S T A T E O F N E W Y O R K
________________________________________________________________________
3759--A
Cal. No. 166
2011-2012 Regular Sessions
I N S E N A T E
March 3, 2011
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Introduced by Sens. BONACIC, KLEIN, McDONALD -- read twice and ordered
printed, and when printed to be committed to the Committee on Racing,
Gaming and Wagering -- 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 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09590-03-1
S. 3759--A 2
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-
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. 3759--A 3
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
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.
