N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 228

§ 228. Pension plans for backstretch employees. 1. The state racing\nand wagering board may, as a condition of racing, require all trainers\nand owners engaged in racing at meetings of any corporation subject to\nits jurisdiction to participate in a pension plan or trust established,\nor which may be established, by trainers and owners for the benefit of\nstable employees (backstretch workers) regularly employed at such\nmeetings; provided that the board shall find that participation in the\nplan by all such owners and trainers is in the best interests of racing\nand provided, further, that the board shall find, based upon\ncertification by the trustees of such plan, that at least eighty percent\nof such trainers and owners have agreed in writing to participate, or\nare, in fact, participating therein.\n 2. The New York state gaming commission shall, as a condition of\nracing, require any franchised corporation and every other corporation\nsubject to its jurisdiction to withhold one percent of all purses,\nexcept that for the franchised corporation, starting on September first,\ntwo thousand seven and continuing through August thirty-first, two\nthousand sixteen, two percent of all purses shall be withheld, and, in\nthe case of the franchised corporation, to pay such sum to the\nhorsemen's organization or its successor that was first entitled to\nreceive payments pursuant to this section in accordance with rules of\nthe commission adopted effective November third, nineteen hundred\neighty-three representing at least fifty-one percent of the owners and\ntrainers utilizing the facilities of such franchised corporation, on the\ncondition that such horsemen's organization shall expend as much as is\nnecessary, but not to exceed one-half of one percent of such total sum,\nto acquire and maintain the equipment required to establish a program at\na state college within this state with an approved equine science\nprogram to test for the presence of steroids in horses, provided further\nthat the qualified organization shall also, in an amount to be\ndetermined by its board of directors, annually include in its\nexpenditures for benevolence programs, funds to support an organization\nproviding services necessary to backstretch employees, and, in the case\nof every other corporation, to pay such one percent sum of purses to the\nhorsemen's organization or its successor that was first entitled to\nreceive payments pursuant to this section in accordance with rules of\nthe commission adopted effective May twenty-third, nineteen hundred\neighty-six representing at least fifty-one percent of the owners and\ntrainers utilizing the facilities of such corporation.\n In either case, any other horsemen's organization may apply to the\nboard to be approved as the qualified organization to receive payment of\nthe one percent of all purses by submitting to the board proof of both,\nthat (i) it represents more than fifty-one percent of all the owners and\ntrainers utilizing the same facilities and (ii) the horsemen's\norganization previously approved as qualified by the board does not\nrepresent fifty-one percent of all the owners and trainers utilizing the\nsame facilities. If the board is satisfied that the documentation\nsubmitted with the application of any other horsemen's organization is\nconclusive with respect to items (i) and (ii) of this paragraph, it may\napprove the applicant as the qualified recipient organization.\n In the best interests of racing, upon receipt of such an application,\nthe board may direct the payments to the previously qualified horsemen's\norganization to continue uninterrupted, or it may direct the payments to\nbe withheld and placed in interest-bearing accounts for a period not to\nexceed ninety days, during which time the board shall review and approve\nor disapprove the application. Funds held in such manner shall be paid\nto the organization approved by the board. In no event shall the board\naccept more than one such application in any calendar year from the same\nhorsemen's organization.\n The funds authorized to be paid by the board are to be used\nexclusively for the benefit of those horsemen racing in New York state\nthrough the administrative purposes of such qualified organization,\nbenevolent activities on behalf of backstretch employees, and for the\npromotion of equine research.\n