S T A T E O F N E W Y O R K
________________________________________________________________________
3567
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- 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 procedures for cancelling race days at a pari-mutuel
harness track
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5-a of section 307 of the racing, pari-mutuel
wagering and breeding law, as amended by chapter 243 of the laws of
2020, is amended to read as follows:
5-a. The commission shall not issue a license pursuant to this section
to any harness racing association or corporation that does not apply to
conduct at its facilities a minimum number of pari-mutuel programs and
pari-mutuel races at its facilities equal to at least seventy-five
percent of the programs and races so conducted during nineteen hundred
eighty-five or during nineteen hundred eighty-six, or one hundred
percent of the programs and races so conducted during two thousand,
whichever is greater; provided, however, that for a harness racing asso-
ciation or corporation located in Westchester and Erie counties, such
minimum number of pari-mutuel programs and pari-mutuel races at its
facilities shall equal at least one hundred percent of the programs and
races conducted during two thousand. If the track did not conduct races
during two thousand, such minimum number of pari-mutuel programs and
pari-mutuel races at its facilities shall equal at least ninety percent
of the programs and races conducted during two thousand at Buffalo race-
way, in the town of Hamburg and county of Erie, unless cancellation of a
race day because of an act of God, that the commission approves or
because of weather conditions that are unsafe or hazardous that the
commission approves shall not be construed as a failure to conduct a
race day; provided, HOWEVER, THAT WHERE CANCELLATION IS SOUGHT FOR A
RACE DATE WHERE THE SCHEDULED POST-TIME IS MORE THAN TWENTY-FOUR HOURS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08401-01-3
A. 3567 2
AFTER THE CESSATION OF ACCUMULATING SNOW OR ICE AS REPORTED BY THE
NATIONAL WEATHER SERVICE, SUCH RACE DATE SHALL ONLY BE EXCUSED UPON
UNANIMOUS CONSENT OF THE HORSEMEN'S ASSOCIATION REPRESENTATIVE RECOG-
NIZED PURSUANT TO SECTION THREE HUNDRED EIGHTEEN OF THIS CHAPTER, THE
TRACK OPERATOR AND A REPRESENTATIVE OF THE COMMISSION. ALL OTHER RACE
DAY CANCELLATIONS FROM THE ANNUAL ALLOTMENT GRANTED SHALL ONLY BE
EXCUSED BY THE COMMISSION IF MADE UPON THE UNANIMOUS CONSENT OF THE
HORSEMEN'S ASSOCIATION REPRESENTATIVE, THE TRACK OPERATOR AND A REPRE-
SENTATIVE OF THE COMMISSION. ANY UNEXCUSED DATES OCCURRING PRIOR TO
NOVEMBER FIRST OF ANY CALENDAR YEAR SHALL BE RESCHEDULED DURING THE
CALENDAR YEAR OF OCCURRENCE AND ANY UNEXCUSED DATES OCCURRING AFTER SUCH
DATE SHALL BE ADDED ONTO THE NEXT CALENDAR YEAR'S PLAN OF OPERATION AND
SUBMITTED TO THE COMMISSION FOR APPROVAL. PROVIDED further, the commis-
sion shall not grant a license to such association or corporation upon
application unless such programs and races are conducted during the same
calendar year period as were conducted during the applicable period
above used to measure the minimum number of pari-mutuel programs and
pari-mutuel races, as approved by the commission. Nothing in the forego-
ing paragraph shall affect any agreement in effect on or before the
effective date of this paragraph. The commission may grant a license to
such association or corporation to conduct fewer such programs and races
for good cause shown due to factors beyond the control of such associ-
ation or corporation, and upon consent of the representative horsemen's
association, as determined pursuant to section three hundred eighteen of
this article.
§ 2. This act shall take effect immediately.