Bill Text: NY A04157 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to racing and wagering [A04157 Detail]

Download: New_York-2019-A04157-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4157
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 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 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    §  213-a.  Power  of  the commission to impose fines and penalties. In
     4  addition to its power to suspend or revoke licenses granted by  it,  the
     5  state  gaming  commission  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  commis-
     9  sion  or  not,  for  a violation of any provision of this chapter or the
    10  rules promulgated by the commission pursuant thereto, not exceeding  ten
    11  thousand  dollars  for each violation. The commission is further author-
    12  ized and empowered to impose monetary fines, not exceeding ten  thousand
    13  dollars  for  each  violation, upon any such corporation, association or
    14  person for a violation of any order issued by the commission pursuant to
    15  this article or the rules promulgated by the commission pursuant  there-
    16  to,  provided  that  a  copy of such order shall have been served either
    17  personally or by registered mail, upon the corporation,  association  or
    18  person  to  whom  the  same was directed, prior to the occurrence of the
    19  violation, for which such fine is imposed.   The commission  shall  only
    20  impose  such fine upon a corporation, association or person in an amount
    21  which reflects the severity of the  violation.    The  commission  shall
    22  impose  such  fines  subject to the notice and hearing provisions of the
    23  state administrative procedure act.  Such fines shall be paid  into  the
    24  treasury  of  the  state.  The  action of the commission in imposing any
    25  monetary fine shall be reviewable in the supreme  court  in  the  manner
    26  provided  by  and  subject to the provisions of article seventy-eight of
    27  the civil practice law and rules.
    28    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04525-01-9