S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4414
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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  CHAIRPERSON 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 AND THE DEPUTY CHAIRPERSON OF THE COUNCIL SHALL  BE
 SELECTED  BY  THE  CHAIRPERSON OF THE COMMISSION. THE DEPUTY CHAIRPERSON
 SHALL BE SELECTED FROM AMONG THE PERSONS APPOINTED BY  THE  CHAIRPERSONS
 OF THE DESIGNATED LEGISLATIVE COMMITTEES.
   3.  THE MEMBERS OF THE COUNCIL SHALL SERVE FOR A PERIOD OF FIVE YEARS.
 IN THE EVENT OF A VACANCY OCCURRING DURING  A  TERM  OF  APPOINTMENT  BY
 REASON OF DEATH, RESIGNATION, DISQUALIFICATION OR OTHERWISE, SUCH VACAN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04133-01-7
              

 A. 4414                             2
 
 CY  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) ADVISE THE COMMISSION ON ISSUES RELATED TO HORSE RACING AND WAGER-
 ING;
   (D) 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;
   (E) 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;
   (F) 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;
   (G) ADVISE THE COMMISSION ON THE CREATION AND DEVELOPMENT OF AN I LOVE
 NY RACING PROMOTION;
   (H) GIVE AN ANNUAL, NON-MONETARY AWARD TO A NEW YORK  STATE  THOROUGH-
 BRED  BREEDING  FARM,  IN  CONJUNCTION  WITH  THE STATEWIDE THOROUGHBRED
 BREEDERS ASSOCIATION REPRESENTING THE MAJORITY OF BREEDERS OF REGISTERED
 THOROUGHBREDS IN NEW YORK STATE,  WHICH  HAS  WORKED  TO  PROMOTE  HORSE
 RACING IN THIS STATE;
   (I)  GIVE  AN  ANNUAL, NON-MONETARY AWARD TO A NEW YORK STATE STANDARD
 BREEDING FARM, IN CONJUNCTION WITH THE STATEWIDE  STANDARDBRED  BREEDERS
 ASSOCIATION  REPRESENTING  THE  MAJORITY OF BREEDERS OF REGISTERED STAN-
 DARDBRED IN NEW YORK STATE, WHICH HAS WORKED TO PROMOTE HORSE RACING  IN
 THIS STATE;
   (J)  RECOMMEND  CHANGES TO THE RULES OF THE COMMISSION AND TO THE LAWS
 AFFECTING HORSE RACING; AND
   (K) PERFORM SUCH OTHER DUTIES AS MAY BE  INCREASED  BY  ORDER  OF  THE
 COMMISSION.
   §  2.  This act shall take effect immediately; provided, however, that
 the members of the racing fan advisory council as created by  resolution
 adopted  by  the  New  York  state racing and wagering board on June 29,
 2011, shall be the initial members of the racing fan advisory council as
 established by this act.