Relates to the powers and duties of the racing and wagering board to impose certain fines

Title of bill

An act to amend the racing, pari-mutuel wagering and breeding law, in relation to the imposition of fines

Purpose

This bill increases from $5,000 to $25,000 the maximum amount of fine that can be imposed for violation of the Racing, Pari-Mutuel Wagering and Breeding (Racing) Law.

Summary of provisions

Section 1 of the bill amends Racing Law . 250 (thoroughbred), which authorizes imposition of monetary fines upon any corporation, association or person participating in racing (other than as a patron) at which pari-mutuel wagering is conducted, by increasing the maximum authorization for fines from $5,000 to $25,000.

Section 2 of the bill amends Racing Law § 310 (harness), which deals with fines.

Section 3 of the bill amends Racing Law § 410 (quarterhorse), which deals with fines.

Section 4 of the bill amends Racing Law § 1005 (simulcasting), which deals with fines.

Section 5 of the bill contains the effective date.

Existing law

Racing Law §§ 250, 310, 410 and 1005 each contain a limitation of $5,000 per violation.

Legislative history

This is a new bill.

Statement in support

The thoroughbred, harness, quarterhorse and simulcast articles of the Racing Law contain authorization for the imposition of fines up to $5,000 upon entities and individuals participating in pari-mutuel racing. The power to fine is the most practical enforcement method in racing and exists in all racing jurisdictions. Apart from simulcasting, the $5,000 limitation has apparently been in place for more than fifty years. It is no longer a practicable maximum amount.

Periodically, the $5,000 maximum fine has been inadequate to address the severity of a violation--especially in relation to an entity that conducts horse racing or wagering. For such entities, the termination of operations or a portion thereof during a period of suspension of a license or plan of operation, with the resulting loss of revenues to all segments of the racing industry, as well as state and local governments, is a drastic action that could be taken in only the most serious instances. In order to enable the Board to properly discharge its oversight, supervisory and regulatory functions, the maximum authorization for fines should be increased to $25,000.

Budget implications

The fines provided for by this bill might raise a limited amount of revenue for the State.

Effective date

This bill shall take effect immediately.