S T A T E   O F   N E W   Y O R K
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                                  1288

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2015
                               ___________

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,  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. The  racing,  pari-mutuel  wagering  and  breeding  law  is
amended by adding a new section 213-a to read as follows:
  S  213-A.  POWER  OF  THE COMMISSION TO IMPOSE FINES AND PENALTIES. IN
ADDITION TO ITS POWER TO SUSPEND OR REVOKE LICENSES GRANTED BY  IT,  THE
STATE  GAMING  COMMISSION  IS  HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE
MONETARY FINES UPON ANY CORPORATION, ASSOCIATION OR PERSON PARTICIPATING
IN ANY WAY IN ANY THOROUGHBRED RACE MEET AT WHICH PARI-MUTUEL BETTING IS
CONDUCTED, OTHER THAN AS A PATRON, AND WHETHER LICENSED BY  THE  COMMIS-
SION  OR  NOT,  FOR  A VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE
RULES PROMULGATED BY THE COMMISSION PURSUANT THERETO, NOT EXCEEDING  TEN
THOUSAND  DOLLARS  FOR EACH VIOLATION. THE COMMISSION IS FURTHER AUTHOR-
IZED AND EMPOWERED TO IMPOSE MONETARY FINES, NOT EXCEEDING TEN  THOUSAND
DOLLARS  FOR  EACH  VIOLATION, UPON ANY SUCH CORPORATION, ASSOCIATION OR
PERSON FOR A VIOLATION OF ANY ORDER ISSUED BY THE COMMISSION PURSUANT TO
THIS ARTICLE OR THE RULES PROMULGATED BY THE COMMISSION PURSUANT  THERE-
TO,  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.   THE COMMISSION  SHALL  ONLY
IMPOSE  SUCH FINE UPON A CORPORATION, ASSOCIATION OR PERSON IN AN AMOUNT
WHICH REFLECTS THE SEVERITY OF THE  VIOLATION.    THE  COMMISSION  SHALL
IMPOSE  SUCH  FINES  SUBJECT TO THE NOTICE AND HEARING PROVISIONS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT.  SUCH FINES SHALL BE PAID  INTO  THE
TREASURY  OF  THE  STATE.  THE  ACTION OF THE COMMISSION 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 2. This act shall take effect immediately.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05522-01-5