In this subtitle, “Jockey Fund” means the Maryland Jockey Injury Compensation Fund, Inc.

There is a Maryland Jockey Injury Compensation Fund, Inc., established as a nonprofit corporation in the Department. The membership of the Maryland Jockey Injury Compensation Fund, Inc., shall consist of each licensed owner and trainer who is subject to assessment under this title.

The Jockey Fund shall get workers’ compensation insurance on a blanket basis for all jockeys who are covered employees under § 9-212 of the Labor and Employment Article.

The Jockey Fund shall be managed by a Board of Directors. The Board of Directors of the Jockey Fund consists of the members of the Commission. The Board of Directors shall carry out this part.

The Jockey Fund shall use the moneys paid to it under this part to: get workers’ compensation insurance for jockeys; and administer the workers’ compensation program for jockeys that is required under this subtitle and the Maryland Workers’ Compensation Act. The liability of the Jockey Fund under the Maryland Workers’ Compensation Act is limited to: providing workers’ compensation insurance; and paying any penalty that results from a failure to provide the insurance.

The Commission shall assess each licensed owner and licensed trainer of a thoroughbred horse an amount sufficient to pay the cost of workers’ compensation insurance that the Jockey Fund gets. The Commission shall pay each assessment that the Commission collects under this subsection to the Jockey Fund. The Commission shall suspend or revoke the license of each owner or trainer who fails to pay the assessment under subsection (a)(1) of this section. The Commission may not reinstate or renew the license of the owner or trainer during the period of default.

There is a Maryland Standardbred Horsemen’s Assistance Fund, Inc., and a Maryland Horsemen’s Assistance Fund, Inc. The clerk of the course at each thoroughbred track and at each harness track shall: collect each overpayment on a tote machine and each fine and penalty that is not imposed on a licensee; and pay that money to the Commission within 10 days after the close of each race meeting. The Commission shall pay the money collected under subsection (b) of this section from each harness track to the Maryland Standardbred Horsemen’s Assistance Fund, Inc., and the money collected from each thoroughbred track to the Maryland Horsemen’s Assistance Fund, Inc., on or before December 31 of each year, if the Commission is satisfied that: the recipient fund is operated entirely for the charitable purposes consistent with the interests of racing; and money that the Commission sends to a recipient fund or net earnings of a recipient fund is not used for the benefit of a director, member, or officer of that fund, or for the benefit of any private individual who is not an object of the charitable purposes of that fund.