Bill Text: NY A00937 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to racing and wagering [A00937 Detail]
Download: New_York-2009-A00937-Introduced.html
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: 1 Section 1. The racing, pari-mutuel wagering and breeding law is 2 amended by adding a new section 207-a to read as follows: 3 S 207-A. CONTRACT WITH HORSEMEN'S ASSOCIATION. 1. EVERY CORPORATION 4 OR RACING ASSOCIATION FORMED PURSUANT TO SECTION TWO HUNDRED THREE OF 5 THIS ARTICLE, WHICH INTENDS TO BE, IS OR INTENDS TO CONTINUE TO BE 6 LICENSED TO OPERATE VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN 7 HUNDRED SEVENTEEN-A OF THE TAX LAW, SHALL ENTER INTO AND REMAIN A PARTY 8 TO A BINDING CONTRACT WITH ITS REPRESENTATIVE HORSEMEN'S ASSOCIATION AND 9 THE APPROPRIATE BREEDING FUND, WHICH CONTRACT SHALL GOVERN THE TERMS, 10 CONDITIONS AND FINANCIAL COMPENSATION OF THE HORSEMEN'S ASSOCIATION AND 11 THE APPROPRIATE BREEDING FUND THAT PARTICIPATE IN RACING EVENTS 12 CONDUCTED AT THE RACETRACK OPERATED BY THE CORPORATION OR RACING ASSOCI- 13 ATION. 14 2. IN THE EVENT A CORPORATION OR RACING ASSOCIATION FORMED PURSUANT TO 15 SECTION TWO HUNDRED THREE OF THIS ARTICLE AND WHICH IS LICENSED TO OPER- 16 ATE VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A 17 OF THE TAX LAW, AND THE HORSEMEN'S ASSOCIATION FOR THE RACETRACK OPER- 18 ATED BY SUCH CORPORATION OR ASSOCIATION FAIL TO AGREE TO THE TERMS OF 19 ANY CONTRACT, NECESSARY FOR THE CONTINUED LICENSURE OF SUCH RACETRACK 20 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 1 CLE THIRTY-FOUR OF THE TAX LAW, THE UNRESOLVED TERMS OF SUCH CONTRACT 2 SHALL BE REFERRED NOT LESS THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF 3 THE EXISTING CONTRACT TO AN INDEPENDENT ARBITRATOR APPOINTED BY THE 4 CHAIRMAN OF THE STATE RACING AND WAGERING BOARD FOR BINDING ARBITRATION. 5 SUCH CHAIRMAN SHALL SUBMIT THE NAMES OF THREE ARBITRATION CANDIDATES TO 6 THE CORPORATION OR ASSOCIATION OPERATING SUCH RACETRACK AND THE 7 HORSEMEN'S ASSOCIATION. SUCH ARBITRATION CANDIDATES MAY BE EMPLOYEES OF 8 THE RACING AND WAGERING BOARD. THE RACETRACK OPERATOR AND HORSEMEN'S 9 ASSOCIATION SHALL RANK, BY PREFERENCE, THE THREE CANDIDATES AS THEIR 10 FIRST, SECOND AND THIRD CHOICES. THE CHAIRMAN OF THE STATE RACING AND 11 WAGERING BOARD SHALL APPOINT AS THE INDEPENDENT ARBITRATOR, THE CANDI- 12 DATE WITH THE HIGHEST COMBINED RATING FROM THE RACETRACK OPERATOR AND 13 THE HORSEMEN'S ASSOCIATION. IF THERE SHALL BE A TIE IN THE HIGHEST 14 COMBINED RATING OF CANDIDATES, THE CHAIRMAN OF THE STATE RACING AND 15 WAGERING BOARD SHALL APPOINT THE INDEPENDENT ARBITRATOR FROM AMONG THE 16 CANDIDATES WITH THE HIGHEST COMBINED RATING. ONCE A REQUEST FOR ARBI- 17 TRATION HAS BEEN SUBMITTED TO THE STATE RACING AND WAGERING BOARD BY 18 ONE OF THE PARTIES, THE CHAIRMAN OF SUCH BOARD SHALL SUBMIT NAMES OF 19 ARBITRATOR CANDIDATES TO THE OPPOSING PARTIES WITHIN SEVEN DAYS, AND 20 SUCH PARTIES SHALL SUBMIT THEIR RANKING WITHIN FIVE DAYS OF RECEIPT OF 21 THE NAMES OF CANDIDATES. THE CHAIRMAN OF THE STATE RACING AND WAGERING 22 BOARD SHALL, WITHIN FOURTEEN DAYS AFTER A REQUEST FOR ARBITRATION IS 23 SUBMITTED, APPOINT THE INDEPENDENT ARBITRATOR, REGARDLESS OF WHETHER THE 24 PARTIES HAVE SUBMITTED THEIR RANKINGS OF CANDIDATES. IF THE INDEPENDENT 25 ARBITRATOR FAILS TO RESOLVE THE DISPUTED TERMS ON OR BEFORE THE EXPIRA- 26 TION OF THE EXISTING CONTRACT, SUCH EXISTING CONTRACT SHALL REMAIN IN 27 FULL FORCE AND EFFECT UNTIL THE INDEPENDENT ARBITRATOR RESOLVES ALL 28 DISPUTED ISSUES. UNDER NO CIRCUMSTANCES SHALL AN INDEPENDENT ARBITRATOR 29 COMPLETE THE BINDING RESOLUTION OF ALL DISPUTED TERMS MORE THAN THIRTY 30 DAYS AFTER THE EXPIRATION OF AN EXISTING CONTRACT BETWEEN THE CORPO- 31 RATION OR RACING ASSOCIATION AND THE HORSEMEN'S ASSOCIATION. THE RESOL- 32 UTION OF ALL DISPUTED TERMS MADE BY THE INDEPENDENT ARBITRATOR SHALL BE 33 FINAL AND SHALL BE BINDING UPON ALL PARTIES. PROVIDED, THAT EITHER OF 34 THE PARTIES MAY SEEK EXPEDITED REVIEW OF THE FINAL ORDER OF THE INDE- 35 PENDENT ARBITRATOR IN THE SUPREME COURT OF THE COUNTY WHERE THE RACE- 36 TRACK IS LOCATED PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE 37 CIVIL PRACTICE LAW AND RULES. THE JURISDICTION OF THE SUPREME COURT 38 SHALL BE EXCLUSIVE AND ITS JUDGMENT AND DECREE SHALL BE FINAL, EXCEPT 39 THAT APPEALS SHALL LIE TO THE APPELLATE DIVISION OF SUCH COURT AND TO 40 THE COURT OF APPEALS, IN THE MANNER AND SUBJECT TO THE LIMITATIONS 41 PROVIDED IN THE CIVIL PRACTICE LAW AND RULES IRRESPECTIVE OF THE NATURE 42 OF THE DECREE OR JUDGMENT OR THE AMOUNT INVOLVED. 43 S 2. The racing, pari-mutuel wagering and breeding law is amended by 44 adding a new section 307-a to read as follows: 45 S 307-A. CONTRACT WITH HORSEMEN'S ASSOCIATION. 1. EVERY ASSOCIATION 46 OR CORPORATION LICENSED TO CONDUCT HARNESS RACE MEETINGS, WHICH INTENDS 47 TO BE, IS OR INTENDS TO CONTINUE TO BE LICENSED TO OPERATE VIDEO LOTTERY 48 GAMING PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW, 49 SHALL ENTER INTO AND REMAIN A PARTY TO A BINDING CONTRACT WITH ITS 50 REPRESENTATIVE HORSEMEN'S ASSOCIATION AND THE APPROPRIATE BREEDING FUND, 51 WHICH CONTRACT SHALL GOVERN THE TERMS, CONDITIONS AND FINANCIAL COMPEN- 52 SATION OF THE HORSEMEN'S ASSOCIATION AND THE APPROPRIATE BREEDING FUND 53 THAT PARTICIPATE IN RACING EVENTS CONDUCTED AT THE RACETRACK OPERATED BY 54 THE ASSOCIATION OR CORPORATION LICENSED TO CONDUCT HARNESS RACE MEET- 55 INGS. A. 937 3 1 2. IN THE EVENT AN ASSOCIATION OR CORPORATION LICENSED TO CONDUCT 2 HARNESS RACE MEETINGS WHICH HOLD A LICENSE TO OPERATE VIDEO LOTTERY 3 GAMING PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW 4 AND THE HORSEMEN'S ASSOCIATION FOR THE RACETRACK OPERATED BY SUCH ASSO- 5 CIATION OR CORPORATION FAIL TO AGREE TO THE TERMS OF ANY CONTRACT, 6 NECESSARY FOR THE CONTINUED LICENSURE OF SUCH ASSOCIATION OR CORPORATION 7 AND THE OPERATION OF VIDEO LOTTERY GAMING AT SUCH RACETRACK PURSUANT TO 8 ARTICLE THIRTY-FOUR OF THE TAX LAW, THE UNRESOLVED TERMS OF SUCH 9 CONTRACT SHALL BE REFERRED NOT LESS THAN THIRTY DAYS PRIOR TO THE EXPI- 10 RATION OF THE EXISTING CONTRACT TO AN INDEPENDENT ARBITRATOR APPOINTED 11 BY THE CHAIRMAN OF THE STATE RACING AND WAGERING BOARD FOR BINDING ARBI- 12 TRATION. SUCH CHAIRMAN SHALL SUBMIT THE NAMES OF THREE ARBITRATION 13 CANDIDATES TO THE CORPORATION OR ASSOCIATION OPERATING SUCH RACETRACK 14 AND THE HORSEMEN'S ASSOCIATION. SUCH ARBITRATION CANDIDATES MAY BE 15 EMPLOYEES OF THE RACING AND WAGERING BOARD. THE RACETRACK OPERATOR AND 16 HORSEMEN'S ASSOCIATION SHALL RANK, BY PREFERENCE, THE THREE CANDIDATES 17 AS THEIR FIRST, SECOND AND THIRD CHOICES. THE CHAIRMAN OF THE STATE 18 RACING AND WAGERING BOARD SHALL APPOINT AS THE INDEPENDENT ARBITRATOR, 19 THE CANDIDATE WITH THE HIGHEST COMBINED RATING FROM THE RACETRACK OPERA- 20 TOR AND THE HORSEMEN'S ASSOCIATION. IF THERE SHALL BE A TIE IN THE HIGH- 21 EST COMBINED RATING OF CANDIDATES, THE CHAIRMAN OF THE STATE RACING AND 22 WAGERING BOARD SHALL APPOINT THE INDEPENDENT ARBITRATOR FROM AMONG THE 23 CANDIDATES WITH THE HIGHEST COMBINED RATING. ONCE A REQUEST FOR ARBI- 24 TRATION HAS BEEN SUBMITTED TO THE STATE RACING AND WAGERING BOARD BY 25 ONE OF THE PARTIES, THE CHAIRMAN OF SUCH BOARD SHALL SUBMIT NAMES OF 26 ARBITRATOR CANDIDATES TO THE OPPOSING PARTIES WITHIN SEVEN DAYS, AND 27 SUCH PARTIES SHALL SUBMIT THEIR RANKING WITHIN FIVE DAYS OF RECEIPT OF 28 THE NAMES OF CANDIDATES. THE CHAIRMAN OF THE STATE RACING AND WAGERING 29 BOARD SHALL, WITHIN FOURTEEN DAYS AFTER A REQUEST FOR ARBITRATION IS 30 SUBMITTED, APPOINT THE INDEPENDENT ARBITRATOR, REGARDLESS OF WHETHER THE 31 PARTIES HAVE SUBMITTED THEIR RANKINGS OF CANDIDATES. IF THE INDEPENDENT 32 ARBITRATOR FAILS TO RESOLVE THE DISPUTED TERMS ON OR BEFORE THE EXPIRA- 33 TION OF THE EXISTING CONTRACT, SUCH EXISTING CONTRACT SHALL REMAIN IN 34 FULL FORCE AND EFFECT UNTIL THE INDEPENDENT ARBITRATOR RESOLVES ALL 35 DISPUTED ISSUES. UNDER NO CIRCUMSTANCES SHALL AN INDEPENDENT ARBITRATOR 36 COMPLETE THE BINDING RESOLUTION OF ALL DISPUTED TERMS MORE THAN THIRTY 37 DAYS AFTER THE EXPIRATION OF AN EXISTING CONTRACT BETWEEN SUCH ASSOCI- 38 ATION OR CORPORATION AND THE HORSEMEN'S ASSOCIATION. THE RESOLUTION OF 39 ALL DISPUTED TERMS MADE BY THE INDEPENDENT ARBITRATOR SHALL BE FINAL AND 40 SHALL BE BINDING UPON ALL PARTIES. PROVIDED, THAT EITHER OF THE PARTIES 41 MAY SEEK EXPEDITED REVIEW OF THE FINAL ORDER OF THE INDEPENDENT ARBITRA- 42 TOR IN THE SUPREME COURT OF THE COUNTY WHERE THE RACETRACK IS LOCATED 43 PURSUANT TO SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE 44 LAW AND RULES. THE JURISDICTION OF THE SUPREME COURT SHALL BE EXCLUSIVE 45 AND ITS JUDGMENT AND DECREE SHALL BE FINAL, EXCEPT THAT APPEALS SHALL 46 LIE TO THE APPELLATE DIVISION OF SUCH COURT AND TO THE COURT OF APPEALS, 47 IN THE MANNER AND SUBJECT TO THE LIMITATIONS PROVIDED IN THE CIVIL PRAC- 48 TICE LAW AND RULES IRRESPECTIVE OF THE NATURE OF THE DECREE OR JUDGMENT 49 OR THE AMOUNT INVOLVED. 50 S 3. This act shall take effect immediately.