senate Bill S3949B

Relates to extending certain provisions of law relating to the New York state thoroughbred breeding and development fund

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Mar / 2011
    • REFERRED TO RACING, GAMING AND WAGERING
  • 06 / Apr / 2011
    • 1ST REPORT CAL.326
  • 11 / Apr / 2011
    • 2ND REPORT CAL.
  • 12 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 07 / Jun / 2011
    • AMENDED ON THIRD READING (T) 3949A
  • 16 / Jun / 2011
    • AMENDED ON THIRD READING (T) 3949B
  • 21 / Jun / 2011
    • SUBSTITUTED BY A7852A

Summary

Relates to extending the provisions of chapter 473 of 2010 relating to the New York state thoroughbred breeding and development fund until one year after the operation of a video lottery terminal facility at Aqueduct racetrack.

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Bill Details

See Assembly Version of this Bill:
A7852A
Versions:
S3949
S3949A
S3949B
Legislative Cycle:
2011-2012
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §228, RWB L; amd §2, Chap 473 of 2010
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6384A
2009-2010: S6781A

Sponsor Memo

BILL NUMBER:S3949B

TITLE OF BILL:
An act
to amend the racing, pari-mutuel wagering and breeding law, in relation
to certain payments to the horsemen's organization; and
to amend chapter 473 of the laws of 2010 amending the racing,
pari-mutuel wagering and breeding law relating to the New York state
thoroughbred breeding and development fund, in relation to the
effectiveness thereof

PURPOSE:
The purpose of this legislation is to allow
the New York
State Thoroughbred Horsemen's Association to use purse funds for the
support of additional medical and mental health services for
backstretch employees. It also extends the provisions of Chapter 473
of the Laws of 20 I 0, allowing the NYS Thoroughbred Breeding and
Development Fund to continue to receive its funds on a quarterly
basis for an additional year. The bill would also allow the Fund to
maintain for an additional year, the changes that were made to its
authorized disbursements for awards to breeders, promotion, and
administration of the Fund.

SUMMARY OF PROVISIONS:
Section 1 would amend section 2 of chapter 473 of the laws of 2010
which amend the racing, pari-mutuel wagering and breeding law to
allow the New York State Thoroughbred Breeding and Development Fund
to continue to receive its funds on a quarterly basis for an
additional year.
The bill would also allow the Fund to maintain, for an additional
year, the changes that were made to its authorized disbursements of
awards to breeders, promotion, and administration of the Fund.

Section 2 would amend the opening paragraph of
section 228 of the Racing, Pari-Mutuel Wagering and Breeding Law.to
extend, for one year, the authorization for the horsemen's
organization to receive an additional 1.0% of purse monies collected
from race meetings at Aqueduct, Saratoga, and Belmont racetracks
until August 31, 2012.

Section 3 provides that the act would take effect immediately.

EXISTING LAW:
The current authorization for the horsemen to receive an
additional 1.0% of purse monies is due to expire on August 31, 2011.
The current authorization for the Thoroughbred Breeding and
Development Fund is due to expire upon commencement of the operation
of a video lottery facility at Aqueduct Racetrack.

JUSTIFICATION:
For over half a century, the New York Thoroughbred
Horsemen's Association (NYTHA) has represented the interests of horse
owners and trainers at New York Racing Association (NYRA) tracks.
NYTHA was founded with the objective of serving as a collective voice
for the broad interests of Thoroughbred owners and trainers and to


improve and increase the effectiveness, Of its constituents in the
day-to-day activities of racing. Today, NYTHA serves as the New
York State Racing and Wagering Board's (NYSRWE) recognized
representative of owners and, trainers and has taken a primary role
in the New York horseracing industry. NYTHA strives to protect the
economic interest of all horsemen and to gain public recognition of
horse racing as a vital form of entertainment, deserving support,
protection and preservation. In the past, additional purse monies
received by NYTHA have been used to provide funding support for the
Equine Drug Testing program. This bill would also allow the
organization to continue providing much needed health and dental
benefits for backstretch employees. Likewise, The New York State
Thoroughbred Breeding and Development Fund, established in 1973, has
helped shape the New York State thoroughbred industry
, making it the benchmark of thoroughbred programs around the world.
For over two decades, the Fund has worked to make thoroughbred
breeding and racing a vital force in New York State's economy,
utilizing its rich racing tradition, vast agricultural resources, and
thriving tourism industry. The Fund is a public benefit corporation
that oversees the registration process for foals and stallions, and
distributes incentives awards to breeders, owners, and stallion
owners. The incentives provided by the Fund are financed from within
the racing industry, using a small percentage of the total monies
wagered through the pari-mutuel system, on thoroughbred racing in New
York State.

Thoroughbred Breeders use this funding to invest back into breeding,
thereby keeping that money in the local economy and creating more
jobs, and strengthening the horse racing industry in New York.

PRIOR LEGISLATIVE HISTORY:
Similar bills supporting this program have
been passed in recent years.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
Immediate.

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

                                 3949--B
    Cal. No. 326

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing  --  reported  favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to certain payments to the horsemen's  organization;  and  to
  amend chapter 473 of the laws of 2010 amending the racing, pari-mutuel
  wagering  and breeding law relating to the New York state thoroughbred
  breeding and development fund, in relation to the effectiveness there-
  of

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

  Section  1.  Section 2 of chapter 473 of the laws of 2010 amending the
racing, pari-mutuel wagering and breeding law relating to the  New  York
state  thoroughbred breeding and development fund, is amended to read as
follows:
  S 2. This act shall take effect immediately,  provided,  however  that
this  act  shall expire and be deemed repealed [upon] ONE YEAR AFTER the
commencement of the operation of a video lottery  facility  at  Aqueduct
racetrack;  provided  that  the chair of the New York state thoroughbred
breeding and development fund shall notify the legislative bill drafting
commission upon the occurrence of the commencement of the operation of a
video lottery facility at Aqueduct racetrack in order that  the  commis-
sion  may  maintain  an  accurate  and timely effective data base of the
official text of the laws of the state of New  York  in  furtherance  of
effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law; provided further,  that  effec-
tive  immediately  the addition, amendment and/or repeal of any rules or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10013-03-1

S. 3949--B                          2

regulations necessary for the implementation of this act on  its  effec-
tive  date  are  authorized  and directed to be made and completed on or
before such date.
  S  2.  The  opening  paragraph  of subdivision 2 of section 228 of the
racing, pari-mutuel wagering and breeding law, as amended by chapter 259
of the laws of 2010, is amended to read as follows:
  The state racing and wagering board shall, as a condition  of  racing,
require  any  franchised corporation and every other corporation subject
to its jurisdiction to withhold one percent of all purses,  except  that
for  the  franchised corporation, starting on September first, two thou-
sand seven and continuing  through  August  thirty-first,  two  thousand
[eleven]  TWELVE,  two  percent of all purses shall be withheld, and, in
the case  of  the  franchised  corporation,  to  pay  such  sum  to  the
horsemen's  organization  or  its  successor  that was first entitled to
receive payments pursuant to this section in accordance  with  rules  of
the  board  adopted  effective  November third, nineteen hundred eighty-
three representing at least fifty-one percent of the owners and trainers
utilizing the facilities of such franchised corporation, on  the  condi-
tion that such horsemen's organization shall expend as much as is neces-
sary,  but  not  to exceed one-half of one percent of such total sum, to
acquire and maintain the equipment required to establish a program at  a
state  college within this state with an approved equine science program
to test for the presence of steroids in horses,  provided  further  that
the  qualified organization shall also, in an amount to be determined by
its board of directors, annually include in its expenditures for benevo-
lence programs, funds to  support  an  organization  providing  services
necessary  to  backstretch  employees,  and,  in the case of every other
corporation, to pay such one percent sum of  purses  to  the  horsemen's
organization  or  its  successor  that  was  first  entitled  to receive
payments pursuant to this section in accordance with rules of the  board
adopted  effective May twenty-third, nineteen hundred eighty-six repres-
enting at least fifty-one percent of the owners and  trainers  utilizing
the facilities of such corporation.
  S 3. This act shall take effect immediately.

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