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NEWS AND NOTES SUPPORT BILLS A10309 AND S7072 WE HAVE A CHANCE RIGHT NOW TO CORRECT THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO THE HARNESS RACING INDUSTRY. THE EMPIRE STATE HARNESS HORSEMEN'S ALLIANCE HAS COLLECTIVELY RETAINED COUNSEL AND DRAFTED THE NECESSARY LANGUAGE TO FIX THE PROBLEMS WITHIN THE CURRENT LAW AND PERSUADED THE STATE ASSEMBLE AND SENATE TO INTRODUCE OUR LEGISLATIVE CHANGES. THESE CHANGES ARE NOW EMBODIED IN BILL NUMBERS A 10309 AND S 7072. THE REST IS UP TO YOU AND EVERYONE ELSE INVOLVED IN OUR INDUSTRY. YOU MUST CONTACT YOUR LOCAL ASSEMBLYMAN/ASSEMBLEWOMAN AND YOUR LOCAL STATE SENATOR BY LETTER, E-MAIL, FAX OR PHONE. THIS IS NOT A HIGH PRIORITY ITEM IN ALBANY WHICH IS WHY THEY MUST BE CONTACTED BY LARGE NUMBERS OF PEOPLE. ASK YOUR FAMILY, FRIENDS, NEIGHBORS, THOSE IN ANY GROUPS TO WHICH YOU BELONG TO JOIN IN AND WRITE OR CALL. IF YOU NEED HELP LOCATING YOUR LEGISLATOR, GO TO www.state.ny.us. WE HAVE SUBMITTED A PROPOSAL THAT ADDS THE FOLLOWING FIVE EXEMPTIONS TO THE EXISTING WORKERS' COMPENSATION LAW: 1. CATCH DRIVERS 2. TEMPORARY DESIGNATED TRAINERS 3. SHIPPERS 4. FARRIORS 5. VETERINARIANS IF THESE EXEMPTIONS ARE APPROVED THEY WOULD ALSO NOW BE STATUTORILY CONSIDERED INDEPENDENT CONTRACTORS AND THEIR FEES COULD NOT BE ADDED TO YOUR PAYROLL. ALL OF OUR PROPOSED EXEMPTIONS FALL OUTSIDE OF THE LEGAL EMPLOYER-EMPLOYEE RELATIONSHIP DEFINITION. THE CATCH DRIVER IS FREE TO ACCEPT OR DECLINE REQUESTS TO DRIVE HORSES; FURNISHED HIS/HER OWN EQUIPMENT; AND PAYS HIS/HERS OWN EXPENSES. THE DISIGNATED TRAINER ASSERTS NO MEANINGFUL CONTROL OVER THE SERVICES BEING PROVIDED BY THE GROOM; HAS NO FINANCAIL OR MEANINGFUL EMPLOYMENT RELATIONSHIP WITH GROOM. PROVIDES TO EQUIPMENT OR SUPPLIES TO THE GROOM AND DOES NOT COMPENSATE THE GROOM. THE SHIPPER, FARRIER AND VETERINARIAN ALL ARE COMPENSATED PURSUANT TO A NEGOTIATED FEE AND SUCH FEE IS NOT RELATED TO HOURS WORKED; THEY ARE ALL FREE TO PROVIDE SERVICES TO CUSTOMERS OF THEIR CHOICE; ALL ARE RESPONSIBLE FOR THE OWN EXPENSES AND EQUIPMENT; AND ALL ARE FREE TO TERMINATE SERVICES AT ANY TIME. USE YOUR OWN EXPERIENCES WITH WORKER'S COMPENSATION NIGHTMARES IF YOU'VE HAD ANY. CONCENTRATE ON DRIVERS FEES, OR DESIGNATED TRAINERS, OR SHIPPERS, FARRIERS, OR AND INDEPENDENT CONTRACTORS. PLEASE DO YOUR PART. LET'S STOP THE STATE INSURANCE FUND FROM WINDING UP WITH YOUR HARD EARNED DOLLARS. WE MAY NEVER HAVE THE CHANGE AGAIN. REMEMBER, ASK YOUR LEGISLATORS TO SUPPORT BILLS: A 10309 AND S 7072. GOVERNOR DAVID PATERSON - STATE CAPITOL - ALBANY, N.Y. 12224 (518-474-8390 *************************************************************************** ITEM OF NOTE FROM THE STATE OF NEW YORK RACING AND WAGERING BOARD THE STATE OF NEW YORK RACING AND WAGERING BOARD APPROVED THE FEB. 12, 2010 APPLICATION FROM AMERICAN RACING-TIOGA DOWNS, INC. TO CHANGE THE PARI-MUTUAL TAKE-OUT RATES, EFFECTIVE APRIL 1, 2010. THE TAKEOUT FOR THE WIN, PLACE, SHOW - PARIMUTUAL POOLS WILL BE 15%. THE TAKEOUT FOR THE EXACTA AND DOUBLE PARI-MUTUEL POOLS WILL BE 17%. THE TAKEOUT FOR ALL POOLS OTHER THAN THOSE NAMED, WILL BE 21%..
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