Bill Text: NY S01611 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to horsemen's health, welfare, pension and administrative benefits for harness racing licensees in the absence of contractual obligations; requires that in the absence of a contract between the licensed harness racing corporation or association and the representative horsemen's organization, the state gaming commission shall as a condition of racing require an association or corporation to withhold and pay eight percent of all unpaid and existing monies and to pay such sum to the horsemen's organization quarterly at facilities located in Westchester and Nassau county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-06 - SUBSTITUTED BY A3475A [S01611 Detail]

Download: New_York-2023-S01611-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1611

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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

        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:

     1    Section  1.  Subparagraph  (ii)  of  paragraph  a  of subdivision 1 of
     2  section 318 of the racing, pari-mutuel wagering  and  breeding  law,  as
     3  amended  by  chapter  243  of  the  laws  of 2020, is amended to read as
     4  follows:
     5    (ii) except as otherwise provided in this paragraph an amount equal to
     6  six and eight-tenths percent of the total pool resulting  from  on-track
     7  regular  bets,  an  amount equal to seven and ninety-five one hundredths
     8  percent of the total pool resulting  from  on-track  multiple  bets,  an
     9  amount  equal  to  ten  and one-half percent of the total pool resulting
    10  from on-track exotic bets, an  amount  equal  to  fifteen  and  one-half
    11  percent  of  the  total  daily pool resulting from on-track super exotic
    12  bets shall be used exclusively for purses, of which  an  amount  of  not
    13  less  than ninety percent shall be used exclusively for purses for over-
    14  night races conducted by such association or corporation.  Such  amounts
    15  may  be  reduced  upon  an application approved by the commission and an
    16  agreement between the licensed harness racing corporation or association
    17  and the representative horsemen's organization as a condition to  reduce
    18  the  amounts  of  retained  percentages as provided for in this section.
    19  However, of the total amount available for purses, an amount  as  deter-
    20  mined by contractual obligations between an organization representing at
    21  least  fifty-one percent of the owners and trainers using the facilities
    22  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.
                                                                   LBD04614-01-3
        S. 1611                             2

     1  purposes  and  the  association  or  corporation, or in the absence of a
     2  contract between the licensed harness racing corporation or  association
     3  and the representative horsemen's organization, the state gaming commis-
     4  sion  shall  as  a  condition of racing require an association or corpo-
     5  ration to withhold eight percent of all purses and to pay  such  sum  to
     6  the horsemen's organization quarterly which shall be used for the admin-
     7  istrative purposes of said organization and for such welfare and medical
     8  plans  for regularly employed backstretch employees principally employed
     9  at the facilities of such corporation or association as provided by said
    10  organization, provided, however, that eligibility for benefits  in  such
    11  plans  shall  not be conditioned upon membership in such organization by
    12  any employee or employer thereof, and  any  denial  of  eligibility  for
    13  benefits  in  such  plans  which,  upon  investigation and review by the
    14  commission, is determined to have resulted from a person, firm,  associ-
    15  ation,  corporation  or  organization  knowingly aiding in or permitting
    16  eligibility for benefits  being  conditioned  upon  membership  in  such
    17  organization  shall  subject  such organization to the penalties imposed
    18  under sections three hundred ten and three hundred  twenty-one  of  this
    19  article  but  the  ratio  between the amounts actually expended for such
    20  welfare and medical plans and the cost actually incurred in  administer-
    21  ing  such welfare and medical plans for fiscal years of such corporation
    22  or association, on or after July twenty-fourth, nineteen hundred  eight-
    23  y-one,  shall  not  be less than the ratio between such amounts actually
    24  expended and such costs actually incurred for the fiscal year immediate-
    25  ly prior to such date. Such organization shall  annually  on  or  before
    26  July  first certify to the commission that it represents at least fifty-
    27  one percent of such owners and  trainers  and  provide  copies  of  such
    28  certification to such association or corporation. Any other organization
    29  claiming  to  represent  at  least  fifty-one percent of such owners and
    30  trainers may file a challenge with the commission within fifteen days of
    31  such original certification. The commission shall examine such claim and
    32  may undertake studies and conduct hearings to determine the validity  of
    33  such  claim.    Within  sixty days of receiving such challenge and based
    34  upon the findings of such studies and  hearings,  the  commission  shall
    35  render  a  decision on the validity of such claim and advise such organ-
    36  izations and association  or  corporation  of  its  determination.  Upon
    37  receipt of such original certification by such organization, the associ-
    38  ation  or corporation shall make such payments to said organization and,
    39  in the event of a challenge brought  to  any  other  organization,  such
    40  payments  shall  continue  to  be made until such time as the commission
    41  renders its decision on such challenge; and
    42    § 2. This act shall take effect immediately.