S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4131
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 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:
 
   Section 1. Section 321 of the racing, pari-mutuel wagering and  breed-
 ing law is amended to read as follows:
   §  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
 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.
              

                                                            LBD00348-01-7

 A. 4131                             2
 
 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.
   § 2. This act shall take effect immediately.