S T A T E O F N E W Y O R K
________________________________________________________________________
937
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring racetracks eligible for video lottery gaming to
enter into binding contracts with its horsemen's association and the
appropriate breeding fund and providing for binding arbitration in
negotiations between such racetracks and the representative horsemen's
associations and breeding funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The racing, pari-mutuel wagering and breeding law is
amended by adding a new section 207-a to read as follows:
S 207-A. CONTRACT WITH HORSEMEN'S ASSOCIATION. 1. EVERY CORPORATION
OR RACING ASSOCIATION FORMED PURSUANT TO SECTION TWO HUNDRED THREE OF
THIS ARTICLE, WHICH INTENDS TO BE, IS OR INTENDS TO CONTINUE TO BE
LICENSED TO OPERATE VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN
HUNDRED SEVENTEEN-A OF THE TAX LAW, SHALL ENTER INTO AND REMAIN A PARTY
TO A BINDING CONTRACT WITH ITS REPRESENTATIVE HORSEMEN'S ASSOCIATION AND
THE APPROPRIATE BREEDING FUND, WHICH CONTRACT SHALL GOVERN THE TERMS,
CONDITIONS AND FINANCIAL COMPENSATION OF THE HORSEMEN'S ASSOCIATION AND
THE APPROPRIATE BREEDING FUND THAT PARTICIPATE IN RACING EVENTS
CONDUCTED AT THE RACETRACK OPERATED BY THE CORPORATION OR RACING ASSOCI-
ATION.
2. IN THE EVENT A CORPORATION OR RACING ASSOCIATION FORMED PURSUANT TO
SECTION TWO HUNDRED THREE OF THIS ARTICLE AND WHICH IS LICENSED TO OPER-
ATE VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A
OF THE TAX LAW, AND THE HORSEMEN'S ASSOCIATION FOR THE RACETRACK OPER-
ATED BY SUCH CORPORATION OR ASSOCIATION FAIL TO AGREE TO THE TERMS OF
ANY CONTRACT, NECESSARY FOR THE CONTINUED LICENSURE OF SUCH RACETRACK
AND TO OPERATE VIDEO LOTTERY GAMING AT SUCH RACETRACK PURSUANT TO ARTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01086-01-9
A. 937 2
CLE THIRTY-FOUR OF THE TAX LAW, THE UNRESOLVED TERMS OF SUCH CONTRACT
SHALL BE REFERRED NOT LESS THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF
THE EXISTING CONTRACT TO AN INDEPENDENT ARBITRATOR APPOINTED BY THE
CHAIRMAN OF THE STATE RACING AND WAGERING BOARD FOR BINDING ARBITRATION.
SUCH CHAIRMAN SHALL SUBMIT THE NAMES OF THREE ARBITRATION CANDIDATES TO
THE CORPORATION OR ASSOCIATION OPERATING SUCH RACETRACK AND THE
HORSEMEN'S ASSOCIATION. SUCH ARBITRATION CANDIDATES MAY BE EMPLOYEES OF
THE RACING AND WAGERING BOARD. THE RACETRACK OPERATOR AND HORSEMEN'S
ASSOCIATION SHALL RANK, BY PREFERENCE, THE THREE CANDIDATES AS THEIR
FIRST, SECOND AND THIRD CHOICES. THE CHAIRMAN OF THE STATE RACING AND
WAGERING BOARD SHALL APPOINT AS THE INDEPENDENT ARBITRATOR, THE CANDI-
DATE WITH THE HIGHEST COMBINED RATING FROM THE RACETRACK OPERATOR AND
THE HORSEMEN'S ASSOCIATION. IF THERE SHALL BE A TIE IN THE HIGHEST
COMBINED RATING OF CANDIDATES, THE CHAIRMAN OF THE STATE RACING AND
WAGERING BOARD SHALL APPOINT THE INDEPENDENT ARBITRATOR FROM AMONG THE
CANDIDATES WITH THE HIGHEST COMBINED RATING. ONCE A REQUEST FOR ARBI-
TRATION HAS BEEN SUBMITTED TO THE STATE RACING AND WAGERING BOARD BY
ONE OF THE PARTIES, THE CHAIRMAN OF SUCH BOARD SHALL SUBMIT NAMES OF
ARBITRATOR CANDIDATES TO THE OPPOSING PARTIES WITHIN SEVEN DAYS, AND
SUCH PARTIES SHALL SUBMIT THEIR RANKING WITHIN FIVE DAYS OF RECEIPT OF
THE NAMES OF CANDIDATES. THE CHAIRMAN OF THE STATE RACING AND WAGERING
BOARD SHALL, WITHIN FOURTEEN DAYS AFTER A REQUEST FOR ARBITRATION IS
SUBMITTED, APPOINT THE INDEPENDENT ARBITRATOR, REGARDLESS OF WHETHER THE
PARTIES HAVE SUBMITTED THEIR RANKINGS OF CANDIDATES. IF THE INDEPENDENT
ARBITRATOR FAILS TO RESOLVE THE DISPUTED TERMS ON OR BEFORE THE EXPIRA-
TION OF THE EXISTING CONTRACT, SUCH EXISTING CONTRACT SHALL REMAIN IN
FULL FORCE AND EFFECT UNTIL THE INDEPENDENT ARBITRATOR RESOLVES ALL
DISPUTED ISSUES. UNDER NO CIRCUMSTANCES SHALL AN INDEPENDENT ARBITRATOR
COMPLETE THE BINDING RESOLUTION OF ALL DISPUTED TERMS MORE THAN THIRTY
DAYS AFTER THE EXPIRATION OF AN EXISTING CONTRACT BETWEEN THE CORPO-
RATION OR RACING ASSOCIATION AND THE HORSEMEN'S ASSOCIATION. THE RESOL-
UTION OF ALL DISPUTED TERMS MADE BY THE INDEPENDENT ARBITRATOR SHALL BE
FINAL AND SHALL BE BINDING UPON ALL PARTIES. PROVIDED, THAT EITHER OF
THE PARTIES MAY SEEK EXPEDITED REVIEW OF THE FINAL ORDER OF THE INDE-
PENDENT ARBITRATOR IN THE SUPREME COURT OF THE COUNTY WHERE THE RACE-
TRACK IS LOCATED PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE
CIVIL PRACTICE LAW AND RULES. THE JURISDICTION OF THE SUPREME COURT
SHALL BE EXCLUSIVE AND ITS JUDGMENT AND DECREE SHALL BE FINAL, EXCEPT
THAT APPEALS SHALL LIE TO THE APPELLATE DIVISION OF SUCH COURT AND TO
THE COURT OF APPEALS, IN THE MANNER AND SUBJECT TO THE LIMITATIONS
PROVIDED IN THE CIVIL PRACTICE LAW AND RULES IRRESPECTIVE OF THE NATURE
OF THE DECREE OR JUDGMENT OR THE AMOUNT INVOLVED.
S 2. The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 307-a to read as follows:
S 307-A. CONTRACT WITH HORSEMEN'S ASSOCIATION. 1. EVERY ASSOCIATION
OR CORPORATION LICENSED TO CONDUCT HARNESS RACE MEETINGS, WHICH INTENDS
TO BE, IS OR INTENDS TO CONTINUE TO BE LICENSED TO OPERATE VIDEO LOTTERY
GAMING PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW,
SHALL ENTER INTO AND REMAIN A PARTY TO A BINDING CONTRACT WITH ITS
REPRESENTATIVE HORSEMEN'S ASSOCIATION AND THE APPROPRIATE BREEDING FUND,
WHICH CONTRACT SHALL GOVERN THE TERMS, CONDITIONS AND FINANCIAL COMPEN-
SATION OF THE HORSEMEN'S ASSOCIATION AND THE APPROPRIATE BREEDING FUND
THAT PARTICIPATE IN RACING EVENTS CONDUCTED AT THE RACETRACK OPERATED BY
THE ASSOCIATION OR CORPORATION LICENSED TO CONDUCT HARNESS RACE MEET-
INGS.
A. 937 3
2. IN THE EVENT AN ASSOCIATION OR CORPORATION LICENSED TO CONDUCT
HARNESS RACE MEETINGS WHICH HOLD A LICENSE TO OPERATE VIDEO LOTTERY
GAMING PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW
AND THE HORSEMEN'S ASSOCIATION FOR THE RACETRACK OPERATED BY SUCH ASSO-
CIATION OR CORPORATION FAIL TO AGREE TO THE TERMS OF ANY CONTRACT,
NECESSARY FOR THE CONTINUED LICENSURE OF SUCH ASSOCIATION OR CORPORATION
AND THE OPERATION OF VIDEO LOTTERY GAMING AT SUCH RACETRACK PURSUANT TO
ARTICLE THIRTY-FOUR OF THE TAX LAW, THE UNRESOLVED TERMS OF SUCH
CONTRACT SHALL BE REFERRED NOT LESS THAN THIRTY DAYS PRIOR TO THE EXPI-
RATION OF THE EXISTING CONTRACT TO AN INDEPENDENT ARBITRATOR APPOINTED
BY THE CHAIRMAN OF THE STATE RACING AND WAGERING BOARD FOR BINDING ARBI-
TRATION. SUCH CHAIRMAN SHALL SUBMIT THE NAMES OF THREE ARBITRATION
CANDIDATES TO THE CORPORATION OR ASSOCIATION OPERATING SUCH RACETRACK
AND THE HORSEMEN'S ASSOCIATION. SUCH ARBITRATION CANDIDATES MAY BE
EMPLOYEES OF THE RACING AND WAGERING BOARD. THE RACETRACK OPERATOR AND
HORSEMEN'S ASSOCIATION SHALL RANK, BY PREFERENCE, THE THREE CANDIDATES
AS THEIR FIRST, SECOND AND THIRD CHOICES. THE CHAIRMAN OF THE STATE
RACING AND WAGERING BOARD SHALL APPOINT AS THE INDEPENDENT ARBITRATOR,
THE CANDIDATE WITH THE HIGHEST COMBINED RATING FROM THE RACETRACK OPERA-
TOR AND THE HORSEMEN'S ASSOCIATION. IF THERE SHALL BE A TIE IN THE HIGH-
EST COMBINED RATING OF CANDIDATES, THE CHAIRMAN OF THE STATE RACING AND
WAGERING BOARD SHALL APPOINT THE INDEPENDENT ARBITRATOR FROM AMONG THE
CANDIDATES WITH THE HIGHEST COMBINED RATING. ONCE A REQUEST FOR ARBI-
TRATION HAS BEEN SUBMITTED TO THE STATE RACING AND WAGERING BOARD BY
ONE OF THE PARTIES, THE CHAIRMAN OF SUCH BOARD SHALL SUBMIT NAMES OF
ARBITRATOR CANDIDATES TO THE OPPOSING PARTIES WITHIN SEVEN DAYS, AND
SUCH PARTIES SHALL SUBMIT THEIR RANKING WITHIN FIVE DAYS OF RECEIPT OF
THE NAMES OF CANDIDATES. THE CHAIRMAN OF THE STATE RACING AND WAGERING
BOARD SHALL, WITHIN FOURTEEN DAYS AFTER A REQUEST FOR ARBITRATION IS
SUBMITTED, APPOINT THE INDEPENDENT ARBITRATOR, REGARDLESS OF WHETHER THE
PARTIES HAVE SUBMITTED THEIR RANKINGS OF CANDIDATES. IF THE INDEPENDENT
ARBITRATOR FAILS TO RESOLVE THE DISPUTED TERMS ON OR BEFORE THE EXPIRA-
TION OF THE EXISTING CONTRACT, SUCH EXISTING CONTRACT SHALL REMAIN IN
FULL FORCE AND EFFECT UNTIL THE INDEPENDENT ARBITRATOR RESOLVES ALL
DISPUTED ISSUES. UNDER NO CIRCUMSTANCES SHALL AN INDEPENDENT ARBITRATOR
COMPLETE THE BINDING RESOLUTION OF ALL DISPUTED TERMS MORE THAN THIRTY
DAYS AFTER THE EXPIRATION OF AN EXISTING CONTRACT BETWEEN SUCH ASSOCI-
ATION OR CORPORATION AND THE HORSEMEN'S ASSOCIATION. THE RESOLUTION OF
ALL DISPUTED TERMS MADE BY THE INDEPENDENT ARBITRATOR SHALL BE FINAL AND
SHALL BE BINDING UPON ALL PARTIES. PROVIDED, THAT EITHER OF THE PARTIES
MAY SEEK EXPEDITED REVIEW OF THE FINAL ORDER OF THE INDEPENDENT ARBITRA-
TOR IN THE SUPREME COURT OF THE COUNTY WHERE THE RACETRACK IS LOCATED
PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE
LAW AND RULES. THE JURISDICTION OF THE SUPREME COURT SHALL BE EXCLUSIVE
AND ITS JUDGMENT AND DECREE SHALL BE FINAL, EXCEPT THAT APPEALS SHALL
LIE TO THE APPELLATE DIVISION OF SUCH COURT AND TO THE COURT OF APPEALS,
IN THE MANNER AND SUBJECT TO THE LIMITATIONS PROVIDED IN THE CIVIL PRAC-
TICE LAW AND RULES IRRESPECTIVE OF THE NATURE OF THE DECREE OR JUDGMENT
OR THE AMOUNT INVOLVED.
S 3. This act shall take effect immediately.