senate Bill S3949B

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A7852 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.175
Jul 08, 2011 delivered to governor
Jun 21, 2011 returned to assembly
passed senate
3rd reading cal.326
substituted for s3949b
Jun 21, 2011 substituted by a7852a
Jun 16, 2011 amended on third reading (t) 3949b
Jun 07, 2011 amended on third reading (t) 3949a
Apr 12, 2011 advanced to third reading
Apr 11, 2011 2nd report cal.
Apr 06, 2011 1st report cal.326
Mar 10, 2011 referred to racing, gaming and wagering

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3949 - Bill Details

See Assembly Version of this Bill:
A7852A
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 Sessions:
2011-2012: A6384A
2009-2010: S6781A

S3949 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3949 REVISED 04/06/11

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

PURPOSE OF BILL:
Allows the thoroughbred horsemen's organization at Aqueduct, Belmont
and Saratoga (NYTHA) to use horsemen's purse funds to support much
needed health services for backstretch employees.

SUMMARY OF PROVISIONS:
This bill extends the expiration date to 2012 for the contributions of
an additional 1.0% of purse money; adds the intention to have the
horsemen's organization increase its support for the provision of
health services to backstretch employees.

EXISTING LAW:
The existing law expires August 31, 2011.

JUSTIFICATION:
In the past, the additional purse funds received by NYTHA have
provided for testing for steroids in racehorses.
This funding provides for continuing support for that program at
Morrisville College. This bill would also allow for enhanced support
for health and dental benefits for backstretch workers.

LEGISLATIVE HISTORY:
Bills supporting both programs became law in 2007, 2008, 2009 and 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3949

                       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

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to certain payments to the horsemen's organization

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

  Section  1.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10013-01-1

S. 3949                             2

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 2. This act shall take effect immediately.

S3949A - Bill Details

See Assembly Version of this Bill:
A7852A
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 Sessions:
2011-2012: A6384A
2009-2010: S6781A

S3949A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3949A

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;
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; and
to amend the racing, pari-mutuel wagering and breeding law and
the economic development
law, in relation to creating a racing fan advisory board and
establishing an I Love NY Racing
promotion

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to allow the thoroughbred
horsemen's organization at Aqueduct, Belmont and Saratoga (NYTHA) to
use horsemen's purse funds to support much needed health services for
backstretch employees, provide continued revenue to the New York
State Thoroughbred Breeding and Development Fund and to promote horse
racing in New York State.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Extends the expiration date to August 31, 2012 for the
contributions of an additional 1.0% of purse money; adds the
intention to have the horsemen's organization increase its support
for the provision of medical, mental health and other essential
services to backstretch employees.

Section 2: Amends paragraph a of subdivision I and paragraphs a, e and
f of subdivision 2 of section 254 of the racing, pari-mutuel wagering
and breeding law, to remove the sunset date as enacted by chapter 473
of the laws of 2010. Chapter 73 of the Laws of 2010 sunsets when the
Video Lottery Terminals (VLTS) come online at Aqueduct race track,
which is anticipated sometime in mid-2011. Specifically, the
following provisions should be extended for one year following the
VLTS coming online:

o required payments to be made to the fund on a quarterly basis;
o the percentage of revenue that can be allotted to breeder awards
would be maintained at 65 percent;
o amount of money used for promoting the breeding and raising of
thoroughbred horses would be increased by one percent to an amount up
to six percent; and
o administrative allotments from the fund would
be increased from 4 percent up to 5 percent.

Section 3: Creates a racing fan advisory board.

Section 4: Creates an award for the New York State Horse Racing Farm
of the Year similar to other awards relating to agriculture.

Section 5: Creates an I Love NY Racing promotion, subject to
appropriation.


Section 6: Effective date.

JUSTIFICATION:
In the past, the additional purse funds received by NYTHA have
provided for testing for steroids in racehorses.
This funding provides for continuing support for that program at
Morrisville College. This bill would also allow for enhanced support
for health and dental benefits for backstretch workers.

Chapter 473 of the Laws of 2010 provided some flexibility to the
Thoroughbred Breeding and Development Fund. This law is currently
slated to expire upon the commencement of the operation of a video
lottery facility at Aqueduct racetrack, which could be sometime this
year. The Fund has recently voted to implement all of the provisions
of Chapter 473, however, in light of New York City Off-Track Betting
Corporation's much publicized bankruptcy and subsequent closing down
of operations, the Fund stands to lose a significant portion of its
revenue.
It is estimated that 36% of the Fund's annual revenue was provided by
NYCOTB ($3.8 million), and prior to the bankruptcy proceedings,
NYCOTB had stopped making contributions altogether to the Fund. To
help offset this critical loss of revenue, this legislation would
continue the provisions of Chapter 473 for one year following the
VLTS coming online at Aqueduct race track.

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.

The New York Racing and Breeding Program has evolved significantly
since 1973. The goals set out for the Fund have been well
accomplished, especially in the last decade. However, the industry
has seen significant declines in handle year after year. With that,
the Fund's revenue has rapidly fallen each year placing a burden on
the ability to pay awards to participants at advertised rates within
the statutory cap as the Breeding Program has grown. Additionally,
Governmental Accounting Standards Board (GASB 45) regulations have
required the Fund to account for administrative costs years ahead.
Therefore, the Board of Directors of the Thoroughbred Breeding Fund
require the ability to allot Fund revenue based on the current state
of the Thoroughbred industry.
To do so, the statutory limitations on Fund allocations need further
room for growth to accommodate awards earned and revenue at hand to


the Fund. This legislation is a housekeeping modification that has no
financial impact on any other organization or segment of the industry.

NY Thoroughbred Breeders are a key sector of New York's agricultural
economy, which is the number one agri-business for New York.
Thoroughbred Breeders have a significant, positive impact on the
upstate economy by providing jobs, protecting open space, preserving
property values and contributing to the overall state and local
economies. Thoroughbred breeders play a central role in strengthening
New York's horse racing industry by helping maintain the highest
levels of racing, and producing superior quality thoroughbreds. New
York thoroughbred farms range from large commercial facilities to
smaller family owned operations, who are struggling to make ends
meet. New York is home to over 400 thoroughbred breeding farms
utilizing 43,000 acres of working landscape or "green space."
Spending by suppliers and employees generates additional jobs in New
York for a total employment impact of over 35,000 agribusiness jobs.

Horse racing has a direct and indirect role in thousands of jobs in
New York State both on and off tracks. The development of the racing
fan base and the promotion of the sport of racing is critical to the
future success of the sport. This legislation seeks to better involve
racing fans in developing the sport of racing and promoting the sport
of racing.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None known other than the administrative costs of setting up the
Racing Fan Advisory Board.

EFFECTIVE DATE:
Immediately.

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

                                 3949--A
    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

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to certain payments to the horsemen's organization; 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; and to amend the racing, pari-mutuel wagering and breeding law and
  the  economic  development  law,  in relation to creating a racing fan
  advisory board and establishing an I Love NY Racing promotion

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

  Section  1.  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10013-02-1

S. 3949--A                          2

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 2.   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
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  3.  The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 911 to read as follows:
  S 911. RACING FAN ADVISORY BOARD. 1. THERE IS HEREBY CREATED A  RACING
FAN  ADVISORY  BOARD  TO PROVIDE ADVICE TO THE STATE RACING AND WAGERING
BOARD ON ISSUES RELATED TO HORSE RACING AND WAGERING.
  2. THE RACING FAN  ADVISORY  BOARD  SHALL  BE  A  SEVEN  MEMBER  BOARD
APPOINTED  BY  THE  GOVERNOR  AS FOLLOWS: THREE PERSONS APPOINTED BY THE
GOVERNOR; ONE PERSON APPOINTED BY THE GOVERNOR UPON  THE  RECOMMENDATION
OF  THE  TEMPORARY  PRESIDENT OF THE SENATE; ONE PERSON APPOINTED BY THE
GOVERNOR UPON THE RECOMMENDATION OF THE SPEAKER  OF  THE  ASSEMBLY;  ONE
PERSON  APPOINTED  BY  THE GOVERNOR UPON THE JOINT RECOMMENDATION OF THE
CHAIRPERSONS OF THE SENATE COMMITTEE ON RACING, WAGERING AND GAMING  AND
THE  ASSEMBLY  COMMITTEE ON RACING AND WAGERING; ONE MEMBER APPOINTED BY
THE GOVERNOR UPON THE RECOMMENDATION OF THE MEMBERS OF THE STATE  RACING
AND  WAGERING  BOARD.  THE  CHAIRPERSON  OF  THE ADVISORY BOARD SHALL BE
SELECTED BY THE GOVERNOR AND SERVE IN THAT POSITION  AT  THE  GOVERNOR'S
PLEASURE.    NO  MEMBER  OF  THE BOARD SHALL OWN MORE THAN ONE HORSE, OR
PORTION OF AN INTEREST IN A HORSE,  WHICH  RACES  COMPETITIVELY  IN  ANY
CALENDAR  YEAR  AT  ANY  RACE  TRACK  LICENSED OR REGULATED BY THE STATE
RACING AND WAGERING BOARD.
  3. OF THE THREE MEMBERS APPOINTED BY THE GOVERNOR, THE FOLLOWING QUAL-
IFICATIONS SHALL BE CONSIDERED PRIOR TO APPOINTMENT:  INVOLVEMENT WITH A
NON-PROFIT CORPORATION WHICH SEEKS TO PROMOTE  FAN  DEVELOPMENT  IN  THE

S. 3949--A                          3

SPORT  OF  HORSE  RACING; OR EMPLOYMENT WITH AN OFF-TRACK-BETTING CORPO-
RATION ESTABLISHED PURSUANT TO THIS CHAPTER; OR CERTIFICATION AND LICEN-
SURE AS A VETERINARIAN WITH A PRACTICE DEVOTED PRIMARILY TO HORSES.
  4.  EACH  MEMBER  SHALL BE APPOINTED FOR A TERM OF SEVEN YEARS, EXCEPT
THE FIRST MEMBER APPOINTED BY THE GOVERNOR UPON  THE  RECOMMENDATION  OF
THE CHAIRPERSONS OF THE SENATE RACING, WAGERING AND GAMING COMMITTEE AND
ASSEMBLY  RACING  AND  WAGERING  COMMITTEE, WHO SHALL BE APPOINTED FOR A
TERM OF ONE YEAR; AND THE FIRST MEMBER APPOINTED BY  THE  GOVERNOR  UPON
THE  RECOMMENDATION  OF  THE  SPEAKER  OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE SHALL BE APPOINTED TO TERMS OF THREE YEARS;  AND
THE  MEMBERS APPOINTED BY THE GOVERNOR WHO SHALL HAVE THE AFOREMENTIONED
EXPERIENCE SHALL BE APPOINTED TO TERMS OF FIVE  YEARS;  AND  THE  MEMBER
APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE MEMBERS OF THE
STATE  RACING  AND  WAGERING BOARD SHALL BE APPOINTED TO A TERM OF SEVEN
YEARS.  VACANCIES SHALL BE FILLED BY THE MANNER OF  THE  APPOINTMENT  OF
THE VACATED POSITION FOR THE UNEXPIRED TERM.
  5.  THE  MEMBERS  OF THE RACING FAN ADVISORY BOARD SHALL SERVE WITHOUT
COMPENSATION BUT MAY REQUEST AND SHALL RECEIVE ASSISTANCE FROM THE STATE
RACING AND WAGERING BOARD FOR INFORMATION RELATING TO  HORSE  RACING  IN
NEW  YORK  STATE.  THE  MEMBERS  OF THE RACING FAN ADVISORY BOARD MAY BE
REIMBURSED FOR THEIR NECESSARY AND ACTUAL EXPENSES IN THE PERFORMANCE OF
THEIR DUTIES UNDER THIS SECTION.  THE MEMBERS OF THE RACING FAN ADVISORY
BOARD SHALL BE ISSUED A LICENSE BY THE STATE RACING AND  WAGERING  BOARD
WHICH SHALL PROVIDE THEM ACCESS TO THE TRACK AND BACK STRETCH OF ALL NEW
YORK  STATE  LICENSED  FACILITIES DURING THE LENGTH OF THEIR TERM ON THE
RACING FAN ADVISORY BOARD.  MEMBERS SHALL BE REQUIRED TO FILE AN OATH OF
OFFICE, AND EACH YEAR OF HIS OR HER TERM, SHALL  MAKE  ANNUAL  FINANCIAL
DISCLOSURES  AS IF THEY WERE A POLICY MAKING EMPLOYEE OF THE STATE UNDER
SECTION SEVENTY-THREE-A OF THE PUBLIC  OFFICERS  LAW.  MEETINGS  OF  THE
RACING  FAN  ADVISORY  BOARD  SHALL  BE CALLED BY THE CHAIRPERSON OF THE
RACING FAN ADVISORY BOARD, OR BY THE CHAIRPERSON OF THE STATE RACING AND
WAGERING BOARD, OR BY WRITTEN NOTICE TO BOTH SUCH CHAIRPERSONS BY  THREE
MEMBERS  OF THE RACING FAN ADVISORY BOARD, IN WHICH CASE THE CHAIRPERSON
OF THE STATE RACING AND WAGERING BOARD SHALL CONVENE SUCH A  MEETING  OF
THE  RACING  FAN  ADVISORY BOARD BY ACTUAL NOTICE TO ALL SUCH MEMBERS OF
THE RACING FAN ADVISORY BOARD.
  6. THE RACING FAN ADVISORY BOARD SHALL:
  (A) MEET PURSUANT TO THE REQUIREMENTS OF ARTICLE SEVEN OF  THE  PUBLIC
OFFICERS LAW;
  (B)  ADVISE  THE  STATE RACING AND WAGERING BOARD ON ISSUES RELATED TO
HORSE RACING AND WAGERING;
  (C) MAKE REPORTS TO THE STATE RACING AND WAGERING BOARD REGARDING  THE
OPERATION  OF  THE THOROUGHBRED AND HARNESS RACE TRACKS AND ADVISE AS TO
WHETHER THE OPERATOR OF RACES  AT  SUCH  TRACKS,  BASED  ON  INFORMATION
AVAILABLE TO THE RACING FAN ADVISORY BOARD, IS SERVING THE GROWTH OF THE
SPORT OF THOROUGHBRED RACING;
  (D)  HAVE  AS  THEIR MISSION THE GROWTH OF THE FAN BASE RELATED TO THE
SPORT OF RACING; AND
  (E) ADVISE THE STATE RACING AND WAGERING BOARD ON APPROPRIATE  ACTIONS
TO  ENCOURAGE FAN ATTENDANCE AT HORSE RACING TRACKS OR AT OFF-TRACK-BET-
TING CORPORATIONS ORGANIZED UNDER THIS CHAPTER OR ANY  SUCCESSOR  ENTITY
OF SUCH ORGANIZATION LICENSED BY THE STATE RACING AND WAGERING BOARD.
  S  4. Subdivision 18-c of section 100 of the economic development law,
as added by chapter 212 of the laws of  1996,  is  amended  to  read  as
follows:

S. 3949--A                          4

  18-c.  to  establish, in cooperation with the commissioner of agricul-
ture and markets, procedures for proposing nominations to  the  governor
for  [three]  FOUR  annual,  non-monetary awards to be known as: (a) New
York State Direct Farm Marketing Award; (b) New York State  Agri-Tourism
Award;  [and]  (c)  New York State Specialty Food Product Award; AND (D)
NEW YORK STATE HORSE RACING FARM OF THE YEAR AWARD.  These awards  shall
be  given  in  recognition of EXCEPTIONAL OR unusual efforts by farmers,
food processors and food retailers for the marketing of New  York  state
grown  agricultural  commodities  or  foods  processed from or primarily
containing New York state agricultural commodities and for promoting New
York state farms that are also tourist destinations, AND HORSE  BREEDING
AND  RACING  FARMS WHICH ARE RECOGNIZED AS HELPING TO DEVELOP NEW YORK'S
HORSE RACING INDUSTRY.
  S 5. I Love NY Racing promotion. The state racing and  wagering  board
shall, in cooperation with the racing fan advisory board, and in cooper-
ation  with the commissioner of agriculture and markets, and the commis-
sioner of economic development, create an I Love  NY  Racing  promotion.
Such  promotion  shall  cause  grants  to be made to the racing industry
pursuant to appropriation for such purpose. Such grants shall be made to
tourism promotion agencies and not-for-profit  corporations,  who  shall
work  with  the  racing  fan  advisory board to develop the promotion of
harness and thoroughbred racing. Such promotions shall include tours  of
race  tracks,  horse training and breeding farms, and educational events
to teach racing fans about the sport of horse racing.
  S 6. This act shall take effect immediately.

S3949B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7852A
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 Sessions:
2011-2012: A6384A
2009-2010: S6781A

S3949B (ACTIVE) - Bill Texts

view 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.

view 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.

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                    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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