NY State Senate Bill 2009-S646

Senate Bill S646

2009-2010 Legislative Session

Increases the maximum fine from $5,000 to $20,000, that can be imposed by the racing and wagering board for violations relating to horse racing

download bill text pdf

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to racing, gaming and wagering
Mar 17, 2009	print number 646a
Mar 17, 2009	amend (t) and recommit to finance
Mar 10, 2009	reported and committed to finance
Jan 12, 2009	referred to racing, gaming and wagering

Bill Amendments

Original

A (Active)

2009-S646 - Details

Current Committee:: Senate Racing, Gaming And Wagering

2009-S646 - Summary

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.

2009-S646 - Sponsor Memo

                                 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

 PURPOSE :
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.

 JUSTIFICATION :

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
law.

 LEGISLATIVE HISTORY :
S.6983 of 2006; S.1358 of 2007/2008

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.
 EFFECTIVE DATE :
Immediate.

2009-S646 - Bill Text download pdf

co-Sponsors

2009-S646A (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering

2009-S646A (ACTIVE) - Summary

2009-S646A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S646A

 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, harness,
and quarter horse racing and breeding, and simulcast of horse racing


 PURPOSE :
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 related to thoroughbred
racing 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 related to harness racing from $5,000 to
$20,000.

Section 3: Amends the Racing, Pari-mutuel, and Breeding Law section

410 to increase the fines that may be imposed by the Board for
violations of such law related to quarter horse racing from $5,000 to
$20,000.

Section 4: Amends the Racing, Pari-mutuel, and Breeding Law section
1005 to increase the fines that may be imposed by the Board for
violations of such law related to simulcasting of racing signals 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.

 JUSTIFICATION :
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
law.

 LEGISLATIVE HISTORY :
S.6983 of 2006

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediate.

2009-S646A (ACTIVE) - Bill Text download pdf

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

                                 646--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by  Sen.  LARKIN -- 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 and committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to the imposition of fines related to thoroughbred,  harness,
  and quarter horse racing and breeding, and simulcast of horse racing

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

  Section 1. Section 250 of the racing, pari-mutuel wagering and  breed-
ing  law,  as  amended  by chapter 18 of the laws of 2008, is amended to
read as follows:
  S 250. Power of state racing and wagering board to  impose  penalties.
In  addition  to  its  power to suspend or revoke occupational licenses,
licenses to conduct running races and race meetings or steeplechases and
steeplechase meetings and licenses to conduct pari-mutuel betting  at  a
race course or race meeting for running races or steeplechases issued by
it,  the  state racing and wagering board is hereby authorized to impose
civil penalties upon any such licensee or franchisee for a violation  of
any  provision of [sections two hundred twenty-two through seven hundred
five of] this chapter or the rules and regulations promulgated  pursuant
thereto,   not   exceeding  [five]  TWENTY  thousand  dollars  for  each
violation, which penalties shall be paid into the state  treasury.  Each
day  upon  which such violation continues may be considered by the board
as a separate violation in assessing the amount of civil penalty  to  be
imposed. Any penalty so imposed shall be sued for by the attorney gener-
al in the name of the people of the state of New York, if so directed by
the board. The amount of the penalty collected by the board or recovered
in any such action, or paid to the board upon a compromise as hereinaft-
er  provided,  shall be paid by the [department of state] BOARD into the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00887-03-9

S. 646--A                           2

state treasury and credited to the general fund. The  board,  for  cause
shown and in its discretion, may extend the time for the payment of such
penalty  and,  by  compromise  may  accept  less than the amount of such
penalty  as  imposed  in  settlement thereof. The powers granted by this
section shall not be affected by the circumstances that any such license
shall have expired by its terms prior to the imposition of such penalty.
  S 2. Section 310 of the racing, pari-mutuel wagering and breeding  law
is amended to read as follows:
  S  310.  Power  of the state racing and wagering 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 harness  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
[sections  two  hundred  twenty-two  through seven hundred five of] this
chapter or the rules promulgated by  the  board  pursuant  thereto,  not
exceeding  [five]  TWENTY thousand dollars for each violation. The board
is further authorized  and  empowered  to  impose  monetary  fines,  not
exceeding  [five]  TWENTY  thousand dollars for each violation, upon any
such corporation, association or person for a  violation  of  any  order
issued  by the board pursuant to the provisions of [sections two hundred
twenty-two through seven hundred five of]  this  chapter  or  the  rules
promulgated  by the board pursuant thereto, 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.    Such fines shall be paid into the treasury of the state.
The action of the board in imposing any monetary fine shall  be  review-
able  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.  Section 410 of the racing, pari-mutuel wagering and breeding law
is amended to read as follows:
  S 410. Power of state racing and wagering board to  impose  fines  and
penalties.  In  addition  to  its  powers  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 quarter horse 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 sections two hundred twenty-two through seven hundred five] of  this
chapter  or  the  rules  promulgated  by the board pursuant thereto, not
exceeding [five] TWENTY thousand dollars for each violation.  The  board
is  further  authorized  and  empowered  to  impose  monetary fines, not
exceeding [five] TWENTY thousand dollars for each  violation,  upon  any
such  corporation,  association  or  person for a violation of any order
issued by the board pursuant to the provisions [of sections two  hundred
twenty-two  through  seven  hundred  five]  of this chapter or the rules
promulgated by the board pursuant thereto, 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. 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 supreme  court  in  the  manner  provided  by  and  subject  to  the
provisions of article seventy-eight of the civil practice law and rules.

S. 646--A                           3

  S  4.    Section 1005 of the racing, pari-mutuel wagering and breeding
law, as added by chapter 363 of the laws of 1984, is amended to read  as
follows:
  S  1005. 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 simulcasts on  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  [article]  CHAPTER  or  the  rules
promulgated  by  the board pursuant thereto, not exceeding [five] TWENTY
thousand dollars for each violation. The board is further authorized and
empowered to impose monetary fines, not exceeding [five] TWENTY thousand
dollars for each violation, upon any such  corporation,  association  or
person  for a violation of any order issued by the board pursuant to the
provisions of this [article] CHAPTER or the  rules  promulgated  by  the
board  pursuant  thereto,  provided that a copy of such order shall have
been served, either personally or by registered mail,  upon  the  corpo-
ration,  association  or  person to whom the same was directed, prior to
the occurrence of the violation for which such  fine  is  imposed.  Such
fines  shall be paid into the state treasury. The action of the board in
imposing any monetary fine shall be reviewable in the supreme  court  in
the  manner  provided by and subject to the provisions of article seven-
ty-eight of the civil practice law and rules.
  S 5. This act shall take effect immediately.

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