Bill Text: NY A06246 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to commission hearings of racetrack ejectments and denials of access of commission licensees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-01-20 - committed to racing and wagering [A06246 Detail]

Download: New_York-2015-A06246-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6246
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 18, 2015
                                      ___________
       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 commission hearings of racetrack ejectments and denials of
         access of commission licensees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 321 of the racing, pari-mutuel wagering and  breed-
    2  ing law is amended to read as follows:
    3    S  321.  Hearing  of  refusal or revocation of license OR EJECTMENT OR
    4  DENIAL OF ACCESS OF LICENSEE IN GOOD STANDING.  If the state [racing and
    5  wagering board] GAMING  COMMISSION  shall  refuse  to  grant  a  license
    6  applied  for under sections two hundred twenty-two through seven hundred
    7  five of this chapter, or shall revoke or suspend such a license  granted
    8  by  it,  or  shall  impose a monetary fine upon a participant in harness
    9  racing, OR ANY CORPORATION OR ASSOCIATION CREATED UNDER  OR  SUBJECT  TO
   10  THE  PROVISIONS  OF THIS CHAPTER LICENSED TO CONDUCT PARI-MUTUEL HARNESS
   11  MEETS SHALL EJECT OR DENY ACCESS TO  A  LICENSEE  FROM  THE  GROUNDS  OF
   12  AND/OR  PARTICIPATION  IN  A  PARI-MUTUEL HARNESS MEET, the applicant or
   13  licensee or party fined may demand, within ten days after notice of  the
   14  said  act of the [board] COMMISSION, CORPORATION OR ASSOCIATION, a hear-
   15  ing before the [board] COMMISSION and the [board] COMMISSION shall  give
   16  prompt  notice of a time and place for such hearing at which the [board]
   17  COMMISSION will hear such applicant or licensee or party fined in refer-
   18  ence thereto.  Pending such hearing and final determination thereon, the
   19  action of the [board] COMMISSION in refusing to grant or in revoking  or
   20  suspending a license or in imposing a monetary fine shall remain in full
   21  force  and  effect,  BUT  A  LICENSEE  EJECTED OR DENIED ACCESS SHALL BE
   22  PERMITTED ACCESS TO THE GROUNDS OF AND/OR PARTICIPATION IN A PARI-MUTUEL
   23  HARNESS MEET PENDING FINAL DETERMINATION BY THE COMMISSION ON HIS OR HER
   24  APPEAL FOR A HEARING.  The [board] COMMISSION may continue such  hearing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09930-01-5
       A. 6246                             2
    1  from  time to time for the convenience of any of the parties. Any of the
    2  parties affected by such hearing may be represented by counsel, and  the
    3  [board]  COMMISSION may be represented by the attorney general, a deputy
    4  attorney  general  or  its  counsel.  In the conduct of such hearing the
    5  [board] COMMISSION shall not be bound by technical  rules  of  evidence,
    6  but  all evidence offered before the [board] COMMISSION shall be reduced
    7  to writing, and such evidence together with the exhibits,  if  any,  and
    8  the  findings  of the [board] COMMISSION, shall be permanently preserved
    9  and shall constitute the record of the [board] COMMISSION in such  case.
   10  In  connection  with such hearing, each member of the [board] COMMISSION
   11  shall have the power to administer oaths and examine witnesses, and  may
   12  issue subpoenas to compel attendance of witnesses, and the production of
   13  all material and relevant reports, books, papers, documents, correspond-
   14  ence  and  other evidence. The [board] COMMISSION may, if occasion shall
   15  require, by order, refer to one or more of its members or officers,  the
   16  duty  of  taking  testimony in such matter, and to report thereon to the
   17  [board] COMMISSION, but no determination shall be made therein except by
   18  the [board] COMMISSION.  Within thirty days after the conclusion of such
   19  hearing, the [board] COMMISSION shall make a  final  order  in  writing,
   20  setting  forth the reasons for the action taken by it and a copy thereof
   21  shall be served on such applicant or licensee or  party  fined,  as  the
   22  case  may  be.    IN  THE  CASE OF AN EJECTMENT OR DENIAL OF ACCESS OF A
   23  LICENSEE, THE RESPECTIVE  CORPORATION  OR  ASSOCIATION  SHALL  HAVE  THE
   24  BURDEN  OF PROOF TO ESTABLISH THAT THE PRESENCE AND PARTICIPATION OF THE
   25  LICENSEE IS DETRIMENTAL TO THE BEST INTERESTS OF RACING OR TO THE ORDER-
   26  LY CONDUCT OF A RACE MEET. The  action  of  the  [board]  COMMISSION  in
   27  refusing to grant a license or in revoking or suspending a license or in
   28  imposing  a  monetary  fine,  OR  AFFIRMING,  MODIFYING OR REVERSING THE
   29  EJECTMENT OR DENIAL OF ACCESS OF A LICENSEE, shall be reviewable in  the
   30  supreme court in the manner provided by the provisions of article seven-
   31  ty-eight of the civil practice law and rules.
   32    S 2. This act shall take effect immediately.