2022 New York Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 2 - Thoroughbred Racing and Breeding
228 - Pension Plans for Backstretch Employees.

§ 228. Pension plans for backstretch employees. 1. The commission 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;  if the
  commission finds that participation in the plan by all such  owners  and
  trainers  is  in  the  best interests of racing and further finds, 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 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  twenty-four,
  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 using 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 using the facilities of
  such corporation.
In either case, any other horsemen's organization  may  apply  to  the
  commission  to  be  approved  as  the  qualified organization to receive
  payment of the one percent of all purses by submitting to the commission
  proof of both, that (i) it represents more than fifty-one percent of all
  the  owners  and  trainers  using  the  same  facilities  and  (ii)  the
  horsemen's   organization   previously  approved  as  qualified  by  the
  commission does not represent fifty-one percent of all  the  owners  and
  trainers  using the same facilities. If the commission is satisfied that
  the documentation submitted with the application of any other horsemen's
  organization is conclusive with respect to subparagraphs (i) and (ii) of
  this  paragraph,  the  commission  may  approve  the  applicant  as  the
  qualified recipient organization.
In  the best interests of racing, upon receipt of such an application,
  the commission 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 commission shall
  review  and  approve  or  disapprove the application. Funds held in such
  manner shall be paid to the organization approved by the commission.  In

  no  event  shall the commission accept more than one such application in
  any calendar year from the same horsemen's organization.
The  funds  authorized  to  be  paid  by the commission 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.