S T A T E O F N E W Y O R K
________________________________________________________________________
879
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
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:
§ 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03850-01-3