S T A T E   O F   N E W   Y O R K
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                                  3023

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced by Sen. ADAMS -- (at request of the New York State Racing and
  Wagering Board) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Racing, Gaming 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.  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-FIVE  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09597-01-9
              

S. 3023                             2

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-FIVE  thousand dollars for each violation. The
board is further authorized and empowered to impose monetary fines,  not
exceeding  [five]  TWENTY-FIVE 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-FIVE  thousand dollars for each violation. The
board is further authorized and empowered to impose monetary fines,  not
exceeding  [five]  TWENTY-FIVE 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  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. 3023                             3

  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-
FIVE  thousand  dollars for each violation. The board is further author-
ized and empowered to impose monetary fines, not exceeding [five]  TWEN-
TY-FIVE  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 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 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 seventy-eight of the civil practice law and rules.
  S 5. This act shall take effect immediately.