S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    879
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 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:
   §  213-A.  POWER  OF  THE COMMISSION TO IMPOSE FINES AND PENALTIES. IN
 ADDITION TO ITS POWER TO SUSPEND OR REVOKE LICENSES GRANTED BY  IT,  THE
 STATE  GAMING  COMMISSION  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  COMMIS-
 SION  OR  NOT,  FOR  A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE
 RULES PROMULGATED BY THE COMMISSION PURSUANT THERETO, NOT EXCEEDING  TEN
 THOUSAND  DOLLARS  FOR EACH VIOLATION. THE COMMISSION IS FURTHER AUTHOR-
 IZED 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 COMMISSION PURSUANT TO
 THIS ARTICLE OR THE RULES PROMULGATED BY THE COMMISSION PURSUANT  THERE-
 TO,  PROVIDED  THAT  A  COPY OF SUCH ORDER SHALL HAVE BEEN SERVED EITHER
 PERSONALLY OR BY REGISTERED 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 COMMISSION  SHALL  ONLY
 IMPOSE  SUCH FINE UPON A CORPORATION, ASSOCIATION OR PERSON IN AN AMOUNT
 WHICH REFLECTS THE SEVERITY OF THE  VIOLATION.    THE  COMMISSION  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 COMMISSION IN IMPOSING 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.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03850-01-3