Bill Text: NY S03982 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes officers and owners of harness tracks to enter or drive horses they own at the race track they are licensed to operate, under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03982 Detail]
Download: New_York-2011-S03982-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3982
2011-2012 Regular Sessions
I N S E N A T E
March 11, 2011
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to authorizing officers, owners and members of an association
or corporation licensed to conduct harness race meetings to enter a
horse owned by such individual in a race at any such meeting; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby enacts this act
2 to establish a pilot program authorizing individuals having an ownership
3 interest in a harness race track to enter horses that they have an
4 ownership interest in at race meets conducted at such harness race track
5 or to drive such horses. This practice is allowed for thoroughbred
6 horses, but not for the standardbred horses used in harness racing.
7 While authorizing harness track owners to enter their horses at meets
8 conducted at their track, this act provides safeguards to ensure that
9 all races are conducted in an equitable and fair manner.
10 S 2. Section 309 of the racing, pari-mutuel wagering and breeding law
11 is amended by adding a new subdivision 1-a to read as follows:
12 1-A. NOTWITHSTANDING THE PROVISION OF ANY RULE OR REGULATION PROMUL-
13 GATED BY THE STATE RACING AND WAGERING BOARD, AN OFFICER, DIRECTOR,
14 EXECUTIVE, MEMBER OR THE OWNER OF TWENTY-FIVE PERCENT OR MORE OF THE
15 STOCK OF ANY ASSOCIATION OR CORPORATION LICENSED TO CONDUCT HARNESS RACE
16 MEETINGS, OR SPOUSE THEREOF, MAY ENTER OR DRIVE A HORSE IN WHICH HE OR
17 SHE HAS A BENEFICIAL INTEREST (HEREINAFTER REFERRED TO IN THIS SUBDIVI-
18 SION AS A "BENEFICIAL HORSE OWNER") IN RACES CONDUCTED AT SUCH HARNESS
19 RACE MEETINGS AS PROVIDED FOR PURSUANT TO THIS PILOT DEMONSTRATION
20 PROGRAM. THIS PILOT DEMONSTRATION PROGRAM SHALL BE PERMITTED AT ALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07628-01-1
S. 3982 2
1 LICENSED HARNESS TRACKS, SUBJECT TO THE APPROVAL OF SUCH TRACK'S CERTI-
2 FIED HORSE OWNERS ASSOCIATION.
3 A BENEFICIAL HORSE OWNER MAY ENTER OR DRIVE HIS OR HER HORSE AT SUCH
4 TRACK IF SUCH OWNER IS LICENSED AS AN OWNER OR DRIVER PURSUANT TO THIS
5 SECTION. SUCH OWNER MAY ENTER NOT MORE THAN FIFTY ENTRIES OF DIFFERENT
6 HORSES AT RACE MEETINGS CONDUCTED DURING EACH CALENDAR YEAR.
7 SUCH RIGHT OF A BENEFICIAL HORSE OWNER TO PARTICIPATE IN RACE MEETINGS
8 AT SUCH TRACK MAY BE RESCINDED FOR A PERIOD OF UP TO ONE YEAR UPON A
9 FINDING THAT THERE HAS BEEN ABUSE BY SUCH OWNER OF SUCH RIGHT TO PARTIC-
10 IPATE IN SUCH MEETINGS. THE RECISION OF THE RIGHT TO RACE AT SUCH TRACK
11 SHALL BE IN THE DISCRETION OF THE TRACK'S CERTIFIED HORSE OWNERS ASSOCI-
12 ATION, BASED ON SUBSTANTIAL EVIDENCE THAT SUCH BENEFICIAL OWNER COMMIT-
13 TED FRAUDULENT ACTS; ACTS OF MISREPRESENTATION, BOOKMAKING OR OTHER
14 FORMS OF ILLEGAL GAMBLING; EXERCISED UNDUE INFLUENCE IN SETTING STAND-
15 ARDS OR QUALIFICATIONS FOR PARTICIPATING HORSES AT SUCH RACE MEETINGS;
16 COMMITTED OTHER ACTS AGAINST THE PUBLIC INTEREST, CONVENIENCE AND NECES-
17 SITY, AND THE BEST INTERESTS OF RACING; OR EXERCISED UNDUE INFLUENCE ON
18 THE CONDUCT AND JUDGING OF SUCH RACES.
19 PENDING A FINAL DETERMINATION BY THE HORSE OWNERS ASSOCIATION, THE
20 BENEFICIAL HORSE OWNER SHALL NOT BE PERMITTED TO RACE HORSES AT SUCH
21 TRACK. THE HORSE OWNERS ASSOCIATION PRELIMINARY DETERMINATION SHALL NOT
22 BE SUBJECT TO JUDICIAL REVIEW OR RELIEF OF ANY KIND.
23 WITHIN FIVE DAYS OF SUCH AN INITIAL DETERMINATION BY THE HORSE OWNERS
24 ASSOCIATION, RESCINDING OR WITHDRAWING CONSENT, THE AGGRIEVED PARTY AND
25 SUCH ASSOCIATION SHALL SELECT BY LOT THE NAMES OF ELEVEN NON-DIRECTOR
26 HORSEMEN ASSOCIATION MEMBERS. STARTING WITH THE HORSE OWNERS ASSOCI-
27 ATION, SUCH ASSOCIATION AND THE AGGRIEVED PARTY SHALL EACH ALTERNATELY
28 EXCLUDE ONE SUCH MEMBER UNTIL ONLY THREE REMAIN. THE REMAINING THREE
29 MEMBERS SHALL MEET TO CONDUCT A HEARING WITHIN THREE BUSINESS DAYS OF
30 THEIR APPOINTMENT, AND SHALL AFFORD EACH PARTY THE RIGHT TO PRESENT
31 EVIDENCE, WITH NO FORMAL RULES OF EVIDENCE TO BE APPLIED. UPON THE
32 CONCLUSION OF SUCH HEARING, SUCH MEMBERS SHALL DECIDE WHETHER THE
33 RESCISSION OR WITHDRAWAL OF CONSENT IS TO BE VACATED, SUSTAINED OR
34 AMENDED IN ANY WAY. SUCH DECISION SHALL BE BY MAJORITY VOTE OF THE
35 THREE MEMBERS. THERE SHALL BE NO LOSS OF PRIVILEGES OR BENEFITS TO ANY
36 MEMBER OF SUCH PANEL BASED UPON HIS OR HER PARTICIPATION IN A HEARING OR
37 DECISION PURSUANT TO THIS SUBDIVISION.
38 S 3. This act shall take effect immediately, and shall expire and be
39 deemed repealed three years after such effective date.
