NY State Senate Bill 2015-S5836

Senate Bill S5836

2015-2016 Legislative Session

Relates to commission hearings of racetrack ejectments and denials of access of commission licensees

download bill text pdf

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to racing, gaming and wagering
Jun 05, 2015	referred to racing, gaming and wagering

2015-S5836 (ACTIVE) - Details

See Assembly Version of this Bill:: A6246
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Amd §321, RWB L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4604, A4131
2019-2020: A9974
2021-2022: A1591
2023-2024: A844

2015-S5836 (ACTIVE) - Summary

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

2015-S5836 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5836                     Revised 06/18/15

TITLE OF BILL:

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

PURPOSE:

This legislation creates a due process structure at the New York
Gaming Commission to provide horse racing licensees (drivers,
trainers, horsemen, etc.) who have been barred or ejected from a
participating licensed New York State race track with an
administrative hearing. New York State currently has no regulatory
structure in place to prevent private racetrack owners from
arbitrarily denying licensees in good standing from participating in
pari-mutuel racing at their state-licensed tracks and/or racinos.
This legislation would simply mirror provisions in other racing states
in which the state's racing Commission can conduct an independent,
objective administrative hearing on the ejection or barring of racing
licensees in good standing.

SUMMARY OF PROVISIONS:

Section 321 of the racing, pari-mutuel wagering and breeding law is

amended to provide any licensee in good standing barred or ejected
from a licensed New York State racing facility with an administrative
hearing conducted by the New York Gaming Commission.

JUSTIFICATION:

Private racetrack operators in New York State can currently exclude
for no reason whatsoever - individuals possessing a state-issued
occupational license from plying their trade at that facility. And
despite the fact that the United States Supreme Court has since
determined that harness horse trainers and drivers possess a
recognized property interest in their licenses sufficient to invoke
the protection of the Due Process Clause in the event of suspension or
revocation by the state, the right to a similar hearing on exclusion
of a licensee in good standing by private track owners has never been
legislatively addressed.

In light of numerous instances of legally licensed horsemen, drivers
or trainers being barred or ejected by track owners with absolutely no
explanation or legal justification (including a documented case in
which a driver was barred for being "disloyal" to a track owner by
racing elsewhere), the creation of a new, objective due process
hearing structure at the New York Gaming Commission is critically
important to ensuring that New York racing is conducted fairly and
honestly. New York lags behind competing racing states such as
Pennsylvania and West Virginia, who have had legally-mandated hearing
processes in place for years. The West Virginia Racing Commission
justified the need for such due process in a legal brief as follows
(in a case that legally upheld the hearing process):


Who gets to race is at the core of the Commission's regulatory
function. In reviewing ejectment appeals from its permit holders, the
Racing Commission is not deciding whether the track serves filet
mignon or prime rib in the dining room or whether it hires a
particular accounting firm to do its books. Matters like these may be
the internal business affairs of the track. But, whether someone who
holds a permit gets to come on to the track to ride horses is,
fundamentally, the Racing Commission's business. Having a permit to
engage in a racing-related occupation is not the same as having a law
license or a medical license or a license to practice dentistry. A
lawyer or a doctor or a dentist can open a professional practice on
any street comer in the State... They are not dependent upon the good
graces of another to engage in their trades.

This legislation does nothing more than reinforce the statutorily
granted right and obligation of the New York Gaming Commission to
regulate racing in this state in the fairest and most transparent
manner possible.

LEGISLATIVE HISTORY:

A new bill.

FISCAL IMPLICATIONS:

The Gaming Commission already has a hearings process established. This
legislation could potentially add a handful of additional hearings to
the already existing hearings process but the cost is expected to be
minimal.

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

180 days after it is enacted it shall become law.

2015-S5836 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5836

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 5, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

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:

  Section  1. Section 321 of the racing, pari-mutuel wagering and breed-
ing law is amended to read as follows:
  S 321. Hearing of refusal or revocation of  license  OR  EJECTMENT  OR
DENIAL OF ACCESS OF LICENSEE IN GOOD STANDING.  If the state [racing and
wagering  board]  GAMING  COMMISSION  shall  refuse  to  grant a license
applied for under sections two hundred twenty-two through seven  hundred
five  of this chapter, or shall revoke or suspend such a license granted
by it, or shall impose a monetary fine upon  a  participant  in  harness
racing,  OR  ANY  CORPORATION OR ASSOCIATION CREATED UNDER OR SUBJECT TO
THE PROVISIONS OF THIS CHAPTER LICENSED TO CONDUCT  PARI-MUTUEL  HARNESS
MEETS  SHALL  EJECT  OR  DENY  ACCESS  TO A LICENSEE FROM THE GROUNDS OF
AND/OR PARTICIPATION IN A PARI-MUTUEL HARNESS  MEET,  the  applicant  or
licensee  or party fined may demand, within ten days after notice of the
said act of the [board] COMMISSION, CORPORATION OR ASSOCIATION, a  hear-
ing  before the [board] COMMISSION and the [board] COMMISSION shall give
prompt notice of a time and place for such hearing at which the  [board]
COMMISSION will hear such applicant or licensee or party fined in refer-
ence thereto.  Pending such hearing and final determination thereon, the
action  of the [board] COMMISSION in refusing to grant or in revoking or
suspending a license or in imposing a monetary fine shall remain in full
force and effect, BUT A LICENSEE  EJECTED  OR  DENIED  ACCESS  SHALL  BE
PERMITTED ACCESS TO THE GROUNDS OF AND/OR PARTICIPATION IN A PARI-MUTUEL
HARNESS MEET PENDING FINAL DETERMINATION BY THE COMMISSION ON HIS OR HER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09930-01-5

S. 5836                             2

APPEAL  FOR A HEARING.  The [board] COMMISSION may continue such hearing
from time to time for the convenience of any of the parties. Any of  the
parties  affected by such hearing may be represented by counsel, and the
[board]  COMMISSION may be represented by the attorney general, a deputy
attorney general or its counsel. In the  conduct  of  such  hearing  the
[board]  COMMISSION  shall  not be bound by technical rules of evidence,
but all evidence offered before the [board] COMMISSION shall be  reduced
to  writing,  and  such evidence together with the exhibits, if any, and
the findings of the [board] COMMISSION, shall be  permanently  preserved
and  shall constitute the record of the [board] COMMISSION in such case.
In connection with such hearing, each member of the  [board]  COMMISSION
shall  have the power to administer oaths and examine witnesses, and may
issue subpoenas to compel attendance of witnesses, and the production of
all material and relevant reports, books, papers, documents, correspond-
ence and other evidence. The [board] COMMISSION may, if  occasion  shall
require,  by order, refer to one or more of its members or officers, the
duty of taking testimony in such matter, and to report  thereon  to  the
[board] COMMISSION, but no determination shall be made therein except by
the [board] COMMISSION.  Within thirty days after the conclusion of such
hearing,  the  [board]  COMMISSION  shall make a final order in writing,
setting forth the reasons for the action taken by it and a copy  thereof
shall  be  served  on  such applicant or licensee or party fined, as the
case may be.  IN THE CASE OF AN EJECTMENT  OR  DENIAL  OF  ACCESS  OF  A
LICENSEE,  THE  RESPECTIVE  CORPORATION  OR  ASSOCIATION  SHALL HAVE THE
BURDEN OF PROOF TO ESTABLISH THAT THE PRESENCE AND PARTICIPATION OF  THE
LICENSEE IS DETRIMENTAL TO THE BEST INTERESTS OF RACING OR TO THE ORDER-
LY  CONDUCT  OF  A  RACE  MEET.  The action of the [board] COMMISSION in
refusing to grant a license or in revoking or suspending a license or in
imposing a monetary fine,  OR  AFFIRMING,  MODIFYING  OR  REVERSING  THE
EJECTMENT  OR DENIAL OF ACCESS OF A LICENSEE, shall be reviewable in the
supreme court in the manner provided by the provisions of article seven-
ty-eight of the civil practice law and rules.
  S 2. This act shall take effect immediately.

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