STATE OF NEW YORK ________________________________________________________________________ 10145 IN ASSEMBLY May 10, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to the creation of the jockey health insurance reserve fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 221-a of the racing, pari-mutuel 2 wagering and breeding law, as amended by chapter 243 of the laws of 3 2020, is amended to read as follows: 4 1. A franchised corporation shall, as a condition of racing, establish 5 a program to administer the purchase of health insurance for eligible 6 jockeys. 7 (a) Such program shall be funded through the deposit of one and one- 8 half percent of the gross purse enhancement amount from video lottery 9 gaming at a thoroughbred track pursuant to paragraph two of subdivision 10 b and paragraph one of subdivision f of section sixteen hundred twelve 11 of the tax law. The franchised corporation shall establish a segregated 12 account for the receipt of these monies and these monies shall remain 13 separate from any other funds. Any corporation or association licensed 14 pursuant to this article shall pay into such account any amount due 15 within ten days of the receipt of revenue pursuant to section sixteen 16 hundred twelve of the tax law. Any portion of such funding to the 17 account unused during a calendar year, less an amount sufficient to 18 cover anticipated premium liabilities over the next sixty days, shall be 19 [returned on a pro rata basis in accordance with the amounts originally 20 contributed and shall be used for the purpose of enhancing purses at 21 such tracks] deposited into the reserve fund established pursuant to 22 paragraph (b) of this subdivision. Provided, however, if a corporation 23 or association licensed pursuant to this article provides an alternative 24 source of funding for this program, an amount equal to this alternative 25 funding, but not in excess of the amount originally contributed during 26 the year from the gross purse enhancement amount from video lottery 27 gaming attributable to such corporation or association, shall be 28 returned to the corporation or association and used for the purpose of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15452-03-4
A. 10145 2 1 enhancing purses at such track. Provided, further, any such alternative 2 source of funding must be approved by the commission. 3 (b) Provided, however, an additional segregated account may be estab- 4 lished with such monies as a reserve fund for the payment of premiums 5 not yet paid. The amount paid into such fund during any calendar year, 6 if any, shall be upon the approval of the franchised corporation and the 7 jockey's organization that represents at least fifty-one percent of 8 eligible active jockeys. If, after the establishment of such fund, a 9 determination is made that such fund is no longer needed, the monies 10 remaining in such fund shall be returned on a pro rata basis in accord- 11 ance with the amounts originally contributed and shall be used for the 12 purposes of enhancing purses at such tracks. 13 § 2. This act shall take effect immediately.