A09478 Summary:

BILL NOA09478
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd 221 & 208, RWB L
 
Relates to providing funds from the purse cushion fund to the New York Jockey Injury Compensation Fund, Inc. for 2016 of up to two million dollars.
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A09478 Actions:

BILL NOA09478
 
03/10/2016referred to racing and wagering
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A09478 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9478           REVISED MEMO 03/10/2016
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to providing funds from the purse cushion fund to the New York Jockey Injury Compensation Fund, Inc. for two thousand sixteen   PURPOSE: This bill would enable the New York Jockey Injury Compensation Fund, Inc. (NYJICF) to use funds from the unpaid purse cushion in 2016 without such funds counting against the two per cent of purses that may be deducted from any owner's share of purses to.pay for the cost of work- ers' compensation insurance procured by the NYJICF.   SUMMARY OF PROVISIONS: Section 1 of this bill amends Racing, Pari-mutuel Wagering and Breeding Law § 221(7) to enable the NYJICF in 2016 to use up to $2 million dollars from the unpaid purse cushion to help pay for the cost of work- ers' compensation insurance procured by the NYJICF, without such unused purse cushion funds counting against the two per cent of purses deducted from any owner's share of purses to pay for such workers' compensation insurance coverage. Section 2 of this bill amends Racing, Pari-mutuel Wagering and Breeding Law § 208(9)(a) to enable the NYJICF in 2016 to use up to $2 million dollars from the unpaid purse cushion to help pay for the cost of work- ers' compensation insurance procured by the NYJICF, without such unused purse cushion funds counting against the two per cent of purses deducted from any owner's share of purses to pay for such workers' compensation insurance coverage. Section 3 of this bill provides for an immediate effective date.   JUSTIFICATION: The New York Thoroughbred Horsemen's Association (NYTHA) and New York Racing Association, Inc. (NYRA) have agreed to commit up to $2 million dollars' from the unpaid purse cushion to be used by the NYJICF in 2016 to help pay for the workers' compensation insurance that it procures.This bill helps enable NYTHA and NYRA to reduce the unused purse cushion to the statutory cap, while using industry funds to help pay the cost of workers' compensation insurance procured by the NYJICF for 2016.Pursuant to Racing, Pari-mutuel Wagering and Breeding Law § 208(9) (b), the purse cushion at the end of calendar year 2015 and ther- eafter shall not exceed $6 million dollars, unless otherwise permitted by written agreement with the applicable horsemen's organization. This bill will enable NYTHA and NYRA to reduce the unused purse cushion to the statutory cap, without such unused purse cushion funds counting against the two per cent of purses that are deducted from any owner's share of purses to help pay for the NYJICF-procured workers' compen- sation insurance coverage, as well as use industry funds to defray the cost for all owners and trainers of such workers' compensation insurance for 2016. If enacted, this bill will make racing in New York State more competitive with other states, while the NYJICF seeks long-term solutions to help reduce the costs of the NYJICF procured workers' compensation insurance coverage.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPACT ON THE STATE: This bill will not have an impact on the state financial plan.   EFFECTIVE DATE: This bill will take effect immediately, as provided for in Section 3 of this bill.
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A09478 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9478
 
                   IN ASSEMBLY
 
                                     March 10, 2016
                                       ___________
 
        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  providing  funds  from the purse cushion fund to the New
          York Jockey Injury Compensation Fund, Inc. for two thousand sixteen
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  opening paragraph of subdivision 7 of section 221 of
     2  the racing, pari-mutuel wagering and breeding law, as amended by section
     3  1 of part VV of chapter 59 of the laws of 2015, is amended  to  read  as
     4  follows:
     5    In  order  to  pay the costs of the insurance required by this section
     6  and by the workers' compensation law and to carry out its  other  powers
     7  and  duties  and  to  pay for any of its liabilities under section four-
     8  teen-a of the workers' compensation law,  the  New  York  Jockey  Injury
     9  Compensation  Fund, Inc. shall ascertain the total funding necessary and
    10  establish the sums that are to  be  paid  by  all  owners  and  trainers
    11  licensed  or required to be licensed under section two hundred twenty of
    12  this article, to obtain the total funding amount required  annually.  In
    13  order to provide that any sum required to be paid by an owner or trainer
    14  is  equitable,  the fund shall establish payment schedules which reflect
    15  such  factors  as  are  appropriate,  including  where  applicable,  the
    16  geographic  location  of  the  racing  corporation at which the owner or
    17  trainer participates, the duration of such participation, the amount  of
    18  any purse earnings, the number of horses involved, or such other factors
    19  as the fund shall determine to be fair, equitable and in the best inter-
    20  ests  of  racing.  In no event shall the amount deducted from an owner's
    21  share of  purses  exceed  two  per  centum,  notwithstanding  the  above
    22  provisions, for two thousand sixteen, the New York Jockey Injury Compen-
    23  sation  Fund,  Inc.  may  use  up to two million dollars from the unpaid
    24  purse cushion under subdivision nine of section  two  hundred  eight  of
    25  this  article,  to  pay  towards the annual costs under this section and
    26  such unused purse cushion funds shall not  count  against  the  two  per
    27  centum  of  purses deducted from an owner's share of purses.  The amount
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14113-01-6

        A. 9478                             2
 
     1  deducted from an owner's share of purses shall not exceed one per centum
     2  after April first, two thousand seventeen.  In  the  cases  of  multiple
     3  ownerships  and  limited  racing  appearances,  the fund shall equitably
     4  adjust the sum required.
     5    §  2.  Paragraph  (a)  of  subdivision 9 of section 208 of the racing,
     6  pari-mutuel wagering and breeding law, as added by  chapter  18  of  the
     7  laws of 2008, is amended to read as follows:
     8    (a)  The  franchised corporation shall maintain a separate account for
     9  all funds held on deposit in trust by  the  corporation  for  individual
    10  horsemen's  accounts.  Purse  funds  shall be paid by the corporation as
    11  required to meet its purse payment obligations. Funds held in horsemen's
    12  accounts shall only be released or applied as requested and directed  by
    13  the  individual horseman.  Notwithstanding the above provisions, for two
    14  thousand sixteen, the New York Jockey Injury Compensation Fund, Inc. may
    15  use up to two million dollars from the unpaid purse cushion  under  this
    16  section  to pay towards the annual costs under section two hundred twen-
    17  ty-one of this article.
    18    § 3. This act shall take effect immediately.
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