Bill Text: NY A03567 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires unanimous agreement between management, the gaming commission and the horsemen's association representative before race days can be cancelled, as well as language requiring cancelled race days to be made up.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to racing and wagering [A03567 Detail]

Download: New_York-2023-A03567-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3567

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section  1.  Subdivision 5-a of section 307 of the racing, pari-mutuel
     2  wagering and breeding law, as amended by chapter  243  of  the  laws  of
     3  2020, is amended to read as follows:
     4    5-a. The commission shall not issue a license pursuant to this section
     5  to  any harness racing association or corporation that does not apply to
     6  conduct at its facilities a minimum number of pari-mutuel  programs  and
     7  pari-mutuel  races  at  its  facilities  equal  to at least seventy-five
     8  percent of the programs and races so conducted during  nineteen  hundred
     9  eighty-five  or  during  nineteen  hundred  eighty-six,  or  one hundred
    10  percent of the programs and races  so  conducted  during  two  thousand,
    11  whichever is greater; provided, however, that for a harness racing asso-
    12  ciation  or  corporation  located in Westchester and Erie counties, such
    13  minimum number of pari-mutuel programs  and  pari-mutuel  races  at  its
    14  facilities  shall equal at least one hundred percent of the programs and
    15  races conducted during two thousand. If the track did not conduct  races
    16  during  two  thousand,  such  minimum number of pari-mutuel programs and
    17  pari-mutuel races at its facilities shall equal at least ninety  percent
    18  of the programs and races conducted during two thousand at Buffalo race-
    19  way, in the town of Hamburg and county of Erie, unless cancellation of a
    20  race  day  because  of  an  act  of God, that the commission approves or
    21  because of weather conditions that are  unsafe  or  hazardous  that  the
    22  commission  approves  shall  not  be construed as a failure to conduct a
    23  race day; provided, however, that where cancellation  is  sought  for  a
    24  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

     1  after the cessation of accumulating snow  or  ice  as  reported  by  the
     2  National  Weather  Service,  such  race  date shall only be excused upon
     3  unanimous consent of the horsemen's  association  representative  recog-
     4  nized  pursuant  to  section three hundred eighteen of this chapter, the
     5  track operator and a representative of the commission.  All  other  race
     6  day  cancellations  from  the  annual  allotment  granted  shall only be
     7  excused by the commission if made upon  the  unanimous  consent  of  the
     8  horsemen's  association  representative, the track operator and a repre-
     9  sentative of the commission. Any  unexcused  dates  occurring  prior  to
    10  November  first  of  any  calendar  year shall be rescheduled during the
    11  calendar year of occurrence and any unexcused dates occurring after such
    12  date shall be added onto the next calendar year's plan of operation  and
    13  submitted  to the commission for approval. Provided further, the commis-
    14  sion shall not grant a license to such association or  corporation  upon
    15  application unless such programs and races are conducted during the same
    16  calendar  year  period  as  were  conducted during the applicable period
    17  above used to measure the minimum number  of  pari-mutuel  programs  and
    18  pari-mutuel races, as approved by the commission. Nothing in the forego-
    19  ing  paragraph  shall  affect  any  agreement in effect on or before the
    20  effective date of this paragraph.  The commission may grant a license to
    21  such association or corporation to conduct fewer such programs and races
    22  for good cause shown due to factors beyond the control of  such  associ-
    23  ation  or corporation, and upon consent of the representative horsemen's
    24  association, as determined pursuant to section three hundred eighteen of
    25  this article.
    26    § 2. This act shall take effect immediately.