S T A T E   O F   N E W   Y O R K
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                                  7900

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

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  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  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
SPORT  OF  HORSE  RACING; OR EMPLOYMENT WITH AN OFF-TRACK-BETTING CORPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09590-04-1
              

A. 7900                             2

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  2. 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:
  18-c.  to  establish, in cooperation with the commissioner of agricul-
ture and markets, procedures for proposing nominations to  the  governor

A. 7900                             3

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  3.  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 4. This act shall take effect immediately.