S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3567
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivision 5-a of section 307 of the racing, pari-mutuel
 wagering and breeding law, as amended by chapter  243  of  the  laws  of
 2020, is amended to read as follows:
   5-a. The commission shall not issue a license pursuant to this section
 to  any harness racing association or corporation that does not apply to
 conduct at its facilities a minimum number of pari-mutuel  programs  and
 pari-mutuel  races  at  its  facilities  equal  to at least seventy-five
 percent of the programs and races so conducted during  nineteen  hundred
 eighty-five  or  during  nineteen  hundred  eighty-six,  or  one hundred
 percent of the programs and races  so  conducted  during  two  thousand,
 whichever is greater; provided, however, that for a harness racing asso-
 ciation  or  corporation  located in Westchester and Erie counties, such
 minimum number of pari-mutuel programs  and  pari-mutuel  races  at  its
 facilities  shall equal at least one hundred percent of the programs and
 races conducted during two thousand. If the track did not conduct  races
 during  two  thousand,  such  minimum number of pari-mutuel programs and
 pari-mutuel races at its facilities shall equal at least ninety  percent
 of the programs and races conducted during two thousand at Buffalo race-
 way, in the town of Hamburg and county of Erie, unless cancellation of a
 race  day  because  of  an  act  of God, that the commission approves or
 because of weather conditions that are  unsafe  or  hazardous  that  the
 commission  approves  shall  not  be construed as a failure to conduct a
 race day; provided, HOWEVER, THAT WHERE CANCELLATION  IS  SOUGHT  FOR  A
 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
 
 AFTER THE CESSATION OF ACCUMULATING SNOW  OR  ICE  AS  REPORTED  BY  THE
 NATIONAL  WEATHER  SERVICE,  SUCH  RACE  DATE SHALL ONLY BE EXCUSED UPON
 UNANIMOUS CONSENT OF THE HORSEMEN'S  ASSOCIATION  REPRESENTATIVE  RECOG-
 NIZED  PURSUANT  TO  SECTION THREE HUNDRED EIGHTEEN OF THIS CHAPTER, THE
 TRACK OPERATOR AND A REPRESENTATIVE OF THE COMMISSION.  ALL  OTHER  RACE
 DAY  CANCELLATIONS  FROM  THE  ANNUAL  ALLOTMENT  GRANTED  SHALL ONLY BE
 EXCUSED BY THE COMMISSION IF MADE UPON  THE  UNANIMOUS  CONSENT  OF  THE
 HORSEMEN'S  ASSOCIATION  REPRESENTATIVE, THE TRACK OPERATOR AND A REPRE-
 SENTATIVE OF THE COMMISSION. ANY  UNEXCUSED  DATES  OCCURRING  PRIOR  TO
 NOVEMBER  FIRST  OF  ANY  CALENDAR  YEAR SHALL BE RESCHEDULED DURING THE
 CALENDAR YEAR OF OCCURRENCE AND ANY UNEXCUSED DATES OCCURRING AFTER SUCH
 DATE SHALL BE ADDED ONTO THE NEXT CALENDAR YEAR'S PLAN OF OPERATION  AND
 SUBMITTED  TO THE COMMISSION FOR APPROVAL. PROVIDED further, the commis-
 sion shall not grant a license to such association or  corporation  upon
 application unless such programs and races are conducted during the same
 calendar  year  period  as  were  conducted during the applicable period
 above used to measure the minimum number  of  pari-mutuel  programs  and
 pari-mutuel races, as approved by the commission. Nothing in the forego-
 ing  paragraph  shall  affect  any  agreement in effect on or before the
 effective date of this paragraph.  The commission may grant a license to
 such association or corporation to conduct fewer such programs and races
 for good cause shown due to factors beyond the control of  such  associ-
 ation  or corporation, and upon consent of the representative horsemen's
 association, as determined pursuant to section three hundred eighteen of
 this article.
   § 2. This act shall take effect immediately.