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HARRY HUGHES, Governor 3575
(1) SOLELY FOR THE PURPOSES OF THIS ARTICLE AND
WITHOUT AFFECTING ANY OTHER PROVISION OF LAW OR PRACTICE, A
JOCKEY PERFORMING SERVICES IN CONNECTION WITH THE TRAINING OR
RACING OF A THOROUGHBRED RACE HORSE AT A THOROUGHBRED RACING
ASSOCIATION OR TRAINING FACILITY UNDER THE JURISDICTION OF THE
MARYLAND RACING COMMISSION IS AN EMPLOYEE OF:
(I) THE MARYLAND JOCKEY INJURY COMPENSATION
FUND, INC., ESTABLISHED BY § 32 OF ARTICLE 78B ARTICLE 78B,
SECTION 32 OF THE CODE; AND
(II) ANY LICENSED OWNER OR TRAINER FOR WHOM THE
JOCKEY WAS PERFORMING SERVICES ALL LICENSED OWNERS AND TRAINERS
WHO PAY THE ASSESSMENT LEVIED UNDER ARTICLE 78B, SECTION 32 OF
THE CODE AT THE TIME OF ANY OCCURRENCE FOR WHICH BENEFITS ARE
PAYABLE TO JOCKEYS PURSUANT TO THIS ARTICLE.
(2) THE JOCKEY'S AVERAGE WEEKLY WAGE SHALL BE
COMPUTED IN ACCORDANCE WITH THE OTHER PROVISIONS OF THIS ARTICLE
AND BE BASED UPON ALL OF THE EARNINGS OF THE JOCKEY, AS A JOCKEY,
INCLUDING THOSE DERIVED FROM OUTSIDE THE STATE.
(3) THE REQUIREMENTS OF THIS ARTICLE REGARDING THE
PROVISION OF WORKMEN'S COMPENSATION INSURANCE COVERAGE AS TO ANY
LICENSED OWNER OR TRAINER WHO IS AN EMPLOYER LICENSED OWNERS AND
TRAINERS WHO ARE EMPLOYERS UNDER PARAGRAPH (1)(II) OF THIS
SUBSECTION ARE SATISFIED IN FULL BY COMPLIANCE WITH THE
REQUIREMENTS IMPOSED UPON THAT OWNER OR TRAINER BY § 32 OF
ARTICLE 78B OWNERS AND TRAINERS BY ARTICLE 78B, SECTION 32 OF
THE CODE.
(4) THE LIABILITY OF THE FUND UNDER THIS ARTICLE IS
LIMITED TO THE PROVISION OF WORKMEN'S COMPENSATION INSURANCE
COVERAGE AND ANY SANCTIONS RESULTING FROM THE FAILURE TO SO
PROVIDE.
(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO BAR AN ACTION BY A
JOCKEY AGAINST A THIRD PARTY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of
this Act shall take effect June 1, 1985, and that Section 2 of
this Act shall take effect August 1, 1985 January 1, 1986.
Approved May 28, 1985.
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