Senate Bill S3982

                            
                    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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07628-01-1

              

S. 3982                             2

LICENSED HARNESS TRACKS, SUBJECT TO THE APPROVAL OF SUCH TRACK'S  CERTI-
FIED HORSE OWNERS ASSOCIATION.
  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.