What's happening
This bill allows racetrack licensees ejected or denied access to pari-mutuel harness meets to appeal and requires hearings before final exclusion.
Why it matters
Strengthens due process rights for racetrack licensees. by allowing those ejected or denied access to pari-mutuel harness racing events to formally appeal the decision and receive a hearing before the New York State Gaming Commission, rather than being excluded solely at the discretion of the racetrack.
Shifts the burden of proof to racetrack operators. in cases of ejectment or denial of access, requiring corporations or associations to demonstrate that a licensee’s continued presence or participation would harm the integrity or orderly conduct of racing—protecting individuals from arbitrary or unsubstantiated exclusions.
Ensures continued participation and access for licensees during appeals. , meaning that unless and until the Gaming Commission makes a final decision, the licensee cannot be barred from the racetrack or participation, which can help prevent unnecessary career or financial harm due to temporary or potentially unjustified exclusions.
Creates a clear, reviewable process for disputes. by mandating written decisions and specifying that actions by the Commission (including upholding or reversing ejections) can be challenged in court, offering greater transparency and accountability in racetrack governance.
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Who cares
Headline styles
Fair Hearings for Racetrack Bans
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to racing and wagering
- Referred to racing and wagering
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Ejected Racetrack Workers Appeal
In Senate Committee · Racing, Gaming And Wagering · Sponsor Leroy Comrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4131
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee 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 Assembly, do enact as follows:
Section 1. Section 321 of the racing, pari-mutuel wagering and breeding 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 hearing 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 reference 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, correspondence 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 orderly 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 seventy-eight of the civil practice law and rules.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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