S T A T E O F N E W Y O R K
________________________________________________________________________
4709
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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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 creating the racing fan advisory council
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 103-a to read as follows:
§ 103-A. RACING FAN ADVISORY COUNCIL. THERE IS HEREBY ESTABLISHED A
RACING FAN ADVISORY COUNCIL WITHIN THE COMMISSION WHICH WILL OPERATE AS
FOLLOWS:
1. THE COUNCIL SHALL BE COMPOSED OF FIVE MEMBERS. NONE OF THE MEMBERS
OF THE COUNCIL SHALL BE EMPLOYEES OR OFFICERS OF THE COMMISSION OR BE
PAID EMPLOYEES, LOBBYISTS, OR OFFICERS OF ANY LICENSED OR FRANCHISED
RACETRACK OR OFF-TRACK BETTING CORPORATION OR ANY NONPROFIT CORPORATION
WHICH REPRESENTS BREEDERS OR HORSEMEN. MEMBERS SHALL BE SELECTED BASED
ON THEIR LONG-TERM INVOLVEMENT AND INTEREST IN, KNOWLEDGE OF, AND
DEVOTION TO THE SPORT OF HORSE RACING AS FANS OF THE SPORT. FIVE PERSONS
SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE COMMISSION. ONE
PERSON SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE CHAIRPERSON OF
THE SENATE COMMITTEE ON RACING, GAMING AND WAGERING, AND ONE PERSON
SHALL BE APPOINTED BY THE CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON
RACING AND WAGERING.
2. THE CHAIRPERSON OF THE COUNCIL SHALL BE SELECTED BY THE EXECUTIVE
DIRECTOR OF THE COMMISSION. THE DEPUTY CHAIRPERSON SHALL BE SELECTED BY
A MAJORITY VOTE OF THE COUNCIL FROM AMONG THE PERSONS APPOINTED AT THE
RECOMMENDATION OF THE CHAIRPERSONS OF THE DESIGNATED LEGISLATIVE COMMIT-
TEES.
3. THE MEMBERS OF THE COUNCIL SHALL SERVE FOR A PERIOD OF FIVE YEARS
WITH ALL TERMS BEGINNING SEPTEMBER FIRST, TWO THOUSAND SIXTEEN. IN THE
EVENT OF A VACANCY OCCURRING DURING A TERM OF APPOINTMENT BY REASON OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08619-01-9
A. 4709 2
DEATH, RESIGNATION, DISQUALIFICATION OR OTHERWISE, SUCH VACANCY SHALL BE
FILLED FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT.
4. THE RACING FAN ADVISORY COUNCIL SHALL REQUEST AND SHALL RECEIVE THE
ASSISTANCE AND COOPERATION OF THE COMMISSION IN REGARD TO RECEIPT OF
INFORMATION RELATING TO HORSE RACING AND WAGERING IN THIS STATE.
5. THE RACING FAN ADVISORY COUNCIL SHALL:
(A) HAVE AS ITS MISSION THE GROWTH OF THE FAN BASE RELATED TO THE
SPORT OF HORSE RACING;
(B) RECOMMEND PROCEDURES TO ENSURE THAT THE OPINION OF THE FAN IS A
CENTRAL PART OF THE REGULATION OF HORSE RACING;
(C) PREPARE AN ANNUAL REPORT, AND ANY OTHER REPORTS IT DEEMS NECES-
SARY, TO THE COMMISSION REGARDING THE OPERATION OF THE STATE'S THOROUGH-
BRED AND HARNESS RACETRACKS AND THE STATE'S OFF-TRACK BETTING CORPO-
RATIONS;
(D) ADVISE THE COMMISSION ON APPROPRIATE ACTIONS TO ENCOURAGE FAN
ATTENDANCE AND WAGERING AT THE STATE'S THOROUGHBRED AND HARNESS RACE-
TRACKS AND THE STATE'S OFF-TRACK BETTING CORPORATIONS;
(E) BE AUTHORIZED BY THE COMMISSION TO ENTER UPON THE RACETRACKS AND
THEIR FACILITIES REGULATED OR CONTROLLED BY THE BOARD DURING RACE TIMES,
AND DURING PERIODS OF HORSE WORKOUTS, AND DURING HOURS WHEN MEMBERS OF
THE MEDIA ARE PERMITTED TO BE PRESENT AT THE FACILITIES;
(F) RECOMMEND CHANGES TO THE RULES OF THE COMMISSION AND TO THE LAWS
AFFECTING HORSE RACING;
(G) PERFORM SUCH OTHER DUTIES AS MAY BE INCREASED BY ORDER OF THE
COMMISSION;
(H) ENGAGE NEW YORK STATE'S RACING FAN POPULATION ON HOW TO MAKE THE
SPORT MORE APPEALING;
(I) RECOMMEND TO THE COMMISSION FURTHER PROCEDURES TO MAKE STEWARD AND
PRESIDING JUDGE ACTIONS THAT IMPACT THE BETTING PUBLIC MORE TRANSPARENT;
AND
(J) WORK WITH RELEVANT COMPONENT INDUSTRIES TO BETTER EDUCATE THE
CASUAL FAN AS TO SIGNIFICANT INDUSTRY TOPICS.
§ 2. This act shall take effect immediately; provided, however, that
the members of the racing fan advisory council as created by resolution
of the New York Gaming Commission dated September 1, 2016, shall be the
initial members of the racing fan advisory council as established by
this act.