SENATE, No. 2290

STATE OF NEW JERSEY

INTRODUCED DECEMBER 1, 1997

By Senators PALAIA and CODEY

An Act concerning workers' compensation coverage provided through the New Jersey Horse Racing Injury Compensation Board and amending P.L.1995, c.329.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1995, c.329 (C.34:15-131) is amended to read as follows:

    3.    As used in this act:

    "Board" means the New Jersey Horse Racing Injury Compensation Board established by section 4 of this act.

    "Commission" means the New Jersey Racing Commission established pursuant to section 1 of P.L.1940, c.17 (C.5:5-22).

    "Horse racing industry employee" means a jockey, jockey apprentice, exercise rider, driver, [and] driver-trainer, assistant trainer, stable employee, or any other person licensed by the commission, who is an employee of an owner or a trainer and engaged in performing services for an owner or a trainer in connection with the exercising or racing of a horse in New Jersey. In addition, a trainer who otherwise would be considered an employee of the owner pursuant to R.S.34:15-1 et seq. is a horse racing industry employee for the purposes of this act.

(cf: P.L.1995, c.329, s.3)

    2. Section 6 of P.L.1995, c.329 (C.34:15-134) is amended to read as follows:

    6. a. The board shall secure workers' compensation insurance coverage for horse racing industry employees.

    b.    The board shall assess and collect sufficient funds to pay the costs of the insurance or self insurance coverage required by this act and by the workers' compensation laws of this State and to pay any additional costs necessary to carry out its other duties. The board shall ascertain the total funding necessary, establish the sums that are to be paid and establish by regulation the method of assessing and collecting these moneys. Owners and trainers shall be assessed separately for the cost of insurance or self-insurance attributable to the respective horse racing industry employees of owners and trainers. Assessments to pay the cost of insurance or self-insurance attributable to horse racing industry employees employed by owners shall include, but shall not be limited to, deductions from gross overnight purses paid to owners, so long as such deductions do not exceed 3% of such purses, and additional assessments may be collected from horse owners as needed. Track owners shall not be assessed for such costs.

    c.    Assessments for workers' compensation insurance coverage pursuant to this act shall be calculated and allocated separately for the thoroughbred and standardbred industries, based on their respective loss experience, and any assessments pursuant to subsection b. of this section shall be allocated accordingly. No public funds, other than the moneys collected pursuant to subsection b. of this section, shall be used for the purpose of self insurance or for paying the costs of workers' compensation insurance or workers' compensation benefits pursuant to this act.

(cf: P.L.1995, c.329, s.6)

    3. Section 7 of P.L.1995, c.329 (C.34:15-135) is amended to read as follows:

    7. a. For the purposes of this act and R.S.34:15-36, a horse racing industry employee shall be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board and in the employment of all owners or of all trainers, as appropriate, who are licensed or required to be licensed by the commission at the time of any occurrence for which workers' compensation benefits are payable pursuant to R.S.34:15-1 et seq. as supplemented by this act, and not solely in the employment of a particular owner or of a particular trainer. A horse racing industry employee shall not be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board for any other purpose.

    b.    For the purposes of this act and R.S.34:15-36, the New Jersey Horse Racing Injury Compensation Board and all owners or all trainers, as appropriate, who are licensed or required to be licensed by the commission shall be deemed the employer of a horse racing industry employee at the time of any event for which workers' compensation benefits are payable pursuant to R.S.34:15-1 et seq. as supplemented by this act. The New Jersey Racing Injury Compensation Board shall not be deemed the employer of a horse racing industry employee for any other purpose.

    c.    With respect to horse racing industry employees, the requirements of R.S.34:15-1 et seq. regarding the provision of workers' compensation insurance by employers are satisfied in full by compliance with the requirements imposed upon owners and upon trainers by this act and any rules or regulations promulgated hereunder. If the responsible owner or trainer fails to comply with the requirements of this act or any rules or regulations promulgated hereunder and if the board is still required to pay the award on behalf of that owner or trainer who has been found to have violated this act or any rule or regulation promulgated hereunder, then the board shall be entitled to collect from that owner or trainer any assessment which was not paid but which should have been paid by that owner or trainer as provided by this act.

    d. The provisions of this act shall not apply to employees of an owner or a trainer who are not horse racing industry employees. To the extent that a horse racing industry employee is also covered by duplicate coverage procured pursuant to another policy of workers' compensation insurance, the coverage procured by the board pursuant to this act shall be considered primary.

(cf: P.L.1995, c.329, s.7)

    4. This act shall take effect immediately.

STATEMENT

    The New Jersey Horse Racing Injury Compensation Board was established by P.L.1995, c.329 (C.34:15-129 et seq.) to provide workers' compensation insurance coverage to certain racing industry employees (jockeys, apprentice jockeys, exercise riders, drivers and driver-trainers) employed by horse owners. The law addressed difficulties which, due to the unique nature of the racing industry, had arisen in regard to providing coverage to these employees.

    This bill would extend the coverage provided through the board to additional backstretch employees by requiring the board to also cover an assistant trainer, stable employee, or any other person licensed by the New Jersey Racing Commission, who is the employee of an owner or a trainer and engaged in performing services in connection with the exercising or racing of a horse in New Jersey. Owners and trainers would be assessed separately for the cost of insurance or self-insurance attributable to the respective employees of owners and trainers. The thoroughbred and standardbred industries would continue to be assessed separately.

Extends workers' compensation coverage provided through the New Jersey Horse Racing Injury Compensation Board to additional backstretch employees.