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.