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
                                ___________
 
 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.