N.Y. Comp. Codes R. & Regs. tit. 9 § 4.155

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.155 - Executive order no. 155: establishing the new york state advisory commission on racing in the 21st century

WHEREAS, the horse racing and breeding industry is important to New York State, agriculturally, economically and recreationally;

WHEREAS, the pari-mutuel horse racing industry in New York is in decline as evidenced by decreases in wagering activity, attendance at the tracks and revenues generated for the State and local governments; and

WHEREAS, changes to the laws and rules governing horse racing in New York State, including changes to the current structure and operation of the New York Racing Association (NYRA) and off-track-betting corporations, could stimulate the industry, thereby increasing revenues for the support of government;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the New York State Advisory Commission on Racing in the 21st Century.

I. Membership

The Commission shall be comprised of nine persons, three appointed by the Governor, one of whom shall be designated by the Governor as Chair, three appointed by the Speaker of the Assembly and three appointed by the Temporary President of the Senate. The members of the Commission shall receive no compensation or reimbursement for their services.

II. Responsibilities of the Commission

a. The Commission shall be responsible for examining:

(a)(1) The State's thoroughbred and harness racing industries to determine what factors have contributed to the decline in attendance and handle at the State's tracks and what changes, including possible changes to the current corporate structure of NYRA, would be beneficial for racing and the State;

(a)(2) The State's off-track-betting system to determine if changes such as centralization or privatization would improve service delivery and enhance revenues;

(a)(3) The current simulcasting laws and pari-mutuel distribution formulae to determine whether changes would foster better cooperation among the various elements in the racing and breeding industry and improve the sport by increasing total handle; and

(a)(4) Any other changes that would be beneficial for racing and the State.

b. The Commission shall make recommendations to reestablish New York's reputation as the nation's premier racing state, maintain the industry as an important economic development resource and source of revenue for the State, and chart a course for racing in the 21st century.

III. Commission Reporting

The report of the Commission shall be issued to the Governor and the Legislature by June 1, 1993. The Commission may issue any interim reports to the Governor and Legislature prior to June 1, 1993 as it deems appropriate.

IV. Assistance and Cooperation

The Executive Chamber, Division of the Budget, Racing and Wagering Board, Senate and Assembly shall provide technical staff and support to the Commission. All other departments, divisions and units of State government are directed to cooperate with the Commission and to provide such assistance as it may require to fulfill its obligations. Such assistance may include the assignment of staff and the provision of statistical and program data as the Commission may require.

Signed: Mario M. CuomoDated: May 15, 1992

WHEREAS, the Commission established by Executive Order Number 155 dated May 15, 1992 to examine the State's racing industry has requested additional time beyond June 1, 1993 to complete its investigation; and

WHEREAS, the Commission has provided good cause as to why completion of its investigation was not possible by June 1, 1993; and

WHEREAS, it is important that the Commission have the opportunity to examine, in particular, the State's harness racing industry and the purse structure for thoroughbred and harness racing; and

WHEREAS, it is in the best interest of the State that the findings and recommendations of the Commission be thorough and complete;

NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by the virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 155 dated May 15, 1992, except that subdivision III of such Executive Order is amended to read as follows:

The report of the Commission shall be issued to the Governor and the Legislature by December 31, 1993. The Commission may issue any interim reports to the Governor and Legislature prior to December 31, 1993 as it deems appropriate.

Signed: Mario M. CuomoDated: August 11, 1993[FN*]

WHEREAS, the Commission established Executive Order Number 155 dated May 15, 1992 to examine the State's racing industry was granted additional time to complete its investigation by Executive Order Number 155.1 dated August 11, 1993;

WHEREAS, the Commission has provided good cause as to why completion of its investigation was not possible by December 31, 1993;

WHEREAS, it is important that the Commission have the opportunity to examine, in particular, the State's harness racing industry and the purse structure for thoroughbred and harness racing; and

WHEREAS, it is in the best interest of the State that the findings and recommendations of the Commission be thorough and complete;

NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 155 dated May 15, 1992, except that subdivision III of such Executive Order is amended to read as follows:

The final report of the Commission, including any proposed legislation, shall be issued to the Governor and the Legislature by June 1, 1994. The Commission may issue any interim reports to the Governor and Legislature prior to June 1, 1994 as it deems appropriate.

Signed: Mario M. CuomoDated: December 31, 1993

WHEREAS, the New York State Advisory Commission on Racing in the 21st Century has been studying the State's racing industry since the Commission was established by Executive Order Number 155 dated May 15, 1992;

WHEREAS, many of the recommendations of the Commission were adopted and implemented during the 1994 Legislative Session;

WHEREAS, there is further need for the Commission to determine what additional measures are necessary to ensure that the State continues to provide the best world class racing, with the greatest enjoyment and satisfaction to the people who bet on the horses, adequate remuneration to the people who own the horses, the fairest profits to the people of the State, and the least amount of government involvement; and

WHEREAS, it is in the best interest of the State that the Commission continue its investigation and lead the State's efforts in aggressively implementing recommended racing reforms, including making additional recommendations for the 1995 Legislative Session;

NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 155 dated May 15, 1992, except that subdivisions I, II and III of such Executive Order are amended to read as follows:

I. Membership

II. Responsibilities of the Commission

A. The Commission shall be responsible for examining:

(4) The Model Business Plan, prepared by an independent private entity, for the merger of the on and off track operators of horse racing;

(5) The audit report of the New York Racing Association by the New York State Thoroughbred Racing Capital Investment Fund, as required by Chapter 281 of the Laws of 1994;

(6) Whether discontinuing racing at Aqueduct Racetrack is in the best interest of racing, and if so, alternative uses of the property; and

(7)\ Any other changes that would be beneficial for racing and the State.

III. Commission Reporting

The Commission shall issue a report, which shall include any proposed legislation, to the Governor and the Legislature by May 1, 1995. The Commission may issue any interim reports to the Governor and Legislature prior to May 1, 1995 as it deems appropriate.

Signed: Mario M. CuomoDated: September 20, 1994

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.155