Increases the maximum fine from $5,000 to $20,000, that can be imposed by the racing and wagering board upon licensees and franchisees for violations relating to thoroughbred and harness racing and quarter horse racing and breeding, and simulcast of horse racing.
BILL NUMBER: S646
TITLE OF BILL :
An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to the imposition of fines related to thoroughbred and
harness racing and breeding
The purpose of this bill is to increase the fines that the Racing and
Wagering Board may impose for infractions of the Racing & Wagering Law
from $5,000 to $20,000.
SUMMARY OF PROVISIONS :
Section 1: Amends the Racing, Pari-mutuel Wagering, and Breeding Law
section 250 to increase the fines that may be levied by the Racing and
Wagering Board for infractions of such law from $5,000 to $20,000.
Section 2: Amends the Racing, Pari-mutuel, and Breeding Law section
310 to increase the fines that may be imposed by the Board for
violations of such law from $5,000 to $20,000.
EXISTING LAW :
Under existing law, the Board may impose fines of no more than $5,000
for a violation of the Racing & Wagering Law.
The Board needs the authority to impose heavier fines to ensure that
all racing licensees adhere to the Racing Law. The current fines were
first set at $5,000 53 years ago in 1953. In 1953, the United States
had just ended the Korean War, Ike was sworn in as President, Joe
DiMaggio had retired from baseball two years earlier, Mickey Mantle
and Willie Mays had their rookie year two years earlier, and Gary
Carter, a NY Mets catcher, was born one year later in 1954.
The value of a dollar in 1953 is now worth 13 cents in 2006 dollars.
The fines, in 1953 dollars, have been substantially reduced in real
terms due to the cost of inflation. $ 5,000 in fines (in 1953 dollars)
would now be $ 38,500 in 2006 dollars if the fines had kept up with
the rate of inflation. This bill merely increases the maximum fines
from $5,000 to $20,000 not $38,500 as would be the case if the fines
were to equal the real value of such fines in 1953 dollars.
Presently, the low fine limits have little deterrent affect to stop
individuals from administering performance enhancing drugs to horses
or committing other violations of the Racing Law. Further, with the
advent of cell phones, video cameras and other telecommunications
technology, banning a trainer from the race course grounds no longer
effectively punishes or removes such a individual from participating
in the conduct of horse racing or advising his or her employees on how
to prepare a horse prior to a race. While the Board might be able to
subpoena telephone records of a sanctioned individual to determine if
such person was improperly in communication with his or her racing
staff at the track, such an enforcement tactic is both expensive and
impinges on individual civil liberties. Increasing the fine structure
is a much more effective way to ensure that violations of the Racing
Law do not occur and encourage racing licensees to comply with the
LEGISLATIVE HISTORY :
S.6983 of 2006; S.1358 of 2007/2008
FISCAL IMPLICATIONS :
LOCAL FISCAL IMPLICATIONS :
EFFECTIVE DATE :
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