Governor George E. Pataki has signed into law a measure that will help reopen the Batavia Downs Racetrack by enabling Western Regional Off-Track Betting Corporation to apply to the State Racing and Wagering Board for a license to operate the track.

Batavia Downs, the oldest nighttime-lighted harness track in America, went dark and out of operation in June 1998. Recognizing the serious impact the track closure would have upon live harness racing, agriculture, breeding farms, horse owners, trainers and other employment, Western Regional Off-Track Betting Corporation (Western OTB) purchased the track and grounds in September 1998 to prevent demolition of the track.

In 1998, Western OTB applied for racing dates from the Racing and Wagering Board. The application was deferred until an opinion was received from the Attorney General regarding whether or not a public-benefit corporation such as Western OTB was eligible to apply for a license.

The Attorney General concluded the express language of the law did not authorize an off-track betting corporation to conduct such races. The legislation signed into law by Governor Pataki clarifies the law and allows Western OTB to apply for a license to conduct harness racing for a limited number of race dates, thereby assuring the vitality of the sport, local employment, state and local revenues, continued agricultural development and substantial spin-off into other economic development.

Genesee County Legislative Chairman Mary Pat Hancock said, "This piece of legislation will return Batavia Downs and its racing heritage to Genesee County and we are certainly grateful for the job opportunities offered, the attraction as a tourist destination, and for the revenue generated by the Downs. It is economically essential, part of our history, and a very hometown industry. We have missed the tradition and certainly the source of income and we rejoice at its return."

The Western New York Harness Horsemen's Association supports the legislation and the Legislatures of Erie and Genesee Counties have also passed resolutions in support of this bill. In doing so, both counties have agreed to forego in excess of $200,000 in "surcharge" revenues for a five year period to support this effort to save harness racing in Western New York.