US Laws, Codes, Statutes & Cases

 
    §  221.  Pension  plans for backstretch employees. 1. The state racing
  and wagering board may, as a condition of racing, require  all  trainers
  and  owners  engaged  in  racing  at  meetings  of  any  association  or
  corporation subject to its jurisdiction to participate in a pension plan
  or trust established, or which  may  be  established,  by  trainers  and
  owners  for  the  benefit  of  stable  employees  (backstretch  workers)
  regularly employed at such meetings; provided that the board shall  find
  that participation in the plan by all such owners and trainers is in the
  best  interests  of  racing  and provided, further, that the board shall
  find, based upon certification by the trustees of  such  plan,  that  at
  least  eighty percent of such trainers and owners have agreed in writing
  to participate, or are, in fact, participating therein.
    2. The state racing and  wagering  board  shall,  as  a  condition  of
  racing,  require  any  non-profit  racing  association  and  every other
  corporation or association subject to its jurisdiction to  withhold  one
  percent  of  all purses and, in the case of a non-profit association, to
  pay such sum to the horsemen's organization or its  successor  that  was
  first   entitled  to  receive  payments  pursuant  to  this  section  in
  accordance with rules of the board  adopted  effective  November  third,
  nineteen hundred eighty-three representing at least fifty-one percent of
  the  owners  and  trainers  utilizing the facilities of such association
  and, in the case of every other corporation, to  pay  such  sum  to  the
  horsemen's  organization  or  its  successor  that was first entitled to
  receive payments pursuant to this section in accordance  with  rules  of
  the   board   adopted   effective  May  twenty-third,  nineteen  hundred
  eighty-six representing at least fifty-one percent  of  the  owners  and
  trainers utilizing the facilities of such corporation.
    In  either  case,  any  other horsemen's organization may apply to the
  board to be approved as the qualified organization to receive payment of
  the one percent of all purses by submitting to the board proof of  both,
  that (i) it represents more than fifty-one percent of all the owners and
  trainers   utilizing   the  same  facilities  and  (ii)  the  horsemen's
  organization previously approved as qualified  by  the  board  does  not
  represent fifty-one percent of all the owners and trainers utilizing the
  same  facilities.  If  the  board  is  satisfied  that the documentation
  submitted with the application of any other horsemen's  organization  is
  conclusive  with  respect  to  (i)  and  (ii)  above, it may approve the
  applicant as the qualified recipient organization.
    In the best interests of racing, upon receipt of such an  application,
  the board may direct the payments to the previously qualified horsemen's
  organization to continue uninterrupted, or it may direct the payments to
  be  withheld and placed in interest-bearing accounts for a period not to
  exceed ninety days, during which time the board shall review and approve
  or disapprove the application. Funds held in such manner shall  be  paid
  to  the  organization approved by the board. In no event shall the board
  accept more than one such application in any calendar year from the same
  horsemen's organization.
    The funds  authorized  to  be  paid  by  the  board  are  to  be  used
  exclusively  for  the benefit of those horsemen racing in New York state
  through the administrative  purposes  of  such  qualified  organization,
  benevolent  activities  on  behalf of backstretch employees, and for the
  promotion of equine research.