2023 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, through
calendar year two thousand twenty-seven,  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-seven. 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.