3574

LAWS OF MARYLAND

Ch. 757

(2) ALL ASSESSMENTS COLLECTED BY THE COMMISSION UNDER
THIS SECTION SHALL BE TRANSFERRED TO THE FUND AND SHALL BE USED
BY THE FUND TO PURCHASE THE WORKMEN'S COMPENSATION INSURANCE FOR
JOCKEYS AND TO ADMINISTER THE WORKMEN'S COMPENSATION PROGRAM FOR
JOCKEYS REQUIRED BY THIS SECTION AND ARTICLE 101 OF THE CODE.

(D) THE FUND SHALL BE MANAGED BY A THREE-MEMBER BOARD, OF
DIRECTORS WHO SHALL BE APPOINTED BY, AND SERVE AT THE PLEASURE
OF, THE SECRETARY OF LICENSING AND REGULATION, AND WHO SHALL POST
ANY BOND REQUIRED BY THE SECRETARY.

(E) THE FUND SHALL HAVE SUCH AUTHORITY AS IS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.

(F) THE LICENSE OF ANY OWNER OR TRAINER WHO FAILS TO PAY
THE ASSESSMENT LEVIED PURSUANT TO THIS SECTION:

(1) SHALL BE REVOKED OR SUSPENDED; AND

(2) MAY NOT BE REINSTATED OR RENEWED DURING THE
PERIOD OF THE DEFAULT.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:

Article 101 - Workmen's Compensation

21.

(D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE,
THE FOLLOWING PROVISIONS APPLY TO ANY JOCKEY LICENSED BY THE
MARYLAND RACING COMMISSION TO RIDE THOROUGHBRED RACE HORSES:

(1) A JOCKEY IS CONSIDERED, UNDER THE WORKMEN'S
COMPENSATION LAW OF MARYLAND, TO BE AN EMPLOYEE OF THE LICENSED
OWNER OR TRAINER FOR WHOM THE JOCKEY IS RENDERING WORK OR
SERVICES AT THE TIME THE JOCKEY SUFFERS AN ACCIDENTAL INJURY, OR
OCCUPATIONAL DISEASE, AND IS NOT CONSIDERED A CASUAL EMPLOYEE OR

INDEPENDENT CONTRACTOR. THE OWNERS AND TRAINERS MAY NOT BE

REQUIRED TO PROVIDE COMPENSATION COVERAGE FOR ANY JOCKEYS UNDER §
16 OF THIS ARTICLE SO LONG ASA SUCH COVERAGE IS PROVIDED ON A
BLANKET BASIS BY THE MARYLAND HORSEMEN'S ASSISTANCE FUN, INC.,
UNDER ARTICLE 78B, § 24(B) OF THE CODE.

(2) THE JOCKEY'S AVERAGE WEEKLY WAGE SHALL BE DEEMED
TO BE THE JOCKEY'S TOTAL AVERAGE WEEKLY EARNINGS AS A JOCKEY FOR
ALL EMPLOYERS.

21.

(D) THIS SUBSECTION APPLIES TO ALL JOCKEYS LICENSED BY THE
MARYLAND RACING COMMISSION TO RIDE THOROUGHBRED HORSES.