Creates the jockey health insurance reserve fund, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5921--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER -- 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
 
 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:
 
   Section  1.  Subdivision 1 of section 221-a of the racing, pari-mutuel
 wagering and breeding law, as amended by chapter  243  of  the  laws  of
 2020, is amended to read as follows:
   1. A. A franchised corporation shall, as a condition of racing, estab-
 lish a program to administer the purchase of health insurance for eligi-
 ble jockeys.
   Such  program  shall be funded through the deposit of one and one-half
 percent of the gross purse enhancement amount from video lottery  gaming
 at  a  thoroughbred track pursuant to paragraph two of subdivision b and
 paragraph one of subdivision f of section sixteen hundred twelve of  the
 tax law. The franchised corporation shall establish a segregated account
 for  the  receipt of these monies and these monies shall remain separate
 from any other funds. Any corporation or association  licensed  pursuant
 to  this  article  shall pay into such account any amount due within ten
 days of the receipt of  revenue  pursuant  to  section  sixteen  hundred
 twelve of the tax law.
   B. Any portion of such funding to the account, OUTLINED IN PARAGRAPH A
 OF  THIS  SUBDIVISION,  unused  during  a  calendar year, less an amount
 sufficient to cover anticipated premium liabilities over the next  sixty
 days,  shall  be  EITHER  (I) returned on a pro rata basis in accordance
 with the amounts originally contributed [and shall] TO be used  for  the
 purpose  of  enhancing  purses  at  such tracks, (II) DEPOSITED INTO THE
 ACCOUNT ESTABLISHED IN PARAGRAPH C OF THIS SECTION, OR (III) DISTRIBUTED
 VIA A COMBINATION OF BOTH PURPOSES OUTLINED  IN  SUBPARAGRAPHS  (I)  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06894-02-5
 A. 5921--A                          2
 
 (II)  OF  THIS  PARAGRAPH.  THE  DISTRIBUTION  OF  SUCH  UNUSED  FUNDING
 DESCRIBED IN THIS PARAGRAPH SHALL BE DETERMINED AND AGREED UPON  BY  THE
 FRANCHISED  CORPORATION AND THE JOCKEY'S ORGANIZATION THAT REPRESENTS AT
 LEAST  FIFTY-ONE  PERCENT  OF ELIGIBLE JOCKEYS.  Provided, however, if a
 corporation or association licensed pursuant to this article provides an
 alternative source of funding for this program, an amount equal to  this
 alternative funding, but not in excess of the amount originally contrib-
 uted  during the year from the gross purse enhancement amount from video
 lottery gaming attributable to such corporation or association, shall be
 returned to the corporation or association and used for the  purpose  of
 enhancing purses at such track.  Provided, further, any such alternative
 source of funding must be approved by the commission.
   C.  AN  ADDITIONAL  SEGREGATED  ACCOUNT  MAY  BE ESTABLISHED WITH SUCH
 MONIES AS A RESERVE FUND FOR THE PAYMENT OF PREMIUMS NOT YET  PAID.  THE
 AMOUNT  PAID  INTO  SUCH FUND DURING ANY CALENDAR YEAR, IF ANY, SHALL BE
 DETERMINED UPON THE AGREEMENT BETWEEN THE FRANCHISED CORPORATION AND THE
 JOCKEY'S ORGANIZATION THAT REPRESENTS  AT  LEAST  FIFTY-ONE  PERCENT  OF
 ELIGIBLE  ACTIVE  JOCKEYS  OUTLINED  IN PARAGRAPH B OF THIS SUBDIVISION.
 IF, AFTER THE ESTABLISHMENT OF SUCH FUND, A DETERMINATION AND  AGREEMENT
 IS MADE BETWEEN THE FRANCHISED CORPORATION AND THE JOCKEY'S ORGANIZATION
 THAT REPRESENTS AT LEAST FIFTY-ONE PERCENT OF ELIGIBLE JOCKEYS THAT SUCH
 FUND  IS  NO  LONGER  NEEDED, THE MONIES REMAINING IN SUCH FUND SHALL BE
 RETURNED ON A PRO RATA BASIS IN ACCORDANCE WITH THE  AMOUNTS  ORIGINALLY
 CONTRIBUTED  AND  SHALL  BE USED FOR THE PURPOSES OF ENHANCING PURSES AT
 SUCH TRACKS.
   § 2. This act shall take effect immediately.