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A03659 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3659
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 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  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:
 
     1    Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
     2  amended by adding a new section 912 to read as follows:
     3    § 912. Racing fan advisory board. 1. There is hereby created a  racing
     4  fan  advisory  board  to  provide  advice  to  the New York state gaming
     5  commission on issues related to horse racing and wagering.
     6    2. The racing fan  advisory  board  shall  be  a  seven  member  board
     7  appointed  by  the  governor  as follows: three persons appointed by the
     8  governor; one person appointed by the governor upon  the  recommendation
     9  of  the  temporary  president of the senate; one person appointed by the
    10  governor upon the recommendation of the speaker  of  the  assembly;  one
    11  person  appointed  by  the governor upon the joint recommendation of the
    12  chairpersons of the senate committee on racing, wagering and gaming  and
    13  the  assembly  committee on racing and wagering; one member appointed by
    14  the governor upon the recommendation of the  members  of  the  New  York
    15  state gaming commission.  The chairperson of the advisory board shall be
    16  selected  by  the  governor and serve in that position at the governor's
    17  pleasure.  No member of the board shall own  more  than  one  horse,  or
    18  portion  of  an  interest  in  a horse, which races competitively in any
    19  calendar year at any race track licensed or regulated by  the  New  York
    20  state gaming commission.
    21    3. Of the three members appointed by the governor, the following qual-
    22  ifications shall be considered prior to appointment:  involvement with a
    23  non-profit  corporation  which  seeks  to promote fan development in the
    24  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.
                                                                   LBD08395-01-3

        A. 3659                             2
 
     1  ration established pursuant to this chapter; or certification and licen-
     2  sure as a veterinarian with a practice devoted primarily to horses.
     3    4.  Each  member  shall be appointed for a term of seven years, except
     4  the first member appointed by the governor upon  the  recommendation  of
     5  the chairpersons of the senate racing, wagering and gaming committee and
     6  assembly  racing  and  wagering  committee, who shall be appointed for a
     7  term of one year; and the first member appointed by  the  governor  upon
     8  the  recommendation  of  the  speaker  of the assembly and the temporary
     9  president of the senate shall be appointed to terms of three years;  and
    10  the  members appointed by the governor who shall have the aforementioned
    11  experience shall be appointed to terms of five  years;  and  the  member
    12  appointed by the governor, upon the recommendation of the members of the
    13  New  York  state gaming commission shall be appointed to a term of seven
    14  years.  Vacancies shall be filled by the manner of  the  appointment  of
    15  the vacated position for the unexpired term.
    16    5.  The  members  of the racing fan advisory board shall serve without
    17  compensation but may request and shall receive assistance from  the  New
    18  York state gaming commission for information relating to horse racing in
    19  New  York  state.  The  members  of the racing fan advisory board may be
    20  reimbursed for their necessary and actual expenses in the performance of
    21  their duties under this section.  The members of the racing fan advisory
    22  board shall be issued a license by the New York state gaming  commission
    23  which shall provide them access to the track and back stretch of all New
    24  York  state  licensed  facilities during the length of their term on the
    25  racing fan advisory board.  Members shall be required to file an oath of
    26  office, and each year of his or her term, shall  make  annual  financial
    27  disclosures  as if they were a policy making employee of the state under
    28  section seventy-three-a of the public  officers  law.  Meetings  of  the
    29  racing  fan  advisory  board  shall  be called by the chairperson of the
    30  racing fan advisory board, or by the chairperson of the New  York  state
    31  gaming  commission,  or  by  written notice to both such chairpersons by
    32  three members of the racing fan advisory board, in which case the chair-
    33  person of the New York state gaming  commission  shall  convene  such  a
    34  meeting  of  the  racing fan advisory board by actual notice to all such
    35  members of the racing fan advisory board.
    36    6. The racing fan advisory board shall:
    37    (a) meet pursuant to the requirements of article seven of  the  public
    38  officers law;
    39    (b)  advise  the New York state gaming commission on issues related to
    40  horse racing and wagering;
    41    (c) make reports to the New York state gaming commission regarding the
    42  operation of the thoroughbred and harness race tracks and advise  as  to
    43  whether  the  operator  of  races  at  such tracks, based on information
    44  available to the racing fan advisory board, is serving the growth of the
    45  sport of thoroughbred racing;
    46    (d) have as their mission the growth of the fan base  related  to  the
    47  sport of racing; and
    48    (e) advise the New York state gaming commission on appropriate actions
    49  to  encourage fan attendance at horse racing tracks or at off-track-bet-
    50  ting corporations organized under this chapter or any  successor  entity
    51  of such organization licensed by the New York state gaming commission.
    52    §  2. Subdivision 18-c of section 100 of the economic development law,
    53  as amended by chapter 572 of the laws of 2022, is  amended  to  read  as
    54  follows:
    55    18-c.  to  establish, in cooperation with the commissioner of agricul-
    56  ture and markets, procedures for proposing nominations, including proce-

        A. 3659                             3

     1  dures to coordinate with such commissioner to determine which department
     2  shall make nominations for awards in categories that may be  similar  to
     3  those  listed  in  subdivision nine of section three hundred nine of the
     4  agriculture  and  markets law to the governor for four annual, non-mone-
     5  tary awards to be known as: (a) New York  State  Direct  Farm  Marketing
     6  Award;  (b)  New  York  State  Agri-Tourism  Award;  (c)  New York State
     7  Specialty Food Product Award; [and] (d) New York Animal or  Plant  Fiber
     8  and  Textile Award; and (e) New York State Horse Racing Farm of the Year
     9  Award.  These awards shall be given in  recognition  of  exceptional  or
    10  unusual  efforts  by  farmers,  food  processors,  food retailers, fiber
    11  processors, and textile manufacturers and retailers for the marketing of
    12  New York state grown agricultural commodities, foods processed  from  or
    13  primarily   containing  New  York  state  agricultural  commodities,  or
    14  textiles manufactured in New York state from animal or plant fiber grown
    15  or produced predominantly in New York state and for promoting  New  York
    16  state  farms  that are also tourist destinations, and horse breeding and
    17  racing  farms which  are  recognized  as helping  to  develop New York's
    18  horse racing industry.
    19    § 3. I Love NY Racing promotion. The New York state gaming  commission
    20  shall, in cooperation with the racing fan advisory board, and in cooper-
    21  ation  with the commissioner of agriculture and markets, and the commis-
    22  sioner of economic development, create an I Love  NY  Racing  promotion.
    23  Such  promotion  shall  cause  grants  to be made to the racing industry
    24  pursuant to appropriation for such purpose. Such grants shall be made to
    25  tourism promotion agencies and not-for-profit  corporations,  who  shall
    26  work  with  the  racing  fan  advisory board to develop the promotion of
    27  harness and thoroughbred racing. Such promotions shall include tours  of
    28  race  tracks,  horse training and breeding farms, and educational events
    29  to teach racing fans about the sport of horse racing.
    30    § 4. This act shall take effect immediately.
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