Bill Text: NY A09974 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-04 - referred to racing and wagering [A09974 Detail]

Download: New_York-2019-A09974-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9974

                   IN ASSEMBLY

                                      March 4, 2020
                                       ___________

        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    §  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
    25  from  time to time for the convenience of any of the parties. Any of the
    26  parties affected by such hearing may be represented by counsel, and  the
    27  [board]  commission may be represented by the attorney general, a deputy

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07479-01-9
        A. 9974                             2

     1  attorney general or its counsel. In the  conduct  of  such  hearing  the
     2  [board]  commission  shall  not be bound by technical rules of evidence,
     3  but all evidence offered before the [board] commission shall be  reduced
     4  to  writing,  and  such evidence together with the exhibits, if any, and
     5  the findings of the [board] commission, shall be  permanently  preserved
     6  and  shall constitute the record of the [board] commission in such case.
     7  In connection with such hearing, each member of the  [board]  commission
     8  shall  have the power to administer oaths and examine witnesses, and may
     9  issue subpoenas to compel attendance of witnesses, and the production of
    10  all material and relevant reports, books, papers, documents, correspond-
    11  ence and other evidence. The [board] commission may, if  occasion  shall
    12  require,  by order, refer to one or more of its members or officers, the
    13  duty of taking testimony in such matter, and to report  thereon  to  the
    14  [board] commission, but no determination shall be made therein except by
    15  the [board] commission.  Within thirty days after the conclusion of such
    16  hearing,  the  [board]  commission  shall make a final order in writing,
    17  setting forth the reasons for the action taken by it and a copy  thereof
    18  shall  be  served  on  such applicant or licensee or party fined, as the
    19  case may be.  In the case of an ejectment  or  denial  of  access  of  a
    20  licensee,  the  respective  corporation  or  association  shall have the
    21  burden of proof to establish that the presence and participation of  the
    22  licensee is detrimental to the best interests of racing or to the order-
    23  ly  conduct  of  a  race  meet.  The action of the [board] commission in
    24  refusing to grant a license or in revoking or suspending a license or in
    25  imposing a monetary fine,  or  affirming,  modifying  or  reversing  the
    26  ejectment  or denial of access of a licensee, shall be reviewable in the
    27  supreme court in the manner provided by the provisions of article seven-
    28  ty-eight of the civil practice law and rules.
    29    § 2. This act shall take effect immediately.