2016 New York Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 2 - (Racing, Pari-Mutuel Wagering and Breeding Law) THOROUGHBRED RACING AND BREEDING
228 - Pension plans for backstretch employees.

  228.  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 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  New  York  state  gaming  commission shall, as a condition of
  racing, require any franchised corporation and every  other  corporation
  subject  to  its  jurisdiction  to  withhold  one percent of all purses,
  except that for the franchised corporation, starting on September first,
  two thousand seven  and  continuing  through  August  thirty-first,  two
  thousand seventeen, two percent of all purses shall be withheld, and, in
  the  case  of  the  franchised  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  commission  adopted  effective  November  third,  nineteen  hundred
  eighty-three  representing  at least fifty-one percent of the owners and
  trainers utilizing the facilities of such franchised corporation, on the
  condition that such horsemen's organization shall expend as much  as  is
  necessary,  but not to exceed one-half of one percent of such total sum,
  to acquire and maintain the equipment required to establish a program at
  a state college within  this  state  with  an  approved  equine  science
  program to test for the presence of steroids in horses, provided further
  that  the  qualified  organization  shall  also,  in  an  amount  to  be
  determined  by  its  board  of  directors,  annually  include   in   its
  expenditures  for benevolence programs, funds to support an organization
  providing services necessary to backstretch employees, and, in the  case
  of every other corporation, to pay such one percent sum of purses 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  commission  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 items (i) and (ii) of this paragraph, 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.