§ 221 — New York Jockey Injury Compensation Fund, Inc

§ 221. New York Jockey Injury Compensation Fund, Inc. 1. There is\ncreated a not-for-profit corporation to be known as The New York Jockey\nInjury Compensation Fund, Inc. and referred to in this section as "the\nfund". To the extent that the provisions of the not-for-profit\ncorporation law do not conflict with the provisions of this article, or\nthe plan of operation of the fund hereunder, the not-for-profit\ncorporation law shall apply to the fund and the fund shall be a type C\ncorporation pursuant to the not-for-profit corporation law. If an\napplicable provision of this article or the plan of operation of the\nfund hereunder relates to a matter embraced in a provision of the\nnot-for-profit corporation law but is not in conflict therewith, both\nprovisions shall apply. The fund shall perform its functions under the\nplan of operation established and approved under this section and shall\nexercise its powers through a board of directors established under this\nsection.\n 2. a. The board of directors shall consist of seven members, six of\nwhom are to be selected from the general membership of the fund in a\nmanner and for terms to be prescribed by the initial fund board. For the\npurposes of establishing and organizing the fund, at least one hundred\nfifty days prior to the date that this article shall take effect, the\nboards of directors of the horsemen's organizations representing at\nleast fifty-one percent of the horsemen utilizing the facilities of any\nracing corporation, shall designate six members who shall serve as the\ninitial board of directors of the fund. The seventh member shall be\nelected every two years on the second Tuesday of June, or as designated\nby the fund, pursuant to paragraph b of this subdivision by a vote of\njockeys and apprentice jockeys duly licensed pursuant to this article or\narticle four of this chapter. The members of the board shall elect\nannually from the members a chairperson and a vice-chairperson who shall\nact as chairperson in the absence of the chairperson. Each member of the\nboard of directors shall have equal voting rights with the others.\n b. (i) The election of the seventh board member shall be conducted by\nan election administrator selected by the fund no later than November\nfifteenth of the year preceding the election. The fund shall inform the\ncommission of its selection thereof. The fund shall enter into a\ncontract with the election administrator at least one hundred twenty\ndays prior to the date of the election. The fund shall be responsible\nfor costs associated with the contract with the election administrator.\n (ii) The election administrator may be the individual, organization,\nor corporation under contract with the fund to provide management\nservices as of November fifteenth of the year preceding the election.\nThe election administrator shall devise and provide nominating petitions\nto candidates, shall validate such petitions upon submittal by verifying\nthe eligibility of the jockeys and apprentice jockeys to sign such\npetitions, and shall be responsible for the printing, dissemination,\nvalidation, and tabulation of ballots for such election. The commission\nshall provide a list of all duly licensed jockeys and apprentice jockeys\nto the fund for purposes of validating nominating petitions and ballots.\nThe election administrator shall report the results of the election to\nthe commission, which shall then certify the election of the seventh\nboard member.\n (iii) Any individual seeking election pursuant to this subdivision\nshall provide a nominating petition containing the signatures of no\nfewer than ten duly licensed jockeys or apprentice jockeys eligible to\nsign such petition. To be eligible to sign such petition, a jockey or\napprentice jockey shall possess a valid jockey's license as of March\nfirst in the year of the election. Such petitions may be signed by\neligible jockeys or apprentice jockeys beginning April first of an\nelection year and shall be returned to the election administrator for\nvalidation no later than the first Monday of May of an election year. If\na jockey's license expires between March second and the first Monday of\nMay and has not been renewed by the latter date, the election\nadministrator shall invalidate such jockey's signature on the nominating\npetition so submitted.\n (iv) To be eligible to vote in the election, jockeys and apprentice\njockeys must possess a valid jockey's license at least thirty days prior\nto the date of the election. If such jockey's license expires during the\nthirty days preceding the election and such license has not been renewed\nas of the date of the election, such jockey shall not be eligible to\nvote.\n (v) If, following an election of the seventh board member, such member\nis unable to discharge his or her duties as a board member or is\notherwise unable to complete his or her term, the fund's chairperson\nshall offer the seventh board member's position to the candidate who\nreceived the highest total number of votes following that received by\nthe elected board member during the election. If such candidate declines\nto accept such position, the chairperson shall offer the position to\neach remaining candidate in descending order of the total number of\nvotes received by each such candidate during the election until a\ncandidate has accepted the position. If none of the remaining candidates\nhas accepted the position, the chairperson may appoint an interim member\nto the position for such time as intervenes until a new seventh board\nmember is elected.\n 3. Members of the board of directors shall serve without compensation\nfor their services, but shall be entitled to reimbursement for actual\nand necessary expenses incurred in the performance of their official\nduties.\n 4. Members of the board of directors, except as otherwise provided by\nlaw, may engage in private employment, or in a profession or business.\n 5. The affirmative vote of four members of the board of directors\nshall be necessary for the transaction of any business or the exercise\nof any power or function of the fund. The fund may delegate to one or\nmore of its members, or its officers, agents or employees, such powers\nand duties as it may deem proper.\n 6. (a) The fund shall secure workers' compensation insurance coverage\non a blanket basis for the benefit of all jockeys, apprentice jockeys\nand exercise persons licensed pursuant to this article or article four\nof this chapter who are employees under section two of the workers'\ncompensation law, and may elect, with the approval of the commission, to\nsecure workers' compensation insurance for employees of licensed\ntrainers or owners. In the event the fund elects, with the approval of\nthe commission, to secure workers' compensation insurance for employees\nof licensed trainers or owners, the fund may discontinue to secure\nworkers' compensation insurance for employees of licensed trainers or\nowners only upon prior approval of the commission.\n (b) The fund may elect, with the approval of the commission, to secure\nworkers' compensation insurance coverage through a form of\nself-insurance, provided that the fund has met the requirements of the\nworkers' compensation board, including, without limitation, subdivision\nthree of section fifty of the workers' compensation law.\n 7. In order to pay the costs of the insurance required by this section\nand by the workers' compensation law and to carry out its other powers\nand duties and to pay for any of its liabilities under section\nfourteen-a of the workers' compensation law, the New York Jockey Injury\nCompensation Fund, Inc. shall ascertain the total funding necessary and\nestablish the sums that are to be paid by all owners and trainers\nlicensed or required to be licensed under section two hundred twenty of\nthis article, to obtain the total funding amount required annually. In\norder to provide that any sum required to be paid by an owner or trainer\nis equitable, the fund shall establish payment schedules that reflect\nsuch factors as are appropriate, including where applicable, the\ngeographic location of the racing corporation at which the owner or\ntrainer participates, the duration of such participation, the amount of\nany purse earnings, the number of horses involved, or such other factors\nas the fund shall determine to be fair, equitable and in the best\ninterests of racing. In no event shall the amount deducted from an\nowner's share of purses exceed two percent; provided, however, through\ncalendar year two thousand twenty-seven, the New York Jockey Injury\nCompensation Fund, Inc. may use up to two million dollars from the\naccount established pursuant to subdivision nine of section two hundred\neight of this article to pay the annual costs required by this section\nand the funds from such account shall not count against the two percent\nof purses deducted from an owner's share of purses. The amount deducted\nfrom an owner's share of purses shall not exceed one percent after April\nfirst, two thousand twenty-seven. In the cases of multiple ownerships\nand limited racing appearances, the fund shall equitably adjust the sum\nrequired.\n The commission shall, as a condition of racing, require any racing\ncorporation or any quarterhorse racing association or corporation\nauthorized under this chapter to conduct pari-mutuel betting at a race\nmeeting or races run thereat, to require that each trainer using the\nfacilities of such association or corporation and each owner racing a\nhorse shall place or have placed on deposit with the horsemen's\nbookkeeper of such racing association or corporation, an amount to be\nestablished and paid in a manner to be determined by the fund.\n Should the fund determine that the amount that has been collected in\nthe manner prescribed is inadequate to pay the annual costs required by\nthis section, it shall notify the commission of the deficiency and the\namount of the additional sum or sums necessary to be paid by each owner\nand/or trainer in order to cover such deficiency. The commission shall,\nas an additional condition of racing, direct any racing corporation or\nany quarterhorse racing association or corporation authorized under this\nchapter to conduct pari-mutuel betting at a race meeting or races run\nthereat, to require each trainer and owner to place such additional sum\nor sums on deposit with the respective horsemen's bookkeeper.\n All amounts collected by a horsemen's bookkeeper pursuant to this\nsection shall be transferred to the fund created under this section and\nshall be used by the fund to purchase workers' compensation insurance\nfor jockeys, apprentice jockeys and exercise persons licensed pursuant\nto this article or article four of this chapter who are employees under\nsection two of the workers' compensation law, and at the election of the\nfund, with the approval of the commission, to secure workers'\ncompensation insurance for employees of licensed trainers or owners to\npay for any of its liabilities under section fourteen-a of the workers'\ncompensation law and to administer the workers' compensation program for\nsuch jockeys, apprentice jockeys and exercise persons and, if approved\nby the commission, employees of licensed trainers or owners required by\nthis section and the workers' compensation law.\n In the event the fund elects, with the approval of the commission, to\nsecure workers' compensation insurance for employees of licensed\ntrainers or owners, the fund may elect to have the sum required to be\npaid by an owner or trainer pursuant to this section be subject to an\nexamination of workers' compensation claims attributable under the fund\nto each such owner or trainer, including the frequency and severity of\naccidents and injuries.\n 8. a. The fund shall submit to the commission a plan of operation and\nany amendments thereto necessary or suitable to assure the fair,\nreasonable and equitable administration of the fund. Such amendments, if\nany, relating to the assessment of the costs of insurance for the\nsubsequent year, other than deficiency assessments, shall be submitted\nto the commission no later than November fifteenth of each year. The\nplan of operation and any amendments thereto shall become effective upon\napproval in writing by the commission, and shall be published by the\nfund upon such approval in one or more trade publications likely to be\nobtained by owners and trainers.\n b. If the fund fails to submit a suitable plan of operation within one\nhundred eighty days following the effective date of this section or if\nat any time thereafter the fund fails to submit suitable amendments to\nthe plan, the commission shall, after notice and hearing, adopt and\npromulgate such reasonable rules as are necessary or advisable to\neffectuate the provisions of this article. Such rules shall continue in\nforce until modified by the commission or superseded by a plan submitted\nby the fund and approved by the commission.\n c. The plan of operation shall constitute the by-laws of the fund and\nshall, in addition to requirements enumerated elsewhere in this article:\n (i) establish procedures for handling the assets of the fund;\n (ii) establish regular places and times for meetings of the board of\ndirectors;\n (iii) establish procedures for records to be kept of all financial\ntransactions of the fund, its agents and the board of directors;\n (iv) establish a formula for determining the appropriate amount of the\nassessments under this section;\n (v) establish the rules and procedures to govern the conduct of an\nelection held pursuant to paragraph b of subdivision two of this\nsection; and\n (vi) contain such additional provisions as the commission or fund may\ndeem necessary or proper for the execution of the powers and duties of\nthe fund.\n 9. The fund shall be subject to examination and regulation by the\ncommission. The fund shall submit to the commission not later than May\nfirst of each year, a financial report for the preceding calendar year\nin a form approved by the commission and a report of its activities\nduring the preceding calendar year.\n 10. The fund shall be exempt from payment of all fees and all taxes\nlevied by this state or any of its subdivisions, except taxes levied on\nreal property.\n 11. The fund shall purchase such insurance as necessary to protect any\ndirector, officer, agent or other representative from liability.\n 12. For purposes of this section, the term "employees of licensed\ntrainers or owners" shall have the same meaning as subdivision\ntwenty-four of section two of the workers' compensation law.\n 13. a. There is created a racing safety committee to review the risk\nmanagement report submitted to the commission by the fund on or about\nSeptember thirtieth, two thousand sixteen and to make non-binding\nrecommendations for the implementation of the safety proposals and\ninitiatives set forth in such report. Such committee shall consist of\nseven members, each to serve a term of three years, with one member each\nappointed by:\n (i) the fund;\n (ii) the commission;\n (iii) the franchised corporation;\n (iv) the racing association or corporation licensed pursuant to this\narticle or article four of this chapter to operate the racing and\ntraining facilities at Finger Lakes racetrack;\n (v) the horsemen's organization representing at least fifty-one\npercent of the owners and trainers using the facilities of the\nfranchised corporation;\n (vi) the horsemen's organization representing at least fifty-one\npercent of the owners and trainers using the facilities of the Finger\nLakes racetrack; and\n (vii) the Jockeys' Guild.\n The member of the racing safety committee appointed by the fund shall\nserve as chairperson and the member of the racing safety committee\nappointed by the commission shall serve as vice-chairperson. Members of\nthe racing safety committee shall have equal voting rights.\n b. The racing safety committee shall meet within ninety days following\nthe effective date of this subdivision to review and discuss the\nimplementation of the recommendations contained in the risk management\nreport submitted to the commission by the fund on or about September\nthirtieth, two thousand sixteen. The racing safety committee shall meet\non or after July first, two thousand seventeen, and at least annually\nthereafter, to review the workers' compensation loss information and the\nstatus of safety-related findings and recommendations and to develop an\nannual strategic plan to address identified safety issues.\n c. The members appointed pursuant to subparagraph (iii) and (iv) of\nparagraph a of this subdivision, in consultation with the other members\nof the racing safety committee, shall:\n (i) Within one hundred eighty days following the effective date of\nthis subdivision, for each track, develop safety rules for training\nactivities to be documented and communicated, in both English and\nSpanish, to jockeys, apprentice jockeys, and exercise persons licensed\npursuant to this article or article four of this chapter who are\nemployees under section two of the workers' compensation law, and at the\nelection of the fund, with the approval of the commission, employees of\nlicensed trainers or owners. Such safety rules shall include, but not be\nlimited to, proper usage of personal protective equipment, required\nresponse to loose horses, prohibition of cell phone use while mounted on\na horse, general requirements for jogging, galloping, breezing, ponying\na horse, and starting gate safety protocols. Refresher training related\nto such safety rules shall be required at the start of each meet.\n (ii) Prior to the start of each meet, following the effective date of\nthis subdivision, meet with trainers or their representatives to discuss\nand address identified safety issues.\n (iii) Within one hundred eighty days following the effective date of\nthis subdivision, for each track, develop a written, documented\nemergency response plan to address response protocols to on-track\naccidents and incidents, which, at a minimum, shall include detailed\ninformation regarding roles and responsibilities for individuals who are\nresponsible for track-related accidents and incidents, including, but\nnot limited to, outriders, emergency medical technicians/paramedics,\nambulance drivers, security, and veterinary staff and clockers.\n (iv) Within two hundred ten days following the effective date of this\nsubdivision, communicate the emergency response plan to all on-track\npersonnel as part of new hire orientation and job assignment.\n (v) Within two hundred ten days following the effective date of this\nsubdivision, and at least once annually thereafter, for each track,\nconduct a mock emergency response drill for on-track accidents prior to\nthe opening of each race meet. Such emergency response drill shall be\nfilmed and used for education and training purposes for personnel,\nincluding in new hire orientation, and to assess the performance of\nindividuals involved in the emergency response.\n (vi) Within one hundred eighty days following the effective date of\nthis subdivision, upgrade the current level of emergency medical\nresponders from emergency medical technicians to paramedics.\n 14. The fund and the commission shall have such power as is necessary\nto implement the provisions of this section.\n