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A07731 Summary:

A07731 Actions:

A07731 Committee Votes:

Committee:RACING AND WAGERING   Chair:Pretlow      
DATE:06/08/2016AYE/NAY:11/0  Action: Favorable refer to committee Rules        
Pretlow
Aye
Garbarino
Aye
Markey
Aye
Tedisco
Aye
Gunther
Aye
Lawrence
Aye
Miller
Aye
Goldfeder
Aye
Solages
Aye
Woerner
Aye
Santabarbara
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2016AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Excused
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A07731 Floor Votes:

A07731 Text:

 
                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.
                                                                   LBD11066-06-6
        A. 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 two
        A. 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 injury
        A. 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.