Bill S3949B-2011

Relates to extending certain provisions of law relating to the New York state thoroughbred breeding and development fund

Relates to extending the provisions of chapter 473 of 2010 relating to the New York state thoroughbred breeding and development fund until one year after the operation of a video lottery terminal facility at Aqueduct racetrack.

Details

Actions

  • Jun 21, 2011: SUBSTITUTED BY A7852A
  • Jun 16, 2011: AMENDED ON THIRD READING (T) 3949B
  • Jun 7, 2011: AMENDED ON THIRD READING (T) 3949A
  • Apr 12, 2011: ADVANCED TO THIRD READING
  • Apr 11, 2011: 2ND REPORT CAL.
  • Apr 6, 2011: 1ST REPORT CAL.326
  • Mar 10, 2011: REFERRED TO RACING, GAMING AND WAGERING

Calendars

Memo

BILL NUMBER:S3949B

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to certain payments to the horsemen's organization; and to amend chapter 473 of the laws of 2010 amending the racing, pari-mutuel wagering and breeding law relating to the New York state thoroughbred breeding and development fund, in relation to the effectiveness thereof

PURPOSE: The purpose of this legislation is to allow the New York State Thoroughbred Horsemen's Association to use purse funds for the support of additional medical and mental health services for backstretch employees. It also extends the provisions of Chapter 473 of the Laws of 20 I 0, allowing the NYS Thoroughbred Breeding and Development Fund to continue to receive its funds on a quarterly basis for an additional year. The bill would also allow the Fund to maintain for an additional year, the changes that were made to its authorized disbursements for awards to breeders, promotion, and administration of the Fund.

SUMMARY OF PROVISIONS: Section 1 would amend section 2 of chapter 473 of the laws of 2010 which amend the racing, pari-mutuel wagering and breeding law to allow the New York State Thoroughbred Breeding and Development Fund to continue to receive its funds on a quarterly basis for an additional year. The bill would also allow the Fund to maintain, for an additional year, the changes that were made to its authorized disbursements of awards to breeders, promotion, and administration of the Fund.

Section 2 would amend the opening paragraph of section 228 of the Racing, Pari-Mutuel Wagering and Breeding Law.to extend, for one year, the authorization for the horsemen's organization to receive an additional 1.0% of purse monies collected from race meetings at Aqueduct, Saratoga, and Belmont racetracks until August 31, 2012.

Section 3 provides that the act would take effect immediately.

EXISTING LAW: The current authorization for the horsemen to receive an additional 1.0% of purse monies is due to expire on August 31, 2011. The current authorization for the Thoroughbred Breeding and Development Fund is due to expire upon commencement of the operation of a video lottery facility at Aqueduct Racetrack.

JUSTIFICATION: For over half a century, the New York Thoroughbred Horsemen's Association (NYTHA) has represented the interests of horse owners and trainers at New York Racing Association (NYRA) tracks. NYTHA was founded with the objective of serving as a collective voice for the broad interests of Thoroughbred owners and trainers and to

improve and increase the effectiveness, Of its constituents in the day-to-day activities of racing. Today, NYTHA serves as the New York State Racing and Wagering Board's (NYSRWE) recognized representative of owners and, trainers and has taken a primary role in the New York horseracing industry. NYTHA strives to protect the economic interest of all horsemen and to gain public recognition of horse racing as a vital form of entertainment, deserving support, protection and preservation. In the past, additional purse monies received by NYTHA have been used to provide funding support for the Equine Drug Testing program. This bill would also allow the organization to continue providing much needed health and dental benefits for backstretch employees. Likewise, The New York State Thoroughbred Breeding and Development Fund, established in 1973, has helped shape the New York State thoroughbred industry , making it the benchmark of thoroughbred programs around the world. For over two decades, the Fund has worked to make thoroughbred breeding and racing a vital force in New York State's economy, utilizing its rich racing tradition, vast agricultural resources, and thriving tourism industry. The Fund is a public benefit corporation that oversees the registration process for foals and stallions, and distributes incentives awards to breeders, owners, and stallion owners. The incentives provided by the Fund are financed from within the racing industry, using a small percentage of the total monies wagered through the pari-mutuel system, on thoroughbred racing in New York State.

Thoroughbred Breeders use this funding to invest back into breeding, thereby keeping that money in the local economy and creating more jobs, and strengthening the horse racing industry in New York.

PRIOR LEGISLATIVE HISTORY: Similar bills supporting this program have been passed in recent years.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: Immediate.


Text

STATE OF NEW YORK ________________________________________________________________________ 3949--B Cal. No. 326 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to certain payments to the horsemen's organization; and to amend chapter 473 of the laws of 2010 amending the racing, pari-mutuel wagering and breeding law relating to the New York state thoroughbred breeding and development fund, in relation to the effectiveness there- of THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 473 of the laws of 2010 amending the racing, pari-mutuel wagering and breeding law relating to the New York state thoroughbred breeding and development fund, is amended to read as follows: S 2. This act shall take effect immediately, provided, however that this act shall expire and be deemed repealed [upon] ONE YEAR AFTER the commencement of the operation of a video lottery facility at Aqueduct racetrack; provided that the chair of the New York state thoroughbred breeding and development fund shall notify the legislative bill drafting commission upon the occurrence of the commencement of the operation of a video lottery facility at Aqueduct racetrack in order that the commis- sion may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law; provided further, that effec- tive immediately the addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its effec- tive date are authorized and directed to be made and completed on or before such date. S 2. The opening paragraph of subdivision 2 of section 228 of the racing, pari-mutuel wagering and breeding law, as amended by chapter 259 of the laws of 2010, is amended to read as follows: The state racing and wagering board shall, as a condition of racing, require any franchised corporation and every other corporation subject to its jurisdiction to withhold one percent of all purses, except that for the franchised corporation, starting on September first, two thou- sand seven and continuing through August thirty-first, two thousand [eleven] TWELVE, two percent of all purses shall be withheld, and, in the case of the franchised corporation, to pay such sum to the horsemen's organization or its successor that was first entitled to receive payments pursuant to this section in accordance with rules of the board adopted effective November third, nineteen hundred eighty- three representing at least fifty-one percent of the owners and trainers utilizing the facilities of such franchised corporation, on the condi- tion that such horsemen's organization shall expend as much as is neces- sary, but not to exceed one-half of one percent of such total sum, to acquire and maintain the equipment required to establish a program at a state college within this state with an approved equine science program to test for the presence of steroids in horses, provided further that the qualified organization shall also, in an amount to be determined by its board of directors, annually include in its expenditures for benevo- lence programs, funds to support an organization providing services necessary to backstretch employees, and, in the case of every other corporation, to pay such one percent sum of purses to the horsemen's organization or its successor that was first entitled to receive payments pursuant to this section in accordance with rules of the board adopted effective May twenty-third, nineteen hundred eighty-six repres- enting at least fifty-one percent of the owners and trainers utilizing the facilities of such corporation. S 3. This act shall take effect immediately.

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