S T A T E O F N E W Y O R K
________________________________________________________________________
7013
2021-2022 Regular Sessions
I N S E N A T E
May 24, 2021
___________
Introduced by Sen. ADDABBO -- (at request of the New York State Gaming
Commission) -- read twice and ordered printed, and when printed to be
committed to the Committee on Racing, Gaming and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to making technical changes and establishing the duration of
racetrack licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 205 of the racing, pari-mutuel wagering and breed-
ing law, as amended by chapter 243 of the laws of 2020, is amended to
read as follows:
§ 205. License for running races and steeplechase meetings. Any non-
franchised corporation desiring to obtain the benefits of the provisions
of section two hundred three of this article, if proposing to conduct a
race course or race meeting for running races or steeplechases, may
[annually] apply to the commission for a license to conduct running
races and race meetings or steeplechases and steeplechase meetings, as
the case may be. If, in the judgment of such commission the public
interest, convenience or necessity will be served thereby and a proper
case for the issuance of such license is shown consistent with the
purposes of this article and the best interest of racing generally, the
commission may grant such license, for a term within [the] THREE calen-
dar [year] YEARS, which shall specify [the dates and period of time
during which, and] the place where[,] the licensee may operate AND STATE
THAT THE DATES AND PERIODS OF TIME DURING WHICH THE LICENSEE MAY OPERATE
ARE SUBJECT TO THE PRIOR APPROVAL OF THE COMMISSION. The fee for such
license shall be one hundred dollars for each racing day[,]. THE FEE
FOR THE FIRST CALENDAR YEAR SHALL BE payable upon issuance of license.
THE FEE FOR EACH SUBSEQUENT YEAR DURING THE LICENSE PERIOD SHALL BE
PAYABLE UPON APPLICATION FOR COMMISSION APPROVAL OF RACING DATES FOR
SUCH YEAR. In considering an application for a license under this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09572-01-1
S. 7013 2
section, the commission may give consideration to the number of licenses
already granted and to the location of the tracks previously licensed.
EACH RACETRACK LICENSEE SHALL NOTIFY THE COMMISSION OF ANY MATERIAL
CHANGES TO ITS LICENSE APPLICATION THAT MAY OCCUR DURING THE TERM OF
SUCH LICENSE, AND THE COMMISSION MAY TAKE SUCH ACTION AS THE COMMISSION
DEEMS APPROPRIATE TO ADDRESS ANY SUCH MATERIAL CHANGE. Every such
license shall contain a condition that all running races or race meet-
ings conducted thereunder shall be subject to such reasonable rules and
regulations from time to time prescribed by the commission, designated
as the "rules of racing". Before promulgating such rules of racing or
modifying or abrogating any of them, the commission shall give the jock-
ey club, a corporation organized under the laws of the state of New
York, an opportunity to submit recommendations relative to such rules
for running races and race meetings, and to the national steeplechase
and hunt association, a corporation organized under the laws of the
state of New York, an opportunity to submit recommendations relative to
such rules for steeplechases and steeplechase meetings, and the commis-
sion may adopt, to the extent that it deems appropriate, any rules so
submitted by either of such corporations or by any other nationally
recognized association or corporation that has for its purpose the
improvement of the breed.
§ 2. Subdivisions 1, 3, 4 and 5 of section 307 of the racing, pari-mu-
tuel wagering and breeding law, as amended by chapter 243 of the laws of
2020, are amended to read as follows:
1. Any association or corporation desiring to conduct harness race
meetings at which pari-mutuel betting shall be permitted may apply
[annually] to the commission for a license so to do. If, in the judgment
of the commission the public interest, convenience or necessity will be
served thereby and a proper case for the issuance of such license is
shown consistent with the purposes of sections two hundred twenty-two
through seven hundred five of this chapter and the best interests of
racing generally, [it] THE COMMISSION may grant such license for a term
[ending not later than the thirty-first day of December next succeeding
the granting thereof] WITHIN THREE CALENDAR YEARS, specifying [dates and
hours during which and] the place where the licensee may operate[;
provided, however, that] AND STATE THAT THE DATES AND PERIODS OF TIME
DURING WHICH THE LICENSEE MAY OPERATE ARE SUBJECT TO THE PRIOR APPROVAL
OF THE COMMISSION. THE COMMISSION SHALL SELECT BY LOT: TWO LICENSEES TO
APPLY FOR LICENSES WITH A TERM ENDING IN TWO THOUSAND TWENTY-TWO, AFTER
WHICH SUCH LICENSEES MAY APPLY FOR A LICENSE WITH A THREE-YEAR TERM; TWO
LICENSEES TO APPLY FOR LICENSES WITH A TERM ENDING IN TWO THOUSAND TWEN-
TY-THREE, AFTER WHICH SUCH LICENSEES MAY APPLY FOR A LICENSE WITH A
THREE-YEAR TERM; AND TWO LICENSEES TO APPLY FOR LICENSES WITH A TERM
ENDING IN TWO THOUSAND TWENTY-FOUR, AFTER WHICH SUCH LICENSEES MAY APPLY
FOR A LICENSE WITH A THREE-YEAR TERM. AN ASSOCIATION OR CORPORATION THAT
HOLDS A HARNESS RACETRACK LICENSE AND HAS COMMON DIRECT OR INDIRECT
OWNERSHIP WITH ANOTHER HARNESS RACETRACK LICENSEE SHALL APPLY FOR A
LICENSE WITH A TERM ENDING EITHER IN TWO THOUSAND TWENTY-TWO, TWO THOU-
SAND TWENTY-THREE OR TWO THOUSAND TWENTY-FOUR, WITH SUCH TERM APPLIED
FOR BEING THE SAME AS THE TERM APPLIED FOR BY THE LICENSEE WITH WHICH A
DIRECT OR INDIRECT OWNERSHIP IS SHARED.
1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, any harness racetrack [which] THAT applies to the commission
for permission to make one or more capital improvements may, in
connection with such application or before or after such application,
also apply to the commission for, and the commission shall, as an
S. 7013 3
inducement for or in recognition of the making of such capital improve-
ment, grant a capital improvement license, which may be conditioned on
the completion of the capital improvement if not yet made, for a period
of not more than twenty-five years, but in no event for a period longer
than is necessary to amortize any loan for capital improvements and
shall specify for each year of the term of said license the minimum
number of days on which, and the minimum number of hours on each such
day, and the places where said licensee may conduct such harness race
meetings at which pari-mutuel betting shall be permitted. Such a capital
improvement license shall be issued if in the judgment of the commission
the public interest, convenience or necessity will be served thereby and
a proper case for the issuance of such a license is shown consistent
with the purposes of sections two hundred twenty-two through seven
hundred five of this chapter and the best interests of racing generally,
and in determining the period and other terms of such capital improve-
ment license, the commission shall be guided by the nature of the capi-
tal improvement and the cost thereof. Such capital improvement license
shall automatically expire, irrespective of the term thereof, when the
loan of funds upon which [it] SUCH has been issued, has been paid off by
the licensee. Where a capital improvement license is granted, the
commission shall specify annually the dates on which, but not beyond the
thirty-first day of December, and hours during which such licensee may
operate, at the places and for the full number of days and hours speci-
fied in [its] SUCH capital improvement license.
3. Applications for licenses shall be in such form as may be
prescribed by the commission and shall contain such information or other
material or evidence as the commission may require. Each application for
renewal of a license shall be deemed to be an application for a new
license. The fee for such [licenses] LICENSE shall be one hundred
dollars for each racing day. THE FEE SHALL BE payable EITHER ANNUALLY,
QUARTERLY, MONTHLY, OR weekly in installments in advance of each week's
racing, AS THE COMMISSION MAY DIRECT, which sums shall be paid into the
general fund of the state treasury by the commission. The term "racing
week" shall include those days as defined by the rules and regulations
of the commission. EACH RACETRACK LICENSEE SHALL NOTIFY THE COMMISSION
OF ANY MATERIAL CHANGES TO ITS LICENSE APPLICATION THAT MAY OCCUR DURING
THE TERM OF THE LICENSE, AND THE COMMISSION MAY TAKE SUCH ACTION AS THE
COMMISSION DEEMS APPROPRIATE TO ADDRESS ANY SUCH MATERIAL CHANGE.
4. In considering an application for a license under this section the
commission may give consideration to the number of licenses already
granted and to the location of the tracks previously licensed. No such
license shall be granted to any track [which] THAT has not conducted
pari-mutuel harness racing during at least ten calendar years and
[which] THAT is located within ten miles of a state, county or town fair
conducting harness racing for the three consecutive years immediately
preceding April second, nineteen hundred fifty-three, which license
shall be operative during the racing dates of such fair, unless the
association, corporation or society conducting such fair shall affirma-
tively waive objection to the issuance of such license for dates within
such period. No such license shall be granted to any track located
within the corporate limits of a city of the first class. No such
license shall be granted to any harness horse racetrack located within
twenty-five miles of any track already licensed for the same dates and
hours except with the consent of the licensee located within such twen-
ty-five mile area.
S. 7013 4
5. The commission may refuse to grant a license to an association or
corporation if [it shall determine] THE COMMISSION DETERMINES that:
a. [Any] ANY officer, director, member or stockholder of such associ-
ation or corporation applying for a license, or of any association or
corporation that owns stock in or shares in the profits, or participates
in the management, of the affairs of such applicant, or that leases to
such applicant the track where such applicant will operate has:
(i) been convicted of a crime involving moral turpitude;
(ii) engaged in bookmaking or other forms of illegal gambling;
(iii) been found guilty of any fraud or misrepresentation in
connection with racing or breeding;
(iv) been guilty of any violation or attempt to violate any law, rule
or regulation of any racing jurisdiction for which suspension from
racing might be imposed in such jurisdiction;
(v) violated any rule, regulation or order of the commission; or
b. [The] THE experience, character or general fitness of any officer,
director or stockholder of any of the aforesaid associations or corpo-
rations is such that the participation of such person in harness racing
or related activities would be inconsistent with the public interest,
convenience or necessity or with the best interests of racing generally;
but if the commission determines that the interest of any stockholder
referred to in this paragraph or in paragraph a of this subdivision is
insufficient in the opinion of the commission to affect adversely the
conduct of pari-mutuel harness racing by such association or corporation
in accordance with the provisions of this article, the commission may
disregard such interest in determining whether or not to grant a license
to such association or corporation; or
c. [The] THE applicant is not the owner of the track at which it will
conduct pari-mutuel harness racing pursuant to the license applied for,
or that any person, firm, association or corporation other than the
applicant shares, or will share, in the profits of the applicant, other
than by dividends as a stockholder, or participates or will participate
in the management of the affairs of the applicant.
§ 3. This act shall take effect immediately.
