S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1805
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04120-01-3
              

 S. 1805                             2
 
 EVENT  OF  A VACANCY OCCURRING DURING A TERM OF APPOINTMENT BY REASON OF
 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.