S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1896
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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 912 to read as follows:
   § 912. RACING FAN ADVISORY BOARD. 1. THERE IS HEREBY CREATED A  RACING
 FAN  ADVISORY  BOARD  TO  PROVIDE  ADVICE  TO  THE NEW YORK STATE GAMING
 COMMISSION 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  NEW  YORK
 STATE GAMING COMMISSION.  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  NEW  YORK
 STATE GAMING COMMISSION.
   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.
              

                                                            LBD06561-01-1

 A. 1896                             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
 NEW  YORK  STATE GAMING COMMISSION 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  NEW
 YORK STATE GAMING COMMISSION 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 NEW YORK STATE GAMING  COMMISSION
 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 NEW  YORK  STATE
 GAMING  COMMISSION,  OR  BY  WRITTEN NOTICE TO BOTH SUCH CHAIRPERSONS BY
 THREE MEMBERS OF THE RACING FAN ADVISORY BOARD, IN WHICH CASE THE CHAIR-
 PERSON OF THE NEW YORK STATE GAMING  COMMISSION  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 NEW YORK STATE GAMING COMMISSION ON ISSUES RELATED TO
 HORSE RACING AND WAGERING;
   (C) MAKE REPORTS TO THE NEW YORK STATE GAMING COMMISSION 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 NEW YORK STATE GAMING COMMISSION 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 NEW YORK STATE GAMING COMMISSION.
   §  2. Subdivision 18-c of section 100 of the economic development law,
 as amended by chapter 92 of the laws of 2017,  is  amended  to  read  as
 follows:
   18-c.  to  establish, in cooperation with the commissioner of agricul-
 ture and markets, procedures for proposing nominations, including proce-

 A. 1896                             3

 dures to coordinate with such commissioner to determine which department
 shall make nominations for awards in categories that may be  similar  to
 those  listed  in  subdivision nine of section three hundred nine of the
 agriculture  and  markets  law  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 recogni-
 tion 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.
   § 3. I Love NY Racing promotion. The New York state gaming  commission
 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.
   § 4. This act shall take effect immediately.