S T A T E O F N E W Y O R K
________________________________________________________________________
2743
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. MARKEY -- Multi-Sponsored by -- M. of A.
V. LOPEZ, MAYERSOHN, SEMINERIO -- read once and referred to the
Committee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to providing for the New York state pari-mutuel credit for
the promotion of equine sports and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 241 of the racing, pari-mutuel wagering and breed-
ing law, as amended by chapter 18 of the laws of 2008, is amended to
read as follows:
S 241. Disposition of unpaid money due on account of pari-mutuel tick-
ets not presented. 1. The sum held by any corporation authorized to
conduct pari-mutuel betting for payment of outstanding winning pari-mu-
tuel tickets and for refunding the price of pari-mutuel tickets shall be
retained by such corporation for such purposes until April first of the
succeeding year; provided, however, that ninety-five per centum of such
sum remaining unclaimed as of the last day of February of such year
shall be paid to the department of taxation and finance by March
fifteenth. On April tenth, the balance of such sum remaining unclaimed
and any other unclaimed amount received in the course of conducting
pari-mutuel betting shall be paid to the department of taxation and
finance. A penalty of five per centum and interest at the rate of one
per centum per month from the due date to the date of payment of the
unclaimed balance due March fifteenth or April tenth, as the case may
be, shall be payable in case such balance is not paid when due. Such
amounts, interest and penalties when collected shall be paid by the
department of taxation and finance into the general fund of the state
treasury.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03039-01-9
A. 2743 2
2. COMMENCING JULY FIFTEENTH, TWO THOUSAND NINE THERE IS HEREBY
AUTHORIZED PURSUANT TO THIS SECTION AN EXPERIMENTAL PROGRAM KNOWN AS THE
"NEW YORK STATE PARI-MUTUEL CREDIT FOR THE PROMOTION OF EQUINE SPORTS".
NEW YORK CITY OFF-TRACK BETTING CORPORATION AND FINGER LAKES RACING
ASSOCIATION, INC. SHALL RECEIVE A CREDIT OF ONE HUNDRED FIFTY THOUSAND
DOLLARS EACH TOWARD ACTUAL EXPENDITURES FROM THE AMOUNTS OWED IN SUBDI-
VISION ONE OF THIS SECTION PROVIDED THAT ALL OF THE FOLLOWING CRITERIA
ARE MET:
(A) A WRITTEN AGREEMENT IS ENTERED INTO BETWEEN THE PARTIES ITEMIZING
THE PROPOSED EXPENDITURES FOR THE PROMOTION OF RACING AT FINGER LAKES
RACETRACK AND TOURISM IN THE FINGER LAKES REGION OF NEW YORK STATE;
(B) THE WRITTEN AGREEMENT IS APPROVED BY THE CHAIRMAN OF THE STATE
RACING AND WAGERING BOARD; AND
(C) THE PROMOTIONAL ACTIVITIES ARE LIMITED TO PRINT AND MULTI-MEDIA
ADVERTISING; PROMOTIONAL GIVEAWAYS OF ITEMS WITH A FAIR MARKET VALUE OF
LESS THAN THIRTY DOLLARS; PURSE ENHANCEMENTS OF SPECIAL RACES FEATURING
NEW YORK BRED HORSES AT THE FINGER LAKES RACETRACK; HANDICAPPING TOURNA-
MENT PRIZES JOINTLY ADMINISTERED BY NEW YORK CITY OFF-TRACK BETTING
CORPORATION AND FINGER LAKES RACING ASSOCIATION, INC.; PRIZES WITH A
FAIR MARKET VALUE OF LESS THAN ONE THOUSAND DOLLARS FOR VACATIONS IN THE
FINGER LAKES REGION OF NEW YORK STATE; ANY OTHER PROMOTIONAL ACTIVITIES
SPECIFICALLY APPROVED IN WRITING BY THE CHAIRMAN OF THE STATE RACING AND
WAGERING BOARD.
3. ON OR BEFORE APRIL TENTH, TWO THOUSAND TEN THE CHAIRMAN OF THE
STATE RACING AND WAGERING BOARD SHALL CERTIFY TO THE DEPARTMENT OF TAXA-
TION AND FINANCE THE ACTUAL CREDITS ENTITLED TO BE CLAIMED BY NEW YORK
CITY OFF-TRACK BETTING CORPORATION AND FINGER LAKES RACING ASSOCIATION,
INC. TOWARD THE SUMS OWED IN SUBDIVISION ONE OF THIS SECTION.
S 2. This act shall take effect July 15, 2009 and shall expire and be
deemed repealed April 10, 2010.