Bill Text: NY A03475 | 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 3-0)

Status: (Introduced) 2024-05-14 - reported referred to ways and means [A03475 Detail]

Download: New_York-2023-A03475-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3475

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering

        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
    23  purposes and the association or corporation, or  in  the  absence  of  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04614-01-3
        A. 3475                             2

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