Senate Bill S6137

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6137

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 24, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section 1. Legislative intent. The legislature hereby enacts this  act
to establish a pilot program authorizing individuals having an ownership
interest  in  a  harness  race  track  to enter horses that they have an
ownership interest in at race meets conducted at such harness race track
or to drive such horses.   This practice  is  allowed  for  thoroughbred
horses,  but  not  for  the  standardbred horses used in harness racing.
While authorizing harness track owners to enter their  horses  at  meets
conducted  at  their  track, this act provides safeguards to ensure that
all races are conducted in an equitable and fair manner.
  S 2. Section 309 of the racing, pari-mutuel wagering and breeding  law
is amended by adding a new subdivision 1-a to read as follows:
  1-A.  NOTWITHSTANDING  THE PROVISION OF ANY RULE OR REGULATION PROMUL-
GATED BY THE STATE RACING AND  WAGERING  BOARD,  AN  OFFICER,  DIRECTOR,
EXECUTIVE,  MEMBER  OR  THE  OWNER OF TWENTY-FIVE PERCENT OR MORE OF THE
STOCK OF ANY ASSOCIATION OR CORPORATION LICENSED TO CONDUCT HARNESS RACE
MEETINGS, OR SPOUSE THEREOF, MAY ENTER OR DRIVE A HORSE IN WHICH  HE  OR
SHE  HAS A BENEFICIAL INTEREST (HEREINAFTER REFERRED TO IN THIS SUBDIVI-
SION AS A "BENEFICIAL HORSE OWNER") IN RACES CONDUCTED AT  SUCH  HARNESS
RACE  MEETINGS  AS  PROVIDED  FOR  PURSUANT  TO THIS PILOT DEMONSTRATION
PROGRAM. THIS PILOT DEMONSTRATION PROGRAM  SHALL  BE  PERMITTED  AT  ALL
LICENSED  HARNESS TRACKS, SUBJECT TO THE APPROVAL OF SUCH TRACK'S CERTI-
FIED HORSE OWNERS ASSOCIATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09827-02-9
              

S. 6137                             2

  A BENEFICIAL HORSE OWNER MAY ENTER OR DRIVE HIS OR HER HORSE  AT  SUCH
TRACK  IF  SUCH OWNER IS LICENSED AS AN OWNER OR DRIVER PURSUANT TO THIS
SECTION. SUCH OWNER MAY ENTER NOT MORE THAN FIFTY ENTRIES  OF  DIFFERENT
HORSES AT RACE MEETINGS CONDUCTED DURING EACH CALENDAR YEAR.
  SUCH RIGHT OF A BENEFICIAL HORSE OWNER TO PARTICIPATE IN RACE MEETINGS
AT  SUCH  TRACK  MAY  BE RESCINDED FOR A PERIOD OF UP TO ONE YEAR UPON A
FINDING THAT THERE HAS BEEN ABUSE BY SUCH OWNER OF SUCH RIGHT TO PARTIC-
IPATE IN SUCH MEETINGS. THE RECISION OF THE RIGHT TO RACE AT SUCH  TRACK
SHALL BE IN THE DISCRETION OF THE TRACK'S CERTIFIED HORSE OWNERS ASSOCI-
ATION,  BASED ON SUBSTANTIAL EVIDENCE THAT SUCH BENEFICIAL OWNER COMMIT-
TED FRAUDULENT ACTS; ACTS  OF  MISREPRESENTATION,  BOOKMAKING  OR  OTHER
FORMS  OF  ILLEGAL GAMBLING; EXERCISED UNDUE INFLUENCE IN SETTING STAND-
ARDS OR QUALIFICATIONS FOR PARTICIPATING HORSES AT SUCH  RACE  MEETINGS;
COMMITTED OTHER ACTS AGAINST THE PUBLIC INTEREST, CONVENIENCE AND NECES-
SITY,  AND THE BEST INTERESTS OF RACING; OR EXERCISED UNDUE INFLUENCE ON
THE CONDUCT AND JUDGING OF SUCH RACES.
  PENDING A FINAL DETERMINATION BY THE  HORSE  OWNERS  ASSOCIATION,  THE
BENEFICIAL  HORSE  OWNER  SHALL  NOT BE PERMITTED TO RACE HORSES AT SUCH
TRACK. THE HORSE OWNERS ASSOCIATION PRELIMINARY DETERMINATION SHALL  NOT
BE SUBJECT TO JUDICIAL REVIEW OR RELIEF OF ANY KIND.
  WITHIN  FIVE DAYS OF SUCH AN INITIAL DETERMINATION BY THE HORSE OWNERS
ASSOCIATION, RESCINDING OR WITHDRAWING CONSENT, THE AGGRIEVED PARTY  AND
SUCH  ASSOCIATION  SHALL  SELECT BY LOT THE NAMES OF ELEVEN NON-DIRECTOR
HORSEMEN ASSOCIATION MEMBERS. STARTING WITH  THE  HORSE  OWNERS  ASSOCI-
ATION,  SUCH  ASSOCIATION AND THE AGGRIEVED PARTY SHALL EACH ALTERNATELY
EXCLUDE ONE SUCH MEMBER UNTIL ONLY THREE  REMAIN.  THE  REMAINING  THREE
MEMBERS  SHALL  MEET  TO CONDUCT A HEARING WITHIN THREE BUSINESS DAYS OF
THEIR APPOINTMENT, AND SHALL AFFORD EACH  PARTY  THE  RIGHT  TO  PRESENT
EVIDENCE,  WITH  NO  FORMAL  RULES  OF  EVIDENCE TO BE APPLIED. UPON THE
CONCLUSION OF SUCH  HEARING,  SUCH  MEMBERS  SHALL  DECIDE  WHETHER  THE
RESCISSION  OR  WITHDRAWAL  OF  CONSENT  IS  TO BE VACATED, SUSTAINED OR
AMENDED IN ANY WAY.   SUCH DECISION SHALL BE BY  MAJORITY  VOTE  OF  THE
THREE  MEMBERS.  THERE SHALL BE NO LOSS OF PRIVILEGES OR BENEFITS TO ANY
MEMBER OF SUCH PANEL BASED UPON HIS OR HER PARTICIPATION IN A HEARING OR
DECISION PURSUANT TO THIS SUBDIVISION.
  S 3. This act shall take effect immediately, and shall expire  and  be
deemed repealed three years after such effective date.