 Injury Compensation Fund, Inc. shall have no responsibility for such 31 excess payments, unless there shall be a failure of the responsible 32 owner or trainer to pay such award within the time provided under this 33 chapter. In the event of such failure to pay and the board requires the 34 fund to pay the award on behalf of such owner or trainer who has been 35 found to have violated this section, the fund shall be entitled to an 36 award against such owner or trainer for the amount so paid which shall 37 be collected in the same manner as an award of compensation. 38 § 10. Section 18-a of the workers' compensation law, as amended by 39 chapter 169 of the laws of 2007, is amended to read as follows: 40 § 18-a. Notice: The New York Jockey Injury Compensation Fund, Inc. 41 Wherever in this chapter it shall be required that notice be given to an 42 employer, except for claims involving section fourteen-a of the workers' 43 compensation law such notice requirement shall be deemed satisfied by 44 giving notice to the New York Jockey Injury Compensation Fund, Inc., in 45 connection with an injury to a jockey, apprentice jockey or exercise 46 person licensed under article two or four of the racing, pari-mutuel 47 wagering and breeding law and, at the election of the New York Jockey 48 Injury Compensation Fund, Inc. and with the approval of the gaming 49 commission, a licensed employee of a licensed trainer, who, pursuant to 50 section two of this chapter, is an employee of all owners and trainers 51 licensed or required to be licensed under article two or four of the 52 racing, pari-mutuel wagering and breeding law and of the fund. In a 53 claim involving section fourteen-a of the workers' compensation law such 54 required notice shall be given to the employing owner and/or trainer of 55 the fund.A. 7731--B 5 1 § 11. Subdivision 8 of section 50 of the workers' compensation law, as 2 amended by chapter 169 of the laws of 2007, is amended to read as 3 follows: 4 8. The requirements of section ten of this chapter regarding the 5 provision of workers' compensation insurance as to owners and trainers 6 governed by the racing, pari-mutuel wagering and breeding law who are 7 employers under section two of this chapter are satisfied in full by 8 compliance with the requirements imposed upon owners and trainers by 9 section two hundred [thirteen-a] twenty-one of the racing, pari-mutuel 10 wagering and breeding law, provided that in the event double compen- 11 sation, death benefits, or awards are payable with respect to an injured 12 employee under section fourteen-a of this chapter, the owner or trainer 13 for whom the injured jockey, apprentice jockey or exercise person 14 licensed under article two or four of the racing, pari-mutuel wagering 15 and breeding law and, at the election of the New York Jockey Injury 16 Compensation Fund, Inc. and with the approval of the gaming commission, 17 a licensed employee of a licensed trainer, is performing services as a 18 jockey, apprentice jockey or exercise person so licensed at the time of 19 the accident or, if approved, a licensed employee of a licensed trainer 20 shall bear the sole responsibility for the amount payable pursuant to 21 such section fourteen-a in excess of the amount otherwise payable under 22 this chapter, unless there shall be a failure of the responsible owner 23 or trainer to pay such award within the time provided under this chap- 24 ter. In the event of such failure to pay and the board requires the fund 25 to pay the award on behalf of such owner or trainer who has been found 26 to have violated section fourteen-a of this chapter, the fund shall be 27 entitled to an award against such owner or trainer for the amount so 28 paid which shall be collected in the same manner as an award of compen- 29 sation. Coverage directly procured by any owner or trainer for the 30 purpose of satisfying the requirements of this chapter with respect to 31 employees of the owner or trainer shall not include coverage on any 32 jockey, apprentice jockey or exercise person licensed under article two 33 or four of the racing, pari-mutuel wagering and breeding law and, at the 34 election of the New York Jockey Injury Compensation Fund, Inc. and with 35 the approval of the gaming commission, a licensed employee of a licensed 36 trainer, to the extent that such jockey, apprentice jockey [or], exer- 37 cise person or, if approved, a licensed employee of a licensed trainer 38 is also covered under coverage procured by The New York Jockey Injury 39 Compensation Fund, Inc. pursuant to the requirements of section two 40 hundred [thirteen-a] twenty-one of the racing, pari-mutuel wagering and 41 breeding law, and to that extent, coverage procured by the fund pursuant 42 to the requirements of the racing, pari-mutuel wagering and breeding law 43 shall be considered primary. 44 § 12. This act shall take effect immediately.
