Bill S7302-2013

Relates to exempting the New York Jockey Injury Compensation Fund, Inc. from certain assessments under the workers' compensation law

Relates to exempting the New York Jockey Injury Compensation Fund, Inc. from certain assessments under the workers' compensation law.

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  • May 9, 2014: REFERRED TO RACING, GAMING AND WAGERING

Memo

BILL NUMBER:S7302

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to the New York Jockey Injury Compensation Fund, Inc.

PURPOSE: This bill would exempt the New York Jockey Injury Compensation Fund, Inc. and any safety group established by New York horsemen under the provisions of section 91 of the Workers' Compensation Law, from the assessments under section 151 of the Worker's Compensation Law.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 10 of section 221 of the Racing, Pari-mutuel Wagering and Breeding Law to exempt the New York Jockey Injury Compensation Fund, Inc. and any safety group established by New York horsemen under the provisions of section 91 of the Workers' Compensation Law, from the assessments under section 151 of the Workers' Compensation Law.

Section 2: Effective date.

EXISTING LAW: At present, the New York Jockey Injury Compensation Fund, Inc. is required to pay assessments charged pursuant to section 151 of the Workers' Compensation Law to the Chair of the Workers' Compensation Board through its insurance carrier or the State Insurance Fund until such time as the Workers' Compensation Board establishes a direct employer payment process. Any safety group established by New York horsemen for backstretch employees, such as grooms, exercise riders and hot-walkers, is also required to pay assessments charged under section 151 of the Workers' Compensation Law through the State Insurance Fund.

JUSTIFICATION: In July 1990, the Legislature created the New York Jockey Injury Compensation Fund, Inc. as a not-for-profit corporation charged with the obligation of securing workers' compensation insurance coverage in an efficient manner at low cost for the benefit of all jockeys, apprentice jockeys and exercise persons licensed by the New York State Gaming Commission (formerly the New York State Racing and Wagering Board). This bill will exempt the New York Jockey Injury Compensation Fund, Inc. from the assessments under section 151 of the Workers' Compensation Law, which will enable it to provide workers' compensation insurance for jockeys and licensed exercise riders at lower cost. This bill also will exempt any safety group established by New York horsemen for backstretch employees, such as grooms, exercise riders and hot-walkers, from the assessments under section 151 of the Workers' Compensation law, which will enable such horsemen to provide workers compensation insurance for such employees at a lower cost and, thereby make racing in New York State more competitive with other states.

A similar exemption has been statutorily granted to certain group self-insured trusts pursuant to Workers' Compensation Law section 15-a.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 7302 IN SENATE May 9, 2014 ___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing AN ACT to amend the racing, pari-mutuel wagering and breeding 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: Section 1. Subdivision 10 of section 221 of the racing, pari-mutuel wagering and breeding law, as amended by chapter 325 of the laws of 2004 and such section as renumbered by chapter 18 of the laws of 2008, is amended to read as follows: 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. THE FUND SHALL ALSO BE EXEMPT FROM PAYMENT OF ALL ASSESSMENTS UNDER SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPEN- SATION LAW AND NO INSURANCE CARRIER OR THE STATE INSURANCE FUND SHALL BE REQUIRED TO COLLECT ANY SUCH ASSESSMENTS FROM THE FUND. ANY GROUP ESTAB- LISHED BY NEW YORK HORSEMEN UNDER THE PROVISIONS OF SECTION NINETY-ONE OF THE WORKERS' COMPENSATION LAW SHALL ALSO BE EXEMPT FROM PAYMENT OF ALL ASSESSMENTS UNDER SECTION ONE HUNDRED FIFTY-ONE OF THE WORKERS' COMPENSATION LAW AND THE STATE INSURANCE FUND SHALL NOT BE REQUIRED TO COLLECT ANY SUCH ASSESSMENTS FROM ANY SUCH GROUP. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2014.

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