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

                                  2751

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

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 the imposition of fines

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
amended by adding a new section 213-a to read as follows:
  S 213-A. POWER OF THE BOARD TO IMPOSE FINES AND PENALTIES. IN ADDITION
TO  ITS  POWER  TO  SUSPEND  OR REVOKE LICENSES GRANTED BY IT, THE STATE
RACING AND WAGERING BOARD IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE
MONETARY FINES UPON ANY CORPORATION, ASSOCIATION OR PERSON PARTICIPATING
IN ANY WAY IN ANY THOROUGHBRED RACE MEET AT WHICH PARI-MUTUEL BETTING IS
CONDUCTED,  OTHER THAN AS A PATRON, AND WHETHER LICENSED BY THE BOARD OR
NOT, FOR A VIOLATION OF ANY PROVISION  OF  THIS  CHAPTER  OR  THE  RULES
PROMULGATED  BY  THE  BOARD PURSUANT THERETO, NOT EXCEEDING TEN THOUSAND
DOLLARS  FOR  EACH  VIOLATION.  THE  BOARD  IS  FURTHER  AUTHORIZED  AND
EMPOWERED  TO  IMPOSE MONETARY FINES, NOT EXCEEDING TEN THOUSAND DOLLARS
FOR EACH VIOLATION, UPON ANY SUCH CORPORATION, ASSOCIATION OR PERSON FOR
A VIOLATION OF ANY ORDER ISSUED BY THE BOARD PURSUANT TO THIS ARTICLE OR
THE RULES PROMULGATED BY THE BOARD PURSUANT  THERETO,  PROVIDED  THAT  A
COPY OF SUCH ORDER SHALL HAVE BEEN SERVED EITHER PERSONALLY OR BY REGIS-
TERED MAIL, UPON THE CORPORATION, ASSOCIATION OR PERSON TO WHOM THE SAME
WAS  DIRECTED,  PRIOR TO THE OCCURRENCE OF THE VIOLATION, FOR WHICH SUCH
FINE IS IMPOSED.  THE BOARD SHALL ONLY IMPOSE SUCH FINE  UPON  A  CORPO-
RATION,  ASSOCIATION  OR PERSON IN AN AMOUNT WHICH REFLECTS THE SEVERITY
OF THE VIOLATION.   THE BOARD SHALL IMPOSE SUCH  FINES  SUBJECT  TO  THE
NOTICE AND HEARING PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
SUCH  FINES  SHALL BE PAID INTO THE TREASURY OF THE STATE. THE ACTION OF
THE BOARD IN IMPOSING ANY MONETARY  FINE  SHALL  BE  REVIEWABLE  IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05161-01-9

              

A. 2751                             2

SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S  2. Section 522 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 4 to read as follows:
  4. IN ADDITION TO ITS POWER TO SUSPEND OR REVOKE  PLANS  OF  OPERATION
APPROVED  OR  LICENSES GRANTED BY IT, THE BOARD IS HEREBY AUTHORIZED AND
EMPOWERED TO IMPOSE MONETARY FINES UPON ANY CORPORATION, ASSOCIATION  OR
PERSON PARTICIPATING IN ANY WAY IN OFF-TRACK BETTING ON WHICH PARI-MUTU-
EL BETTING IS CONDUCTED, OTHER THAN AS A PATRON, AND WHETHER LICENSED BY
THE  BOARD  OR NOT, FOR A VIOLATION OF ANY PROVISION OF THIS CHAPTER, OR
THE RULES PROMULGATED BY THE BOARD PURSUANT THERETO, OR AN APPROVED PLAN
OF OPERATION, NOT EXCEEDING TEN THOUSAND DOLLARS FOR EACH VIOLATION. THE
BOARD IS FURTHER AUTHORIZED AND EMPOWERED TO IMPOSE MONETARY FINES,  NOT
EXCEEDING  TEN THOUSAND DOLLARS FOR EACH VIOLATION, UPON ANY SUCH CORPO-
RATION, ASSOCIATION OR PERSON FOR A VIOLATION OF ANY ORDER ISSUED BY THE
BOARD PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE RULES PROMULGAT-
ED BY THE BOARD PURSUANT THERETO, PROVIDED THAT A  COPY  OF  SUCH  ORDER
SHALL  HAVE BEEN SERVED EITHER PERSONALLY OR BY CERTIFIED MAIL, UPON THE
CORPORATION, ASSOCIATION OR PERSON TO WHOM THE SAME WAS DIRECTED,  PRIOR
TO  THE OCCURRENCE OF THE VIOLATION FOR WHICH SUCH FINE IS IMPOSED.  THE
BOARD SHALL ONLY IMPOSE SUCH FINE UPON  A  CORPORATION,  ASSOCIATION  OR
PERSON  IN  AN AMOUNT WHICH REFLECTS THE SEVERITY OF THE VIOLATION.  THE
BOARD SHALL IMPOSE SUCH MONETARY FINES, SUBJECT TO THE NOTICE AND  HEAR-
ING  PROVISIONS  OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT. SUCH FINES
SHALL BE PAID INTO THE STATE TREASURY. THE ACTION OF THE BOARD IN IMPOS-
ING ANY MONETARY FINE SHALL BE REVIEWABLE IN THE SUPREME  COURT  IN  THE
MANNER   PROVIDED   BY   AND   SUBJECT  TO  THE  PROVISIONS  OF  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 3. This act shall take effect immediately.