NY Rac, Pari-Mut Wag & Breeding L § 221 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 2 - Thoroughbred Racing and Breeding 221 - New York Jockey Injury Compensation Fund, Inc.

§  221.  New  York  Jockey  Injury Compensation Fund, Inc. 1. There is created a not-for-profit corporation to be known as The New York  Jockey Injury  Compensation  Fund, Inc. and referred to in this section as "the fund".  To  the  extent  that  the  provisions  of  the   not-for-profit corporation  law do not conflict with the provisions of this article, or the  plan  of  operation  of  the  fund  hereunder,  the  not-for-profit corporation  law  shall apply to the fund and the fund shall be a type C corporation pursuant  to  the  not-for-profit  corporation  law.  If  an applicable  provision  of  this  article or the plan of operation of the fund hereunder relates to a  matter  embraced  in  a  provision  of  the not-for-profit  corporation  law  but is not in conflict therewith, both provisions shall apply. The fund shall perform its functions  under  the plan  of operation established and approved under this section and shall exercise its powers through a board of directors established under  this section.   2.  a.  The  board of directors shall consist of seven members, six of whom are to be selected from the general membership of  the  fund  in  a manner and for terms to be prescribed by the initial fund board. For the purposes  of  establishing and organizing the fund, at least one hundred fifty days prior to the date that this article shall  take  effect,  the boards  of  directors  of  the  horsemen's organizations representing at least fifty-one percent of the horsemen utilizing the facilities of  any racing  corporation,  shall designate six members who shall serve as the initial board of directors of the fund.  The  seventh  member  shall  be elected  every two years on the second Tuesday of June, or as designated by the fund, pursuant to paragraph b of this subdivision by  a  vote  of jockeys and apprentice jockeys duly licensed pursuant to this article or article  four  of  this  chapter.  The  members of the board shall elect annually from the members a chairperson and a vice-chairperson who shall act as chairperson in the absence of the chairperson. Each member of the board of directors shall have equal voting rights with the others.   b. (i) The election of the seventh board member shall be conducted  by an  election  administrator  selected by the fund no later than November fifteenth of the year preceding the election. The fund shall inform  the commission  of  its  selection  thereof.  The  fund  shall  enter into a contract with the election administrator at  least  one  hundred  twenty days  prior  to  the date of the election. The fund shall be responsible for costs associated with the contract with the election administrator.  (ii) The election administrator may be the  individual,  organization, or  corporation  under  contract  with  the  fund  to provide management services as of November fifteenth of the year  preceding  the  election. The election administrator shall devise and provide nominating petitions to candidates, shall validate such petitions upon submittal by verifying the  eligibility  of  the  jockeys  and  apprentice jockeys to sign such petitions, and shall be responsible  for  the  printing,  dissemination, validation,  and tabulation of ballots for such election. The commission shall provide a list of all duly licensed jockeys and apprentice jockeys to the fund for purposes of validating nominating petitions and ballots. The election administrator shall report the results of the  election  to the  commission,  which  shall  then certify the election of the seventh board member.  (iii) Any individual seeking election  pursuant  to  this  subdivision shall  provide  a  nominating  petition  containing the signatures of no fewer than ten duly licensed jockeys or apprentice jockeys  eligible  to sign  such  petition.  To be eligible to sign such petition, a jockey or apprentice jockey shall possess a valid jockey's  license  as  of  March first  in  the  year  of  the  election. Such petitions may be signed by eligible jockeys or apprentice  jockeys  beginning  April  first  of  an  election  year  and  shall be returned to the election administrator for validation no later than the first Monday of May of an election year. If a jockey's license expires between March second and the first Monday  of May  and  has  not  been  renewed  by  the  latter  date,  the  election administrator shall invalidate such jockey's signature on the nominating petition so submitted.  (iv) To be eligible to vote in the election,  jockeys  and  apprentice jockeys must possess a valid jockey's license at least thirty days prior to the date of the election. If such jockey's license expires during the thirty days preceding the election and such license has not been renewed as  of  the  date  of the election, such jockey shall not be eligible to vote.  (v) If, following an election of the seventh board member, such member is unable to discharge his or  her  duties  as  a  board  member  or  is otherwise  unable  to  complete  his or her term, the fund's chairperson shall offer the seventh board member's position  to  the  candidate  who received  the  highest  total number of votes following that received by the elected board member during the election. If such candidate declines to accept such position, the chairperson shall  offer  the  position  to each  remaining  candidate  in  descending  order of the total number of votes received by each  such  candidate  during  the  election  until  a candidate has accepted the position. If none of the remaining candidates has accepted the position, the chairperson may appoint an interim member to  the  position  for such time as intervenes until a new seventh board member is elected.   3. Members of the board of directors shall serve without  compensation for  their  services,  but shall be entitled to reimbursement for actual and necessary expenses incurred in the  performance  of  their  official duties.   4.  Members of the board of directors, except as otherwise provided by law, may engage in private employment, or in a profession or business.   5. The affirmative vote of four members  of  the  board  of  directors shall  be  necessary for the transaction of any business or the exercise of any power or function of the fund. The fund may delegate  to  one  or more  of  its members, or its officers, agents or employees, such powers and duties as it may deem proper.   6. (a) The fund shall secure workers' compensation insurance  coverage on  a  blanket  basis for the benefit of all jockeys, apprentice jockeys and exercise persons licensed pursuant to this article or  article  four of  this  chapter  who  are  employees under section two of the workers' compensation law, and may elect, with the approval of the commission, to secure  workers'  compensation  insurance  for  employees  of   licensed trainers  or  owners. In the event the fund elects, with the approval of the commission, to secure workers' compensation insurance for  employees of  licensed  trainers  or  owners,  the  fund may discontinue to secure workers' compensation insurance for employees of  licensed  trainers  or owners only upon prior approval of the commission.  (b) The fund may elect, with the approval of the commission, to secure workers'   compensation   insurance   coverage   through   a   form   of self-insurance, provided that the fund has met the requirements  of  the workers'  compensation board, including, without limitation, subdivision three of section fifty of the workers' compensation law.   7. In order to pay the costs of the insurance required by this section and by the workers' compensation law and to carry out its  other  powers and  duties  and  to  pay  for  any  of  its  liabilities  under section fourteen-a of the workers' compensation law, the New York Jockey  Injury Compensation  Fund, Inc. shall ascertain the total funding necessary and establish the sums that are to  be  paid  by  all  owners  and  trainers  licensed  or required to be licensed under section two hundred twenty of this article, to obtain the total funding amount required  annually.  In order to provide that any sum required to be paid by an owner or trainer is  equitable,  the  fund shall establish payment schedules that reflect such  factors  as  are  appropriate,  including  where  applicable,  the geographic  location  of  the  racing  corporation at which the owner or trainer participates, the duration of such participation, the amount  of any purse earnings, the number of horses involved, or such other factors as  the  fund  shall  determine  to  be  fair, equitable and in the best interests of racing. In no event  shall  the  amount  deducted  from  an owner's  share  of purses exceed two percent; provided, however, for two thousand twenty and two thousand twenty-one the New York  Jockey  Injury Compensation  Fund,  Inc.  may  use  up  to two million dollars from the account established pursuant to subdivision nine of section two  hundred eight  of  this article to pay the annual costs required by this section and the funds from such account shall not count against the two  percent of  purses deducted from an owner's share of purses. The amount deducted from an owner's share of purses shall not exceed one percent after April first, two thousand twenty-four. In the cases of multiple ownerships and limited racing appearances, the fund  shall  equitably  adjust  the  sum required.   The  commission  shall,  as  a condition of racing, require any racing corporation  or  any  quarterhorse  racing  association  or  corporation authorized  under  this chapter to conduct pari-mutuel betting at a race meeting or races run thereat, to require that  each  trainer  using  the facilities  of  such  association or corporation and each owner racing a horse shall  place  or  have  placed  on  deposit  with  the  horsemen's bookkeeper  of  such  racing association or corporation, an amount to be established and paid in a manner to be determined by the fund.   Should the fund determine that the amount that has been  collected  in the  manner prescribed is inadequate to pay the annual costs required by this section, it shall notify the commission of the deficiency  and  the amount  of the additional sum or sums necessary to be paid by each owner and/or trainer in order to cover such deficiency. The commission  shall, as  an  additional condition of racing, direct any racing corporation or any quarterhorse racing association or corporation authorized under this chapter to conduct pari-mutuel betting at a race meeting  or  races  run thereat,  to require each trainer and owner to place such additional sum or sums on deposit with the respective horsemen's bookkeeper.   All amounts collected by a  horsemen's  bookkeeper  pursuant  to  this section  shall be transferred to the fund created under this section and shall be used by the fund to purchase  workers'  compensation  insurance for  jockeys,  apprentice jockeys and exercise persons licensed pursuant to this article or article four of this chapter who are employees  under section two of the workers' compensation law, and at the election of the fund,   with   the  approval  of  the  commission,  to  secure  workers' compensation insurance for employees of licensed trainers or  owners  to pay  for any of its liabilities under section fourteen-a of the workers' compensation law and to administer the workers' compensation program for such jockeys, apprentice jockeys and exercise persons and,  if  approved by  the commission, employees of licensed trainers or owners required by this section and the workers' compensation law.   In the event the fund elects, with the approval of the commission,  to secure   workers'  compensation  insurance  for  employees  of  licensed trainers or owners, the fund may elect to have the sum  required  to  be paid  by  an  owner or trainer pursuant to this section be subject to an examination of workers' compensation claims attributable under the  fund  to  each  such owner or trainer, including the frequency and severity of accidents and injuries.   8.  a. The fund shall submit to the commission a plan of operation and any amendments  thereto  necessary  or  suitable  to  assure  the  fair, reasonable and equitable administration of the fund. Such amendments, if any,  relating  to  the  assessment  of  the  costs of insurance for the subsequent year, other than deficiency assessments, shall  be  submitted to  the  commission  no  later than November fifteenth of each year. The plan of operation and any amendments thereto shall become effective upon approval in writing by the commission, and shall  be  published  by  the fund  upon  such approval in one or more trade publications likely to be obtained by owners and trainers.   b. If the fund fails to submit a suitable plan of operation within one hundred eighty days following the effective date of this section  or  if at  any  time thereafter the fund fails to submit suitable amendments to the plan, the commission shall, after  notice  and  hearing,  adopt  and promulgate  such  reasonable  rules  as  are  necessary  or advisable to effectuate the provisions of this article. Such rules shall continue  in force until modified by the commission or superseded by a plan submitted by the fund and approved by the commission.   c.  The plan of operation shall constitute the by-laws of the fund and shall, in addition to requirements enumerated elsewhere in this article:  (i) establish procedures for handling the assets of the fund;  (ii) establish regular places and times for meetings of the  board  of directors;  (iii)  establish  procedures  for  records to be kept of all financial transactions of the fund, its agents and the board of directors;  (iv) establish a formula for determining the appropriate amount of the assessments under this section;  (v) establish the rules and procedures to govern  the  conduct  of  an election  held  pursuant  to  paragraph  b  of  subdivision  two of this section; and  (vi) contain such additional provisions as the commission or fund  may deem  necessary  or proper for the execution of the powers and duties of the fund.   9. The fund shall be subject to  examination  and  regulation  by  the commission.  The  fund shall submit to the commission not later than May first of each year, a financial report for the preceding  calendar  year in  a  form  approved  by  the commission and a report of its activities during the preceding calendar year.   10. The fund shall be exempt from payment of all fees  and  all  taxes levied  by this state or any of its subdivisions, except taxes levied on real property.   11. The fund shall purchase such insurance as necessary to protect any director, officer, agent or other representative from liability.   12. For purposes of this section,  the  term  "employees  of  licensed trainers   or  owners"  shall  have  the  same  meaning  as  subdivision twenty-four of section two of the workers' compensation law.   13. a. There is created a racing safety committee to review  the  risk management  report  submitted  to the commission by the fund on or about September thirtieth,  two  thousand  sixteen  and  to  make  non-binding recommendations  for  the  implementation  of  the  safety proposals and initiatives set forth in such report. Such committee  shall  consist  of seven members, each to serve a term of three years, with one member each appointed by:  (i) the fund;  (ii) the commission;  (iii) the franchised corporation;  (iv)  the  racing association or corporation licensed pursuant to this article or article four of  this  chapter  to  operate  the  racing  and training facilities at Finger Lakes racetrack;  (v)  the  horsemen's  organization  representing  at  least  fifty-one percent  of  the  owners  and  trainers  using  the  facilities  of  the franchised corporation;  (vi)  the  horsemen's  organization  representing  at  least fifty-one percent of the owners and trainers using the facilities  of  the  Finger Lakes racetrack; and  (vii) the Jockeys' Guild.   The  member of the racing safety committee appointed by the fund shall serve as chairperson and the  member  of  the  racing  safety  committee appointed  by the commission shall serve as vice-chairperson. Members of the racing safety committee shall have equal voting rights.   b. The racing safety committee shall meet within ninety days following the effective date  of  this  subdivision  to  review  and  discuss  the implementation  of  the recommendations contained in the risk management report submitted to the commission by the fund  on  or  about  September thirtieth,  two thousand sixteen. The racing safety committee shall meet on or after July first, two thousand seventeen, and  at  least  annually thereafter, to review the workers' compensation loss information and the status  of safety-related findings and recommendations and to develop an annual strategic plan to address identified safety issues.   c. The members appointed pursuant to subparagraph (iii)  and  (iv)  of paragraph  a of this subdivision, in consultation with the other members of the racing safety committee, shall:  (i) Within one hundred eighty days following  the  effective  date  of this  subdivision,  for  each  track,  develop safety rules for training activities to be  documented  and  communicated,  in  both  English  and Spanish,  to  jockeys, apprentice jockeys, and exercise persons licensed pursuant to this article  or  article  four  of  this  chapter  who  are employees under section two of the workers' compensation law, and at the election  of the fund, with the approval of the commission, employees of licensed trainers or owners. Such safety rules shall include, but not be limited to, proper usage  of  personal  protective  equipment,  required response to loose horses, prohibition of cell phone use while mounted on a  horse, general requirements for jogging, galloping, breezing, ponying a horse, and starting gate safety protocols. Refresher training  related to such safety rules shall be required at the start of each meet.  (ii)  Prior to the start of each meet, following the effective date of this subdivision, meet with trainers or their representatives to discuss and address identified safety issues.  (iii) Within one hundred eighty days following the effective  date  of this   subdivision,  for  each  track,  develop  a  written,  documented emergency response  plan  to  address  response  protocols  to  on-track accidents  and  incidents,  which,  at a minimum, shall include detailed information regarding roles and responsibilities for individuals who are responsible for track-related accidents and  incidents,  including,  but not  limited  to,  outriders,  emergency medical technicians/paramedics, ambulance drivers, security, and veterinary staff and clockers.  (iv) Within two hundred ten days following the effective date of  this subdivision,  communicate  the  emergency  response plan to all on-track personnel as part of new hire orientation and job assignment.  (v) Within two hundred ten days following the effective date  of  this subdivision,  and  at  least  once  annually thereafter, for each track, conduct a mock emergency response drill for on-track accidents prior  to the  opening  of  each race meet. Such emergency response drill shall be filmed and used for  education  and  training  purposes  for  personnel,  including  in  new  hire  orientation,  and to assess the performance of individuals involved in the emergency response.  (vi)  Within  one  hundred eighty days following the effective date of this  subdivision,  upgrade  the  current  level  of  emergency  medical responders from emergency medical technicians to paramedics.   14.  The fund and the commission shall have such power as is necessary to implement the provisions of this section.