Bill Text: NY A03603 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the racing and wagering board to impose monetary fines upon any corporation, association or person participating in a thoroughbred race meeting or off-track betting, whether licensed by such board or not, for violation of a board rule or regulation; does not apply to track or parlor patrons.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2012-01-04 - referred to racing and wagering [A03603 Detail]

Download: New_York-2011-A03603-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3603
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 26, 2011
                                      ___________
       Introduced  by M. of A. PRETLOW, REILLY, SPANO -- read once and referred
         to the Committee 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:
    1    Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
    2  amended by adding a new section 213-a to read as follows:
    3    S 213-A. POWER OF THE BOARD TO IMPOSE FINES AND PENALTIES. IN ADDITION
    4  TO  ITS  POWER  TO  SUSPEND  OR REVOKE LICENSES GRANTED BY IT, THE STATE
    5  RACING AND WAGERING BOARD IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE
    6  MONETARY FINES UPON ANY CORPORATION, ASSOCIATION OR PERSON PARTICIPATING
    7  IN ANY WAY IN ANY THOROUGHBRED RACE MEET AT WHICH PARI-MUTUEL BETTING IS
    8  CONDUCTED,  OTHER THAN AS A PATRON, AND WHETHER LICENSED BY THE BOARD OR
    9  NOT, FOR A VIOLATION OF ANY PROVISION  OF  THIS  CHAPTER  OR  THE  RULES
   10  PROMULGATED  BY  THE  BOARD PURSUANT THERETO, NOT EXCEEDING TEN THOUSAND
   11  DOLLARS  FOR  EACH  VIOLATION.  THE  BOARD  IS  FURTHER  AUTHORIZED  AND
   12  EMPOWERED  TO  IMPOSE MONETARY FINES, NOT EXCEEDING TEN THOUSAND DOLLARS
   13  FOR EACH VIOLATION, UPON ANY SUCH CORPORATION, ASSOCIATION OR PERSON FOR
   14  A VIOLATION OF ANY ORDER ISSUED BY THE BOARD PURSUANT TO THIS ARTICLE OR
   15  THE RULES PROMULGATED BY THE BOARD PURSUANT  THERETO,  PROVIDED  THAT  A
   16  COPY OF SUCH ORDER SHALL HAVE BEEN SERVED EITHER PERSONALLY OR BY REGIS-
   17  TERED MAIL, UPON THE CORPORATION, ASSOCIATION OR PERSON TO WHOM THE SAME
   18  WAS  DIRECTED,  PRIOR TO THE OCCURRENCE OF THE VIOLATION, FOR WHICH SUCH
   19  FINE IS IMPOSED.  THE BOARD SHALL ONLY IMPOSE SUCH FINE  UPON  A  CORPO-
   20  RATION,  ASSOCIATION  OR PERSON IN AN AMOUNT WHICH REFLECTS THE SEVERITY
   21  OF THE VIOLATION.   THE BOARD SHALL IMPOSE SUCH  FINES  SUBJECT  TO  THE
   22  NOTICE AND HEARING PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   23  SUCH  FINES  SHALL BE PAID INTO THE TREASURY OF THE STATE. THE ACTION OF
   24  THE BOARD IN IMPOSING ANY MONETARY  FINE  SHALL  BE  REVIEWABLE  IN  THE
   25  SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
   26  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   27    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05825-01-1