A. 9997 2
the economic well-being of New York's racetracks, their horsemen and
employees and the growth of horse breeding in the state.
The legislature further finds that since its inception, the statutory
framework under which the regional off-track betting system must func-
tion and operate has met obstacles to change in a changing technological
environment. The static statutory framework has caused economic distress
among the regional off-track betting corporations which may lead to
reduced revenues to state and local governments, local employment and a
negative impact on racing and breeding in New York. As a result, an
in-depth analysis and regular periodic reviews of this system should be
conducted to determine how to enhance and improve the system of off-
track betting in New York state in the future.
S 2. Sections 501, 502, 503, 505, 507 and 516 of the racing, pari-mu-
tuel wagering and breeding law are REPEALED and six new sections 501,
502, 503, 505, 507 and 516 are added to read as follows:
S 501. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
MEAN AND INCLUDE:
1. "STATE BOARD." THE STATE RACING AND WAGERING BOARD.
2. "BOARD OF DIRECTORS." THE BOARD OF DIRECTORS OF A CORPORATION AS
SUCH BOARD IS CONSTITUTED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS
ARTICLE.
3. "CORPORATION." EACH REGIONAL OFF-TRACK BETTING CORPORATION, AS
CREATED BY SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
4. "PARTICIPATING COUNTY." ANY OF THE COUNTIES IN A REGION WHICH HAVE
ELECTED TO JOIN A CORPORATION IN THE MANNER PROVIDED FOR IN SECTION FIVE
HUNDRED TWO OF THIS ARTICLE.
5. "BONDS AND NOTES." BONDS AND NOTES, RESPECTIVELY, AUTHORIZED AND
ISSUED BY THE CORPORATION PURSUANT TO THIS ARTICLE.
6. "COST OF CORPORATION'S FUNCTIONS." ALL PRE-DISTRIBUTION COSTS AND
EXPENSES INCURRED BY THE CORPORATION IN CONNECTION WITH THE PERFORMANCE
OF THE FUNCTIONS OF THE CORPORATION AS DESCRIBED BY THIS ARTICLE,
INCLUDING, BUT NOT LIMITED TO, ALL OPERATING EXPENSES OF THE CORPORATION
SUCH AS SALARIES AND WAGES, INSURANCE, RENT AND REAL ESTATE TAXES,
PAYMENTS IN LIEU OF TAXES AND/OR TO COMPENSATE MUNICIPALITIES FOR LOSS
OF ADMISSION TAXES PURSUANT TO SUBDIVISION TWO OF SECTION FIVE HUNDRED
THIRTY-ONE OF THIS CHAPTER, CONTRIBUTIONS TO ANY POST-RETIREMENT EMPLOY-
EE FUND AND/OR PENSION AND OTHER POST-EMPLOYMENT EXPENSES, THE COSTS OF
ACQUISITION, CONSTRUCTION OR EQUIPMENT OF BRANCH OFFICES AND OTHER
FACILITIES AND PREMISES OF THE CORPORATION, A REASONABLE CAPITAL RESERVE
FUND OF NO MORE THAN THREE PERCENT OF NET PRE-DISTRIBUTION REVENUE,
INTEREST AND PRINCIPAL ON BONDS, NOTES OR OTHER OBLIGATIONS OF THE
CORPORATION, WHETHER ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION OR
EQUIPMENT OF SUCH OFFICES, FACILITIES, PREMISES, OR OTHERWISE, AND THE
STATE TAX LEVIED PURSUANT TO SUBDIVISION ONE OF SECTION FIVE HUNDRED
TWENTY-SEVEN OF THIS CHAPTER.
7. "REGION." THE SEVERAL REGIONS DEFINED BY SUBDIVISION ONE OF SECTION
FIVE HUNDRED NINETEEN OF THIS CHAPTER.
8. "TRACK." THE GROUNDS OR ENCLOSURE WITHIN WHICH HORSE RACES ARE
CONDUCTED BY ANY PERSON, ASSOCIATION OR CORPORATION LAWFULLY AUTHORIZED
TO CONDUCT SUCH RACES.
9. "GOVERNING BODY." THE APPROPRIATE STATE OR COUNTY LEGISLATIVE BODY.
10. "BRANCH OFFICE." AN ESTABLISHMENT MAINTAINED AND OPERATED BY THE
CORPORATION, WHERE OFF-TRACK, PARI-MUTUEL BETTING ON HORSE RACES MAY BE
PLACED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ARTICLE AND
THE RULES AND REGULATIONS ISSUED PURSUANT THERETO.
A. 9997 3
11. "ENABLING LEGISLATION." AN ACT OF THE STATE LEGISLATURE AND/OR A
LOCAL LAW, ORDINANCE OR RESOLUTION SUBJECT TO A PERMISSIVE REFERENDUM
PURSUANT TO THE MUNICIPAL HOME RULE LAW.
S 502. ESTABLISHMENT OF REGIONAL OFF-TRACK BETTING CORPORATIONS. 1. A
REGIONAL OFF-TRACK BETTING CORPORATION IS HEREBY ESTABLISHED FOR EACH
REGION, EXCEPT THE NEW YORK CITY AND NASSAU COUNTY REGIONS FOR WHICH A
COMBINED NEW YORK CITY-NASSAU COUNTY OFF-TRACK BETTING CORPORATION
(HEREINAFTER, THE "METROPOLITAN OTB") ESTABLISHED PURSUANT TO AND
SUBJECT TO ARTICLE SIX OF THIS CHAPTER SHALL CONSTITUTE THE REGIONAL
CORPORATION AND SUCH ARTICLE SIX SHALL GOVERN SUCH COMBINED NEW YORK
CITY-NASSAU COUNTY OFF-TRACK BETTING CORPORATION. EACH REGIONAL CORPO-
RATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENE-
FIT CORPORATION. EACH CORPORATION SHALL BE ADMINISTERED BY A BOARD OF
DIRECTORS CONSISTING OF TWO MEMBERS FROM EACH PARTICIPATING COUNTY
CONTAINING A CITY OF OVER ONE HUNDRED FIFTY THOUSAND IN POPULATION,
ACCORDING TO THE LAST FEDERAL CENSUS, AND ONE MEMBER FROM EACH OTHER
PARTICIPATING COUNTY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE MEMBERS SHALL BE APPOINTED BY THE COUNTY GOVERNING BODY,
AND MAY, AT THE DISCRETION OF SUCH GOVERNING BODY OF COUNTIES WHICH HAVE
A POPULATION OF LESS THAN TWO HUNDRED THOUSAND, INCLUDE SITTING MEMBERS
OF SUCH GOVERNING BODY. A MEMBER OF A GOVERNING BODY WHO IS APPOINTED A
DIRECTOR AFTER JULY FIRST, NINETEEN HUNDRED NINETY SHALL NOT BE COMPEN-
SATED BY THE REGIONAL CORPORATION; PROVIDED, HOWEVER, THAT THE MAYOR OF
A CITY OF OVER ONE HUNDRED FIFTY THOUSAND THAT HAS ELECTED TO PARTIC-
IPATE IN THE MANAGEMENT OF A CORPORATION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL, WITH THE APPROVAL OF THE CITY'S LEGISLATIVE BODY,
APPOINT ONE OF THE MEMBERS TO WHICH THE COUNTY CONTAINING SUCH CITY IS
ENTITLED. IN THE CASE OF THE CORPORATION ESTABLISHED FOR THE SUFFOLK
REGION, THE BOARD OF DIRECTORS OF EACH CORPORATION SHALL CONSIST OF
THREE MEMBERS APPOINTED BY THE GOVERNING BODY OF EACH COUNTY, NOT MORE
THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME POLITICAL PARTY. IN THE
CASE OF THE METROPOLITAN OTB, THE BOARD OF DIRECTORS SHALL CONSIST OF
FIVE MEMBERS NOT MORE THAN THREE OF WHOM SHALL BE MEMBERS OF THE SAME
PARTY, TWO APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE TEMPO-
RARY PRESIDENT OF THE SENATE, TWO APPOINTED BY THE GOVERNOR ON THE
RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND ONE APPOINTED BY THE
GOVERNOR, WHO SHALL BE THE CHAIRMAN AND SERVE AT THE PLEASURE OF THE
GOVERNOR, WHO MAY CHANGE HIS DESIGNATION OF ANY SUCH DIRECTOR TO BE
CHAIRMAN. EACH DIRECTOR OF THE REGIONAL CORPORATIONS SHALL SERVE AT THE
PLEASURE OF THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MAYOR, OR GOVERNING BODY UPON WHOSE RECOMMENDATION OR
DESIGNATION HE WAS APPOINTED, AS THE CASE MAY BE.
2. A CITY WITH A POPULATION OF OVER ONE HUNDRED FIFTY THOUSAND,
ACCORDING TO THE LAST FEDERAL CENSUS, MAY ELECT TO PARTICIPATE IN THE
MANAGEMENT AND REVENUES OF A REGIONAL CORPORATION IF THE COUNTY IN WHICH
SUCH CITY IS LOCATED HAS ELECTED TO BECOME A PARTICIPATING COUNTY. SUCH
ELECTION SHALL BE BY ENABLING LEGISLATION. UPON SUCH ELECTION, SUCH CITY
SHALL PARTICIPATE IN THE AMOUNT OF ANY LOANS OR CONTRIBUTIONS MADE OR TO
BE MADE BY THE PARTICIPATING COUNTY CONTAINING THE CITY TO THE CORPO-
RATION, PURSUANT TO SECTION FIVE HUNDRED SIX OF THIS ARTICLE, IN THE
PROPORTION THAT SUCH CITY WILL PARTICIPATE IN NET REVENUES PAYABLE TO
SUCH COUNTY OR SUCH OTHER EQUITABLE ARRANGEMENT AS SHALL BE APPROVED BY
THE BOARD.
3. UPON THE PASSAGE OF ENABLING LEGISLATION BY THE GOVERNING BODY OF
NOT LESS THAN THREE COUNTIES WITHIN A REGION REPRESENTING NOT LESS THAN
THIRTY PERCENT OF THE POPULATION OF SUCH REGION, AS DETERMINED BY THE
A. 9997 4
LAST FEDERAL CENSUS, OR IN THE CASE OF THE SUFFOLK REGION, UPON THE
PASSAGE OF ENABLING LEGISLATION BY THE GOVERNING BODY OF SUFFOLK COUNTY,
OR IN THE CASE OF THE METROPOLITAN REGION, UPON THE PASSAGE OF ENABLING
LEGISLATION BY THE LEGISLATURE OF THE STATE OF NEW YORK, OR IN THE CASE
OF THE MID-HUDSON REGION UPON THE PASSAGE OF ENABLING LEGISLATION BY THE
GOVERNING BODY OF THE COUNTY OF WESTCHESTER AND OF THE GOVERNING BODY OF
ONE OTHER COUNTY IN SUCH REGION, AND FOLLOWING THE APPOINTMENT OF
MEMBERS OF THE BOARD OF DIRECTORS, SUCH CORPORATION SHALL FILE WITH THE
SECRETARY OF STATE AND WITH THE STATE RACING AND WAGERING BOARD A
CERTIFICATE SETTING FORTH:
A. THE DATE OF PASSAGE OF THE ENABLING LEGISLATION;
B. THE NAME OF THE AGENCY, WHICH SHALL BE THE NAME OF THE REGION
FOLLOWED BY THE WORDS "REGIONAL OFF-TRACK BETTING CORPORATION"; AND
C. THE NAMES OF THE MEMBERS OF THE BOARD OF DIRECTORS AND THE CHAIR-
MAN.
4. EACH OF THE COUNTIES OF THE REGION THAT HAVE NOT BECOME PARTICIPAT-
ING COUNTIES AT THE TIME OF FILING OF THE CERTIFICATE REQUIRED BY SUBDI-
VISION THREE OF THIS SECTION MAY DO SO BY ENACTING ENABLING LEGISLATION,
A DULY CERTIFIED COPY OF WHICH MUST BE FILED WITH THE BOARD OF DIREC-
TORS, THE STATE BOARD, THE SECRETARY OF STATE AND THE COUNTY CLERK OF
EACH PARTICIPATING COUNTY. IN THE EVENT THAT A COUNTY ELECTS TO PARTIC-
IPATE AFTER JUNE FIRST, NINETEEN HUNDRED NINETY, THE EFFECTIVE DATE OF
APPROVAL BY THE STATE BOARD SHALL NOT BE EARLIER THAN THE DATE THAT
BRANCH OFFICES ARE ESTABLISHED AND OPERATING. IF, AT THE TIME OF SUCH
ELECTION, THE STATE BOARD HAS APPROVED A PLAN OF OPERATION FOR THE
CORPORATION, A COUNTY MAY NOT BECOME A PARTICIPATING COUNTY WITHOUT
APPROVAL BY THE STATE BOARD OF A MODIFIED FEASIBILITY STUDY AND AMENDED
PLAN OF OPERATION WHICH SHALL BE SUBMITTED BY THE CORPORATION TO THE
STATE BOARD PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THIS CHAPTER.
IF THE PARTICIPATING COUNTIES IN THE REGION HAVE CONTRIBUTED OR LOANED
FUNDS OR OTHER CONSIDERATION TO THE CORPORATION, THE BOARD OF DIRECTORS
MAY REQUIRE THAT ANY COUNTY SUBSEQUENTLY ELECTING TO BECOME A PARTIC-
IPATING COUNTY MAKE SUCH CONTRIBUTIONS IN THE SAME PROPORTION, IF ANY,
AS MAY HAVE GOVERNED SUCH CONTRIBUTIONS OR LOANS BY PARTICIPATING COUN-
TIES. ANY DISPUTE AS TO THE VALUE OF CONSIDERATION OR AS TO A CONTRIB-
UTION REQUIRED BY THE BOARD OF DIRECTORS SHALL BE RESOLVED BY THE STATE
BOARD.
5. A. IF THE CERTIFICATE REQUIRED BY SUBDIVISION THREE OF THIS SECTION
IS NOT FILED BY DECEMBER THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-FIVE,
THE CORPORATE EXISTENCE OF A CORPORATION SHALL TERMINATE, BUT OTHERWISE,
EACH CORPORATION AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL TERMI-
NATED BY LAW; PROVIDED, HOWEVER, EXCEPT IN THE CASE OF THE METROPOLITAN
OTB, THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS THE CORPORATION SHALL
HAVE BONDS, NOTES OR OTHER OBLIGATIONS OUTSTANDING AND, IN THE INSTANCE
OF THE METROPOLITAN OTB, ANY OR ALL OF SUCH BONDS, NOTES OR OTHER OBLI-
GATIONS OF THE NEW YORK CITY REGIONAL OFF-TRACK BETTING CORPORATION
AND/OR THE NASSAU COUNTY REGIONAL OFF-TRACK BETTING CORPORATION AS SHALL
BE OUTSTANDING ON THE EFFECTIVE DATE OF THIS SECTION SHALL BECOME FULL
FAITH OBLIGATIONS OF SAID METROPOLITAN REGIONAL OFF-TRACK BETTING CORPO-
RATION AND SHALL BE CONSOLIDATED, ABSORBED, MODIFIED, RE-CAPITALIZED,
RE-ISSUED, REFUNDED AND/OR LIQUIDATED AS THE BOARD OF DIRECTORS OF SAID
REGIONAL CORPORATION SHALL DETERMINE TO BE APPROPRIATE HEREUNDER OR IN
ACCORDANCE WITH SECTIONS FIVE HUNDRED EIGHT, FIVE HUNDRED ELEVEN AND/OR
SIX HUNDRED ELEVEN OF THIS CHAPTER. EXCEPT IN THE INSTANCE OF THE METRO-
POLITAN OTB, UPON TERMINATION OF THE EXISTENCE OF THE CORPORATION, ALL
OF ITS RIGHTS, PROPERTY, ASSETS AND FUNDS SHALL THEREUPON VEST IN AND BE
A. 9997 5
POSSESSED BY THE PARTICIPATING COUNTIES IN THE SAME PROPORTION SUCH
PROPERTY, ASSETS AND FUNDS MAY HAVE BEEN CONTRIBUTED BY EACH COUNTY OR
ACCORDING TO THE MANNER IN WHICH THE REVENUES OF THE CORPORATION ARE
DISTRIBUTED PURSUANT TO SECTION FIVE HUNDRED SIXTEEN OF THIS ARTICLE, OR
ANY COMBINATION OF BOTH SUCH METHODS, AS THE STATE BOARD SHALL DETER-
MINE.
B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
THOSE COUNTIES COMPRISING THE CENTRAL REGION PRIOR TO JANUARY FIRST,
NINETEEN HUNDRED SEVENTY-FOUR, EVEN THOUGH SUCH COUNTIES ARE INCLUDED IN
OFF-TRACK BETTING REGIONS OTHER THAN THE CENTRAL REGION, SHALL HAVE
UNTIL DECEMBER THIRTY-FIRST, NINETEEN HUNDRED EIGHTY-TWO TO FILE THE
CERTIFICATE REQUIRED BY SUBDIVISION THREE OF THIS SECTION.
6. EACH DIRECTOR SHALL CONTINUE TO SERVE UNTIL THE APPOINTMENT AND
QUALIFICATION OF HIS SUCCESSOR.
7. THE DIRECTORS SHALL BE REMOVABLE FOR CAUSE BY THE STATE BOARD, UPON
CHARGES AND AFTER A HEARING.
8. THE POWERS OF THE CORPORATION SHALL BE VESTED IN AND EXERCISED BY
THE BOARD OF DIRECTORS AT A MEETING DULY HELD AT A TIME FIXED BY ANY
BY-LAW ADOPTED BY THE BOARD, OR AT ANY DULY ADJOURNED MEETING OF SUCH
MEETING OR AT ANY MEETING HELD UPON REASONABLE NOTICE TO ALL OF THE
DIRECTORS, OR UPON WRITTEN WAIVER THEREOF, AND A MAJORITY OF THE WHOLE
NUMBER OF DIRECTORS SHALL CONSTITUTE A QUORUM; PROVIDED THAT NEITHER THE
BUSINESS NOR THE POWERS OF THE CORPORATION SHALL BE TRANSACTED OR EXER-
CISED EXCEPT PURSUANT TO THE FAVORABLE VOTE OF AT LEAST A MAJORITY OF
THE DIRECTORS PRESENT AT A MEETING AT WHICH A QUORUM IS IN ATTENDANCE.
9. THE BOARD OF DIRECTORS MAY DELEGATE TO ONE OR MORE OF THE DIREC-
TORS, OFFICERS, AGENTS OR EMPLOYEES OF THE CORPORATION SUCH POWERS AND
DUTIES AS IT MAY DEEM PROPER.
10. A. THE DIRECTORS MAY RECEIVE A SUM OF TWO HUNDRED FIFTY DOLLARS
FOR EACH DAY OR PART THEREOF SPENT IN ATTENDANCE AT MEETINGS HELD IN
ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION, BUT NOT TO EXCEED
TWENTY-FIVE HUNDRED DOLLARS DURING ANY ONE YEAR.
B. THE DIRECTORS MAY RECEIVE A SUM OF ONE HUNDRED DOLLARS FOR EACH DAY
OR PART THEREOF AT MEETINGS OTHER THAN THOSE DEFINED IN SUBDIVISION
EIGHT OF THIS SECTION OR OTHERWISE IN THE WORK OF THE CORPORATION;
PROVIDED THAT SUCH ACTIVITIES ARE APPROVED BY THE BOARD AS A WHOLE. SUCH
ADDITIONAL EXPENSES SHALL NOT EXCEED FIFTEEN HUNDRED DOLLARS IN ANY
CALENDAR YEAR.
C. THE CHAIRMAN OF THE BOARD ELECTED IN ACCORDANCE WITH SUBDIVISION
ONE OF THIS SECTION SHALL RECEIVE ADDITIONAL COMPENSATION OF ONE THOU-
SAND DOLLARS PER YEAR TO COVER THOSE EXPENSES AND ACTIVITIES ASSOCIATED
WITH SUCH OFFICE.
D. IN ADDITION, THE DIRECTORS SHALL BE REIMBURSED FOR THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
E. ANY EXPENSES INCURRED BY A DIRECTOR IN EXCESS OF THOSE AUTHORIZED
BY PARAGRAPH D OF THIS SUBDIVISION SHALL BE THE RESPONSIBILITY OF THE
APPOINTING POLITICAL SUBDIVISION, PAYABLE ON VOUCHERS CERTIFIED OR
APPROVED BY THE CHIEF FISCAL OFFICER OF SUCH POLITICAL SUBDIVISION AS IS
PROVIDED BY LAW.
11. THE DIRECTORS MAY ENGAGE IN OUTSIDE EMPLOYMENT OR IN A PROFESSION
OR BUSINESS UNLESS OTHERWISE PROHIBITED FROM DOING SO BY VIRTUE OF HOLD-
ING ANOTHER PUBLIC OFFICE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTEEN
OF THE GENERAL MUNICIPAL LAW. FOR THE PURPOSES OF SUCH ARTICLE EIGHTEEN,
THE CORPORATION SHALL BE A "MUNICIPALITY" AND A DIRECTOR SHALL BE A
"MUNICIPAL OFFICER".
12. THE BOARD OF DIRECTORS SHALL HOLD AN ANNUAL MEETING.
A. 9997 6
13. THE FISCAL YEAR OF THE CORPORATION SHALL BE THE CALENDAR YEAR.
14. A GENERAL MANAGER, WHO SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE
CORPORATION, SHALL BE IN CHARGE OF THE ADMINISTRATION OF ITS AFFAIRS. HE
OR SHE SHALL PERFORM HIS OR HER DUTIES AS CHIEF EXECUTIVE OFFICER,
TOGETHER WITH ANY OTHER DUTIES ASSIGNED TO HIM OR HER BY THE CORPO-
RATION, UNDER ITS DIRECT SUPERVISION AND CONTROL AND SHALL GIVE FULL
TIME TO SUCH DUTIES.
15. ANY PERSON PROHIBITED BY ANY LAW OR RULE FROM ACCEPTING COMPEN-
SATION DESCRIBED IN SUBDIVISION TEN OF THIS SECTION SHALL NONETHELESS BE
PERMITTED TO SERVE AS A DIRECTOR PROVIDED SAID PERSON WAIVES HIS OR HER
COMPENSATION.
16. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR ANY
OTHER LAW, ANY DIRECTOR, ADMINISTRATOR, OR OTHER EMPLOYEE OF A CORPO-
RATION MAY BE ISSUED AND HOLD ANY LICENSE ISSUED BY THE STATE BOARD.
S 503. POWERS OF REGIONAL CORPORATIONS. SUBJECT TO THE GENERAL AND
SPECIFIC LIMITATIONS OF SECTIONS TWO HUNDRED TWENTY-TWO THROUGH SEVEN
HUNDRED FIVE OF THIS CHAPTER AND THE AUTHORITY OF THE STATE BOARD PURSU-
ANT TO ARTICLES ONE AND FIVE-A OF THIS CHAPTER, EACH CORPORATION SHALL
HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO ACQUIRE, HOLD, LEASE, RENT AND DISPOSE OF PERSONAL PROPERTY FOR
ITS CORPORATE PURPOSES;
4. TO ACQUIRE, IN THE NAME OF THE CORPORATION, BY PURCHASE, CONDEMNA-
TION, GIFT, GRANT OR DEVISE OR OTHERWISE, AND TO USE, REAL PROPERTY
WHICH IS NECESSARY OR CONVENIENT FOR CARRYING OUT ITS CORPORATE
PURPOSES; PROVIDED THAT THE CORPORATION SHALL NOT CONDEMN ANY REAL PROP-
ERTY WITHOUT FIRST HAVING OBTAINED THE CONSENT OF THE CHIEF ELECTED
OFFICIAL IN THE JURISDICTION IN WHICH SUCH REAL PROPERTY IS LOCATED.
ALL REAL PROPERTY ACQUIRED BY THE CORPORATION BY CONDEMNATION SHALL BE
ACQUIRED IN THE MANNER PROVIDED BY LAW FOR THE CONDEMNATION OF REAL
PROPERTY IN THE JURISDICTION IN WHICH THE REAL PROPERTY IS LOCATED;
5. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
6. TO APPOINT OFFICERS, AGENTS, AND EMPLOYEES, TO PRESCRIBE THEIR
QUALIFICATIONS, AND TO FIX THEIR COMPENSATION;
7. TO MAKE CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS NECES-
SARY OR CONVENIENT TO ACCOMPLISH ITS CORPORATE PURPOSES;
8. TO CONSTRUCT SUCH BUILDINGS, STRUCTURES AND FACILITIES AS MAY BE
NECESSARY;
9. TO ACCEPT GRANTS, LOANS AND CONTRIBUTIONS FROM THE UNITED STATES,
AND THE STATE OR ANY AGENCY OR INSTRUMENTALITY OF EITHER OF THEM, OR ANY
PARTICIPATING COUNTY, OR A CITY, OR ANY PERSON, INCLUDING GIFTS OR
TRANSFERS BY BEQUEST OR OTHERWISE, AND TO USE THE SAME OR EXPEND THE
PROCEEDS THEREOF FOR ITS CORPORATE PURPOSES;
10. IN THE MANNER AND SUBJECT TO THE PROVISIONS OF SECTIONS TWO
HUNDRED TWENTY-TWO THROUGH SEVEN HUNDRED FIVE OF THIS CHAPTER, AND
SUBJECT TO THE RULES AND REGULATIONS OF THE STATE BOARD, TO ESTABLISH
AND CONDUCT WITHIN THE REGION A SYSTEM OF OFF-TRACK PARI-MUTUEL BETTING
ON HORSE RACES, AND, IF LICENSED TO DO SO UNDER ARTICLE THREE OF THIS
CHAPTER, CONDUCT HARNESS RACE MEETINGS;
11. A. TO PROMULGATE, AMEND AND REPEAL SUCH RULES AND REGULATIONS
CONSISTENT WITH THE PROVISIONS OF SECTIONS TWO HUNDRED TWENTY-TWO
THROUGH SEVEN HUNDRED FIVE OF THIS CHAPTER AS IT MAY DEEM NECESSARY OR
DESIRABLE TO CARRY OUT THE PURPOSES OF THIS ARTICLE. SUCH RULES AND
REGULATIONS SHALL HAVE THE FORCE AND EFFECT OF LAW;
A. 9997 7
B. EXCEPT IN THE CASE OF THE METROPOLITAN OTB WHICH SHALL FILE WITH
THE SECRETARY OF STATE, NO RULE OR REGULATION PROMULGATED BY A CORPO-
RATION PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE EFFECTIVE
UNTIL A COPY THEREOF IS FILED WITH THE CLERK OF EACH PARTICIPATING COUN-
TY;
C. ANY VIOLATION OF ANY RULE OR REGULATION, FILED WITH THE SECRETARY
OF STATE OR THE COUNTY CLERK OF EACH COUNTY IN WHICH SUCH CORPORATION
OPERATES AND DESIGNATED BY THE LETTER "R" BY RESOLUTION OF THE BOARD OF
DIRECTORS OF THE CORPORATION, SHALL BE A VIOLATION AND SHALL BE PUNISHA-
BLE BY IMPRISONMENT FOR NOT MORE THAN THREE MONTHS, OR BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE.
ALL SUCH FINES COLLECTED SHALL BE PAYABLE TO THE COUNTY COMPTROLLER IN
THE COUNTY IN WHICH THE VIOLATION OCCURRED AND SHALL BE PAID BY HIM INTO
THE GENERAL FUND OF SUCH COUNTY. ANY SUCH RULE SHALL BE EFFECTIVE,
NOTWITHSTANDING THAT ANY ACT OR OMISSION MADE AN OFFENSE OR PUNISHABLE
THEREBY MAY BE A CRIME OR VIOLATION OR PUNISHABLE UNDER ANY OTHER
PROVISION OF LAW;
12. WHEN LICENSED TO CONDUCT HARNESS RACE MEETINGS PURSUANT TO ARTICLE
THREE OF THIS CHAPTER, WESTERN REGIONAL OFF-TRACK BETTING CORPORATION
SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT TO MAKE PAYMENTS IN LIEU
OF TAXES TO THE BATAVIA CITY SCHOOL DISTRICT IN AN AMOUNT THAT IS BASED
UPON THE ASSESSED VALUE OF BATAVIA DOWNS RACE TRACK AS OF THE FIRST DAY
OF JANUARY, NINETEEN HUNDRED NINETY-EIGHT AND TO ENTER INTO AN AGREEMENT
WITH THE COUNTY OF GENESEE TO PAY FIVE-TENTHS OF ONE PERCENT OF THE
TOTAL DEPOSITS IN POOLS RESULTING FROM THE ACCEPTANCE OF SIMULCAST
WAGERING AT BATAVIA DOWNS RACE TRACK IN ORDER TO COMPENSATE SUCH COUNTY
FOR LOSSES THAT MAY OCCUR AS THE RESULT OF THE CLOSURE OF BRANCH OFFICES
IN SAID COUNTY.
13. TO PERFORM SUCH OTHER ACTS AND ENGAGE IN SUCH OTHER ACTIVITIES AS
MAY BE NECESSARY AND PROPER FOR EXERCISING ITS POWERS AND PERFORMING ITS
DUTIES UNDER THIS ARTICLE.
S 505. ACQUISITION OR LEASING OF PROPERTY. 1. A PARTICIPATING COUNTY
MAY, IN ACCORDANCE WITH THE PROVISIONS OF LAW GOVERNING THE ACQUISITION
OR LEASING OF REAL PROPERTY BY SUCH COUNTY, ACQUIRE REAL PROPERTY IN THE
NAME OF SUCH COUNTY BY PURCHASE OR CONDEMNATION FOR USE BY THE CORPO-
RATION, OR LEASE REAL PROPERTY FROM OTHER OWNERS FOR SUCH PURPOSE, AND,
BY RESOLUTION OF THE GOVERNING BODY OF SUCH COUNTY, MAY THROUGH LEASE OR
CONTRACT MADE UPON SUCH TERMS AND CONDITIONS, WITH OR WITHOUT CONSIDER-
ATION, AND FOR SUCH PERIOD OF TIME AS MAY BE AGREED UPON BY SUCH COUNTY
AND THE CORPORATION, AUTHORIZE THE USE OR OCCUPANCY OF SUCH REAL PROPER-
TY BY THE CORPORATION FOR THE CARRYING OUT OF ITS CORPORATE PURPOSE.
2. SUCH COUNTY MAY, IN ACCORDANCE WITH THE PROVISIONS OF LAW GOVERNING
THE ACQUISITION OR LEASING OF PERSONAL PROPERTY BY SUCH COUNTY, ACQUIRE
OR LEASE PERSONAL PROPERTY FOR USE BY THE CORPORATION AND, ACTING BY THE
GOVERNING BODY OF SUCH COUNTY, MAY BY LEASE OR CONTRACT MADE UPON SUCH
TERMS AND CONDITIONS, WITH OR WITHOUT CONSIDERATION, AND FOR SUCH PERIOD
OF TIME AS MAY BE AGREED UPON BY SUCH COUNTY AND THE CORPORATION AUTHOR-
IZE THE USE OF SUCH PROPERTY BY THE CORPORATION OR TRANSFER TITLE TO
SUCH PROPERTY TO IT, FOR THE CARRYING OUT OF ITS CORPORATE PURPOSE.
3. SUCH COUNTY MAY, BY RESOLUTION OF THE GOVERNING BODY OF SUCH COUN-
TY, OR BY AN INSTRUMENT AUTHORIZED BY SUCH A RESOLUTION, AUTHORIZE THE
CORPORATION TO USE OR OCCUPY FOR ITS CORPORATE PURPOSE ANY REAL PROPERTY
THEN OWNED BY OR UNDER LEASE TO SUCH COUNTY, UPON SUCH TERMS AND CONDI-
TIONS, WITH OR WITHOUT CONSIDERATION, AND FOR SUCH PERIOD OF TIME, AS
MAY BE AGREED UPON BY SUCH COUNTY AND THE CORPORATION; PROVIDED THAT, IN
THE CASE OF ANY SUCH PROPERTY THEN UNDER LEASE TO SUCH COUNTY, THE
A. 9997 8
AUTHORIZATION GRANTED BY SUCH COUNTY TO THE CORPORATION SHALL BE WITHIN
AND CONSISTENT WITH THE RIGHTS OF SUCH COUNTY AS LESSEE OF SUCH PROPER-
TY.
4. EACH CORPORATION, FOR THE CARRYING OUT OF ITS CORPORATE PURPOSE,
MAY ITSELF ACQUIRE REAL PROPERTY IN THE NAME OF THE PARTICIPATING COUN-
TIES AT THE COST AND EXPENSE OF THE CORPORATION BY PURCHASE OR CONDEMNA-
TION PURSUANT TO THE LAWS GOVERNING THE CONDEMNATION OF REAL PROPERTY BY
EACH COUNTY. THE CORPORATION SHALL HAVE THE USE AND OCCUPANCY OF SUCH
REAL PROPERTY SO LONG AS ITS CORPORATE EXISTENCE SHALL CONTINUE.
5. A. CONTRACTS MAY BE ENTERED INTO BY A PARTICIPATING COUNTY AND THE
CORPORATION CONTAINING UNDERTAKINGS BY A PARTICIPATING COUNTY: (I) TO
ACQUIRE OR LEASE REAL OR PERSONAL PROPERTY AND AUTHORIZE THE USE OR
OCCUPANCY OF SAME BY THE CORPORATION; OR (II) TO AUTHORIZE THE CORPO-
RATION TO USE OR OCCUPY REAL OR PERSONAL PROPERTY THEN OWNED BY OR UNDER
LEASE TO A PARTICIPATING COUNTY; OR (III) TO PERFORM ANY OTHER ACTS ON
THE PART OF SUCH COUNTY AUTHORIZED BY SUBDIVISIONS ONE, TWO AND THREE OF
THIS SECTION, PROVIDED THE ACTS OF SUCH COUNTY CALLED FOR BY SUCH UNDER-
TAKINGS ARE IN CONFORMITY WITH THE PROVISIONS OF, AND WITHIN THE POWERS
GRANTED TO THE COUNTY BY, SUCH SUBDIVISIONS ONE, TWO AND THREE OF THIS
SECTION. THE MAKING OF ANY SUCH CONTRACT SHALL BE AUTHORIZED, ON BEHALF
OF THE COUNTY, BY THE GOVERNING BODY OR THE COUNTY EXECUTIVE, OR BY
BOTH, AS THE CASE MAY BE, IN THE SAME MANNER AS THE ACT OR ACTS OF THE
COUNTY CALLED FOR BY THE UNDERTAKING OR UNDERTAKINGS IN SUCH CONTRACT
ARE REQUIRED TO BE AUTHORIZED UNDER THE APPLICABLE PROVISIONS OF SUCH
SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION.
B. IN THE EXERCISE OF ITS POWERS AND AUTHORITY UNDER SECTION SIX
HUNDRED SEVEN OF THIS CHAPTER, THE METROPOLITAN OTB SHALL LOCATE ITS
HEADQUARTERS AND A FULL SERVICE, HIGH QUALITY OFF-TRACK GAMING AND VIDEO
LOTTERY GAMING, SIMULCAST TELE-THEATER AND PARKING LOT/GARAGE AT THE
PRIME LOCATION KNOWN AS THE TIME EQUITIES BUILDING LOCATED AT 70 WEST
SUNRISE HIGHWAY IN THE INCORPORATED VILLAGE OF FREEPORT, NEW YORK,
INCLUDING A FULL SERVICE RESTAURANT AND OTHER DINING, LOUNGE AND ENTER-
TAINMENT FACILITIES. IN FURTHERANCE OF THE LOCATION OF SUCH HEADQUARTERS
AND GAMING FACILITY AS AFORESAID, THE METROPOLITAN OTB SHALL ENTER INTO
SUCH CAPITAL LEASE WITH THE INCORPORATED VILLAGE OF FREEPORT AS SHALL
ENSURE THAT SAID REGIONAL OTB WILL AT ITS EXPENSE EFFECT ANY AND ALL
SUCH RENOVATIONS AND UPGRADES TO SAID OFF-TRACK BETTING FACILITY AS
SHALL BE NECESSARY AND CONVENIENT FOR IT TO BE OPERATED AS SUCH HEAD-
QUARTERS AND FULL SERVICE OFF-TRACK BETTING FACILITY TO BE LICENSED
HEREUNDER AND TO BE CERTIFIED TO BE IN COMPLIANCE WITH ALL STATE AND
LOCAL FIRE AND SAFETY CODES SUCH THAT THE DIVISION IS AFFORDED ADEQUATE
SPACE, INFRASTRUCTURE AND AMENITIES CONSISTENT WITH THE HIGHEST INDUSTRY
STANDARDS FOR SUCH HEADQUARTERS AND FULL SERVICE, HIGH QUALITY OFF-TRACK
GAMING AND VIDEO LOTTERY GAMING AND SIMULCAST TELE-THEATER FACILITIES
AND OPERATIONS AS ARE FOUND IN OTHER STATES, CITIES AND REGIONS, INCLUD-
ING:
(I) SUPERIOR CONSUMER AMENITIES AND CONVENIENCES TO ENCOURAGE AND
ATTRACT THE PATRONAGE OF TOURISTS AND OTHER VISITORS FROM ACROSS THE
REGION, STATE AND NATION; AND
(II) ADEQUATE MOTOR VEHICLE PARKING FACILITIES TO SATISFY EMPLOYEE AND
PATRON REQUIREMENTS.
C. ANY SUCH CONTRACT BETWEEN A COUNTY OR OTHER POLITICAL SUBDIVISION
AND THE CORPORATION MAY BE PLEDGED BY THE CORPORATION TO SECURE ITS
BONDS OR NOTES AND MAY NOT BE MODIFIED THEREAFTER EXCEPT AS PROVIDED BY
THE TERMS OF THE PLEDGE.
A. 9997 9
6. IN CASE THE CORPORATION SHALL HAVE THE USE OR OCCUPANCY OF ANY REAL
PROPERTY WHICH IT SHALL DETERMINE IS NO LONGER REQUIRED FOR THE CARRYING
OUT OF ITS CORPORATE PURPOSE, THEN, IF SUCH REAL PROPERTY WAS ACQUIRED
AT THE COST AND EXPENSE OF A COUNTY, THE CORPORATION SHALL HAVE POWER TO
SURRENDER ITS USE OR OCCUPANCY THEREOF TO THE COUNTY, OR, IF SUCH REAL
PROPERTY WAS ACQUIRED AT THE COST AND EXPENSE OF THE CORPORATION, THE
CORPORATION SHALL HAVE THE POWER TO SELL, LEASE OR OTHERWISE DISPOSE OF
SAID REAL PROPERTY AT PUBLIC OR PRIVATE SALE, AND SHALL RETAIN AND HAVE
THE POWER TO USE THE PROCEEDS OF SALE, RENTALS OR OTHER MONEYS DERIVED
FROM THE DISPOSITION THEREOF FOR ITS CORPORATE PURPOSE.
7. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, EACH CORPORATION MAY MAKE PURCHASES OF MATERIALS,
EQUIPMENT OR SUPPLIES, WHEN AVAILABLE, THROUGH A PARTICIPATING COUNTY
SUBJECT TO ANY PROCEDURES OR RULES WHICH MAY BE ESTABLISHED BY SUCH
PARTICIPATING COUNTY PRESCRIBING THE CONDITIONS UNDER WHICH, AND THE
MANNER IN WHICH PURCHASES MAY BE MADE. ALL PURCHASES SHALL BE SUBJECT TO
AUDIT AND INSPECTION BY THE CORPORATION AND THE CORPORATION SHALL ACCEPT
SOLE RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR. THE CORPORATION
SHALL MAKE NO PURCHASE THROUGH THE PARTICIPATING COUNTY WHEN BIDS HAVE
BEEN RECEIVED FOR SUCH PURCHASE BY THE CORPORATION, UNLESS SUCH PURCHASE
MAY BE MADE UPON THE SAME TERMS, CONDITIONS AND SPECIFICATIONS AT A
LOWER PRICE THROUGH THE PARTICIPATING COUNTY.
S 507. CONTRACTS OF CORPORATIONS. 1. EACH CORPORATION SHALL LET
CONTRACTS FOR CONSTRUCTION OR ANY OTHER WORK, INCLUDING THE FURNISHING
OF MATERIALS OR SUPPLIES INCIDENT THERETO, AND CONTRACTS FOR THE
PURCHASE OR PROCUREMENT OF EQUIPMENT, MATERIALS OR SUPPLIES: (I) IN THE
MANNER PROVIDED BY LAW WITH RESPECT TO THE LETTING OF SUCH CONTRACTS BY
COUNTIES EXCEPT THAT WHERE THE ESTIMATED EXPENSE OF A CONTRACT DOES NOT
EXCEED FIFTEEN THOUSAND DOLLARS, SUCH CONTRACT MAY BE ENTERED INTO WITH-
OUT PUBLIC LETTING, PROVIDED, HOWEVER, THAT WHERE THE CORPORATION DETER-
MINES WITH RESPECT TO ANY CONTRACT THAT IT WOULD NOT BE IN THE PUBLIC
INTEREST TO COMPLY WITH THIS SECTION AND THE GOVERNING BODY OF EACH
COUNTY, BY RESOLUTION, RULE OR REGULATION ADOPTED BY THE VOTE OF
TWO-THIRDS OF THE WHOLE NUMBER OF VOTES AUTHORIZED TO BE CAST BY ALL OF
THE MEMBERS OF SUCH BODY, CONCURS IN SUCH DETERMINATION, THEN IT MAY
ENTER INTO SUCH CONTRACT WITHOUT PUBLIC LETTING AS AUTHORIZED BY SAID
RESOLUTION, RULES AND REGULATIONS; (II) IN CONJUNCTION WITH ONE OR MORE
REGIONAL OFF-TRACK BETTING CORPORATIONS PURSUANT TO THIS SECTION; OR
(III) IN THE MANNER PROVIDED IN SECTION SIX HUNDRED NINE OF THIS CHAPTER
IN THE CASE OF THE METROPOLITAN OFF-TRACK BETTING CORPORATION.
2. THE CORPORATION MAY MAKE RULES AND REGULATIONS GOVERNING THE QUALI-
FICATIONS OF BIDDERS ENTERING INTO SUCH A CONTRACT WHERE THE COST OF
SUCH A CONTRACT EXCEEDS TEN THOUSAND DOLLARS. THE BIDDING MAY BE
RESTRICTED TO THOSE WHO SHALL HAVE QUALIFIED PRIOR TO THE RECEIPT OF
BIDS ACCORDING TO STANDARDS FIXED BY THE CORPORATION; PROVIDED, HOWEVER,
THAT NOTICE OR NOTICES FOR THE SUBMISSION OF QUALIFICATIONS SHALL BE
PUBLISHED IN A NEWSPAPER WITH A GENERAL CIRCULATION IN THE REGION AT
LEAST ONCE, NOT LESS THAN TEN DAYS PRIOR TO THE DATE FIXED FOR THE
FILING OF QUALIFICATIONS.
3. IT SHALL BE A MISDEMEANOR FOR A DIRECTOR OF THE CORPORATION OR AN
OFFICER, AGENT, EXECUTIVE OR OTHER EMPLOYEE RETAINED, EMPLOYED OR
APPOINTED BY THE CORPORATION TO BE IN ANY MANNER OR WAY INTERESTED,
DIRECTLY OR INDIRECTLY, AS PRINCIPAL, SURETY OR OTHERWISE IN A CONTRACT,
THE EXPENSE OR CONSIDERATION WHEREOF IS PAYABLE OUT OF FUNDS OF THE
CORPORATION.
A. 9997 10
S 516. MONEYS OF CORPORATIONS; DISPOSITION OF NET REVENUES. 1. THE
MONETARY TRANSACTIONS OF THE CORPORATION AND THE KEEPING OF ITS BOOKS
AND ACCOUNTS SHALL BE UNDER THE SUPERVISION OF THE BOARD OF DIRECTORS
WHO SHALL BE SUBJECT TO THE GENERAL AND SPECIFIC JURISDICTION OF THE
STATE BOARD AND TO AUDIT BY THE COMPTROLLER.
2. AFTER PAYMENT OF ALL OF THE COSTS OF THE CORPORATION'S FUNCTIONS,
NET REVENUE REMAINING TO THE CORPORATION SHALL BE DIVIDED, QUARTERLY,
NOT MORE THAN THIRTY DAYS AFTER THE CLOSE OF THE CALENDAR QUARTER, AMONG
THE PARTICIPATING COUNTIES IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
A. EXCEPT IN THE CASE OF THE METROPOLITAN OTB, FIFTY PERCENT OF SUCH
REVENUE DISTRIBUTED AMONG THE PARTICIPATING COUNTIES ON THE BASIS OF THE
PROPORTION OF THE TOTAL OFF-TRACK PARI-MUTUEL WAGERING ACCEPTED BY THE
CORPORATION DURING THE PREVIOUS CALENDAR QUARTER THAT ORIGINATED IN THE
BRANCH OFFICES LOCATED IN EACH PARTICIPATING COUNTY;
B. EXCEPT IN THE CASE OF THE METROPOLITAN OTB, FIFTY PERCENT OF SUCH
REVENUE ON THE BASIS OF POPULATION, AS DEFINED AS THE TOTAL POPULATION
IN EACH PARTICIPATING COUNTY SHOWN BY THE LATEST PRECEDING DECENNIAL
FEDERAL CENSUS COMPLETED AND PUBLISHED AS A FINAL POPULATION COUNT BY
THE UNITED STATES BUREAU OF THE CENSUS PRECEDING THE COMMENCEMENT OF THE
CALENDAR YEAR IN WHICH SUCH DISTRIBUTION IS TO BE MADE; AND
C. A PARTICIPATING COUNTY CONTAINING A CITY ELECTING TO PARTICIPATE IN
THE MANAGEMENT AND REVENUES OF A CORPORATION UNDER SUBDIVISION TWO OF
SECTION FIVE HUNDRED TWO OF THIS ARTICLE SHALL DISTRIBUTE REVENUE
RECEIVED UNDER PARAGRAPHS A AND B OF THIS SUBDIVISION TO SUCH CITY
ACCORDING TO THE PROPORTION SUCH CITY'S POPULATION BEARS TO THE COUNTY'S
POPULATION.
D. IN THE CASE OF THE METROPOLITAN OTB, SUCH REVENUE SHALL BE DISTRIB-
UTED AMONG THE STATE AND THE COUNTY OF NASSAU ON THE BASIS OF THE
PROPORTION OF THE TOTAL OFF-TRACK PARI-MUTUEL WAGERING ACCEPTED BY THE
CORPORATION DURING THE PREVIOUS CALENDAR QUARTER THAT ORIGINATED IN THE
BRANCH OFFICES LOCATED IN NEW YORK CITY AND NASSAU COUNTY, RESPECTIVELY.
3. THE COMPTROLLER AND HIS LEGALLY AUTHORIZED REPRESENTATIVE ARE
AUTHORIZED TO AND SHALL FROM TIME TO TIME BUT AT LEAST ONCE ANNUALLY,
EXAMINE THE ACCOUNTS AND BOOKS OF THE CORPORATION, INCLUDING ITS
RECEIPTS, DISBURSEMENTS, CONTRACTS, LEASES, SINKING FUNDS, INVESTMENTS
AND ANY OTHER RECORDS AND PAPERS RELATING TO ITS FINANCIAL STANDING.
4. THE CORPORATION SHALL HAVE POWER, NOTWITHSTANDING THE PROVISIONS OF
THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY OF ITS BONDS AS TO THE
CUSTODY, COLLECTION, SECURING, INVESTMENT AND PAYMENT OF ANY MONEYS OF
THE CORPORATION OR ANY MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT
OF BONDS IN ANY WAY TO SECURE BONDS, AND TO CARRY OUT ANY SUCH CONTRACT
NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE PREVIOUS
PROVISIONS OF THIS SECTION.
5. MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR IN
ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH MONEYS MAY BE SECURED IN
THE SAME MANNER AS MONEYS OF THE CORPORATION, AND ALL BANKS AND TRUST
COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH DEPOSITS.
S 3. There is hereby created a task force on the future of off-track
betting in New York state. The task force shall be comprised of five
members, appointed by the governor, one of whom shall be appointed on
the recommendation of the temporary president of the senate and one of
whom shall be appointed on the recommendation of the speaker of the
assembly. All members shall be appointed within 30 days of the effective
date of this act. Task force members shall receive no compensation for
their services, but shall be reimbursed for actual and necessary travel
expenses incurred in the performance of their duties. The task force is
A. 9997 11
authorized to utilize the services and support of the racing and wager-
ing board, the division of the lottery and any other state entity which
may contribute to its mission. The task force shall analyze and make
recommendations concerning the optimal utilization of the state's
regional off-track betting system with an emphasis on the system's capa-
bility to raise revenues for state and local governments and strengthen
the racing and breeding industries in New York. Such analyses and recom-
mendations shall result from a study to be conducted by the task force
in consultation with representatives of the state's regional off-track
betting corporations, representatives of local governments, thoroughbred
and harness racetrack operators, horsemen and breeders, operators of
video lottery terminals at various tracks, pari-mutuel/technology
vendors serving the pari-mutuel industry and New York State American
Federation of Labor-Congress of Industrial Organizations. The task force
shall no later than March 1, 2011 report its findings and recommenda-
tions to the governor and the legislature. However, the status of its
ongoing inquiry shall be made available at any time to the governor, the
temporary president of the senate and the speaker of the assembly upon
request.
Such analysis should, but may not be limited to, focus on the current
and future pari-mutuel marketplace with respect to wagering at off-track
sites, legislative and regulatory issues, the industry's changing
competitive environment, the economic contributions of the racing and
breeding industry to New York and its communities and potential revenue
impacts to the state and industry, and the necessity for regulation of
advance deposit wagering providers that are engaged in the business of
accepting pari-mutuel wagering on horse racing from persons within New
York state.
S 4. Notwithstanding any other provision of this act or any other law,
rule or regulation, the public benefit corporations known as the New
York city off-track betting corporation and the Nassau county off-track
betting corporation, shall upon the effective date of this act, continue
in existence as a combined corporation to be known as the Metropolitan
off-track betting corporation and shall continue to be the public bene-
fit corporation authorized to operate the system for off-track pari-mu-
tuel wagering on horse races within New York city and Nassau county,
subject to the provisions of this act, and in accordance with the
racing, pari-mutuel wagering and breeding law and all other applicable
requirements of law. The Metropolitan off-track betting corporation
shall continue to be bound on and after the effective date of this act
by any contract, lease, memorandum of understanding, requirement of
statute or other lawful obligation or liability by or to which the New
York city or Nassau county off-track betting corporation was a party,
obligated or bound, or that otherwise applied to such corporation as of
or prior to the effective date of this act. Except as otherwise specif-
ically provided in this act, the Metropolitan off-track betting corpo-
ration shall continue to exercise the statutory, contractual and other
rights, privileges, powers and duties that applied to such corporations
as of or prior to the effective date of this act. To the extent that
existing collective bargaining agreements refer to actions, powers or
approvals by agencies of the city of New York or Nassau county in
relation to matters not within the scope of section 606 of the racing,
pari-mutuel wagering and breeding law, such corporation shall, beginning
promptly upon the effective date of this act, negotiate with such repre-
sentatives to arrive at interim agreements that contain, except as may
otherwise be agreed by the parties, substantially equivalent actions,
A. 9997 12
powers or approvals by such corporation or agencies of the state,
including approval by the governor's office of employee relations;
provided, however that such corporation shall reimburse New York city,
Nassau county or their designees for the actual costs of such actions,
incurred after the effective date of this act and prior to the execution
of such interim agreements. Nothing contained in this act shall be
construed to diminish the rights of employees under any collective
bargaining agreement, or any rights pursuant to paragraph (e) of subdi-
vision 1 of section 209-a of the civil service law.
S 5. Notwithstanding any other provision of law or regulation to the
contrary, all funds accumulated in the capital acquisition funds, estab-
lished pursuant to sections 508 and 609-a of the racing, pari-mutuel
wagering and breeding law, prior to July 1, 2010 or deposited into such
fund thereafter shall be made available to the Metropolitan off-track
betting corporation for any corporate purpose.
S 6. Notwithstanding any other provision of law or regulation, the
board of directors of the Metropolitan off-track betting corporation may
meet in executive session, including telephonically, on an emergency
basis without notice at any time prior to August 1, 2010.
S 7. Notwithstanding any other provision of law or regulation, nothing
in this act shall diminish the rights that retired employees and offi-
cers of the New York city and Nassau county off-track betting corpo-
rations have to participate in, and receive benefits from any
city/county authorized health insurance or welfare benefit program;
provided, however, that the corporation shall reimburse the city/county
or its designee for the actual cost of such benefits.
S 8. The opening paragraph of section 509-a of the racing, pari-mutuel
wagering and breeding law, as amended by chapter 346 of the laws of
1990, is amended to read as follows:
The corporation may create and establish a capital acquisition fund
for the purpose of financing the acquisition, construction or equipping
of offices, facilities or premises of the corporation. Such capital
acquisition fund shall consist of (i) the amounts specified pursuant to
subdivision [three-a] THREE of section five hundred thirty-two of this
chapter; and (ii) contributions from the corporation's pari-mutuel
wagering pools, subject to the following limitations:
S 9. Sections 518, 519, 521, 523, 527 and 532 of the racing, pari-mu-
tuel wagering and breeding law are REPEALED and six new sections 518,
519, 521, 523, 527 and 532 are added to read as follows:
S 518. OFF-TRACK PARI-MUTUEL BETTING; OBJECTIVES. IN THE EXERCISE OF
THE POWER VESTED IN IT BY SUBDIVISION ONE OF SECTION NINE OF ARTICLE ONE
OF THE STATE CONSTITUTION, THE LEGISLATURE HEREBY PRESCRIBES THAT
OFF-TRACK PARI-MUTUEL BETTING ON HORSE RACES, CONDUCTED UNDER THE ADMIN-
ISTRATION OF THE STATE RACING AND WAGERING BOARD IN THE MANNER AND
SUBJECT TO THE CONDITIONS PROVIDED FOR IN THIS ARTICLE, SHALL BE LAWFUL,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL OR
LOCAL, INCLUDING ANY LAW PROHIBITING OR RESTRICTING LOTTERIES,
POOL-SELLING OR BOOKMAKING OR ANY OTHER KIND OF GAMBLING; IT BEING THE
PURPOSE OF THIS ARTICLE TO DERIVE FROM SUCH BETTING, AS AUTHORIZED BY
THIS ARTICLE, A REASONABLE REVENUE FOR THE SUPPORT OF GOVERNMENT, AND TO
PREVENT AND CURB UNLAWFUL BOOKMAKING AND ILLEGAL WAGERING ON HORSE
RACES. IT IS ALSO THE INTENTION OF THIS ARTICLE TO ENSURE THAT OFF-TRACK
BETTING IS CONDUCTED IN A MANNER COMPATIBLE WITH THE WELL-BEING OF THE
HORSE RACING AND BREEDING INDUSTRIES IN THIS STATE, WHICH INDUSTRIES ARE
AND SHOULD CONTINUE TO BE MAJOR SOURCES OF REVENUE TO STATE AND LOCAL
GOVERNMENT AND SOURCES OF EMPLOYMENT FOR THOUSANDS OF STATE RESIDENTS.
A. 9997 13
S 519. DEFINITIONS. THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
1. "REGION." ONE OR MORE OF THE FOLLOWING NAMED REGIONS COMPRISED OF
THE COUNTIES INDICATED:
A. SUFFOLK: SUFFOLK COUNTY;
B. NASSAU: NASSAU COUNTY;
C. NEW YORK CITY: THE FIVE COUNTIES COMPRISING THE CITY OF NEW YORK;
D. CATSKILL: BROOME, CHEMUNG, CHENANGO, DELAWARE, ORANGE, ROCKLAND,
SULLIVAN, TIOGA, DUTCHESS, TOMPKINS, WESTCHESTER, PUTNAM AND ULSTER
COUNTIES;
E. CAPITAL DISTRICT: ALBANY, CLINTON, COLUMBIA, CORTLAND, ESSEX,
FRANKLIN, FULTON, GREENE, HAMILTON, HERKIMER, MADISON, MONTGOMERY, ONEI-
DA, OTSEGO, RENSSELAER, SARATOGA, SCHENECTADY, SCHOHARIE, ST. LAWRENCE,
WARREN AND WASHINGTON COUNTIES;
F. CENTRAL: LEWIS AND ONONDAGA COUNTIES;
G. WESTERN: ALLEGANY, CATTARAUGUS, CAYUGA, CHAUTAUQUA, ERIE, GENESEE,
JEFFERSON, LIVINGSTON, MONROE, NIAGARA, ONTARIO, ORLEANS, OSWEGO,
SCHUYLER, SENECA, STEUBEN, WAYNE, WYOMING AND YATES COUNTIES;
H. NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SUBDIVISION, WHEN AND
IF THE CENTRAL REGIONAL OFF-TRACK BETTING CORPORATION IS ESTABLISHED, IT
SHALL INCLUDE, IN ADDITION TO THE COUNTIES LISTED IN PARAGRAPH F, THE
FOLLOWING: CAYUGA, CHENANGO, CORTLAND, FRANKLIN, HERKIMER, JEFFERSON,
MADISON, ONEIDA, OSWEGO, OTSEGO AND TOMPKINS COUNTIES.
I. NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SUBDIVISION, WHEN THE
METROPOLITAN REGIONAL OFF-TRACK BETTING CORPORATION IS ESTABLISHED, IT
SHALL INCLUDE NEW YORK CITY AND NASSAU COUNTY.
2. "EXOTIC BET" OR "EXOTIC WAGER." A SINGLE BET OR WAGER ON THREE OR
MORE HORSES, EVIDENCED BY A SINGLE TICKET AND REPRESENTING AN INTEREST
IN A SINGLE BETTING POOL.
3. "MULTIPLE BET" OR "MULTIPLE WAGER." A SINGLE BET OR WAGER ON TWO
HORSES, EVIDENCED BY A SINGLE TICKET AND REPRESENTING AN INTEREST IN A
SINGLE BETTING POOL.
4. "RETAINED COMMISSION." THE PERCENTAGE RETAINED BY EACH REGIONAL
CORPORATION CONDUCTING OFF-TRACK BETTING OF ALL SUMS DEPOSITED IN ANY
PARI-MUTUEL POOL THROUGH SUCH CORPORATION, LESS THE AMOUNTS REFUNDED AND
PAID OR HELD FOR PAYMENT TO THE HOLDERS OF WINNING TICKETS THEREIN,
PROVIDED SUCH TICKETS BE PRESENTED FOR PAYMENT PRIOR TO APRIL FIRST OF
THE YEAR FOLLOWING THE YEAR OF THEIR PURCHASE, AND LESS AN AMOUNT WHICH
SHALL BE RETAINED TO COVER THE "COST OF CORPORATION'S FUNCTIONS" AS SET
FORTH IN SECTIONS FIVE HUNDRED ONE AND SIX HUNDRED TWO OF THIS CHAPTER
AND THE STATE TAX LEVIED PURSUANT TO SUBDIVISION ONE OF SECTION FIVE
HUNDRED TWENTY-SEVEN OF THIS ARTICLE, AT THE SAME RATE OF RETENTION
ESTABLISHED BY THE TRACK ACCEPTING WAGERS FROM EACH SUCH REGIONAL CORPO-
RATION.
5. "ARTICLE." AS USED IN THIS ARTICLE MAY ALSO REFER TO ARTICLES FIVE
AND SIX.
S 521. APPROVAL OF PLANS OF OPERATION; AMENDMENTS. IN ORDER TO ACCOM-
PLISH THE OBJECTIVES OF THIS ARTICLE, THE BOARD SHALL HAVE THE POWER,
SUBJECT TO THE PROVISIONS OF THIS ARTICLE BUT WITHOUT LIMITING THE
GENERALITY OF ANY PROVISION OF THIS CHAPTER, TO APPROVE A PLAN OF OPERA-
TION SUBMITTED BY ANY REGIONAL CORPORATION CREATED UNDER ARTICLE FIVE OF
THIS CHAPTER.
1. BEFORE IT MAY GRANT SUCH APPROVAL, THE BOARD MUST REVIEW AND
APPROVE A FEASIBILITY STUDY SUBMITTED BY SUCH CORPORATION, INCLUDING BUT
NOT LIMITED TO THE FOLLOWING SUBJECTS:
A. 9997 14
A. THE OVERALL PRACTICABILITY OF ESTABLISHING AND OPERATING AN EFFI-
CIENT AND PROFITABLE SYSTEM OF OFF-TRACK BETTING IN SUCH REGION OR IN
SUCH COUNTIES THAT HAVE ELECTED TO PARTICIPATE IN THE CORPORATION;
B. THE POTENTIAL MARKET;
C. THE ESTIMATED COSTS OF OPERATION;
D. THE PROBABLE TYPES OF WAGERING AND NUMBER OF OPPORTUNITIES REQUIRED
FOR SUCCESSFUL OPERATION;
E. THE PROBABLE IMPACT OF THE PROPOSED OPERATION UPON ON-TRACK ATTEND-
ANCE AND PARI-MUTUEL BETTING WITHIN THE REGION. THE BOARD MAY, WITHIN
THE TIME PROVIDED FOR APPROVAL, REQUEST ADDITIONAL INFORMATION FROM THE
CORPORATION. DISAPPROVAL OF THE FEASIBILITY STUDY SHALL BE ACCOMPANIED
BY A STATEMENT OF THE REASONS THEREFOR AND SHALL BE TREATED AS DISAP-
PROVAL OF A PLAN UNDER SUBDIVISION THREE OF THIS SECTION.
2. THE PLAN OF OPERATION SHALL INCLUDE THE FOLLOWING:
A. THE ORGANIZATIONAL STRUCTURE OF THE CORPORATION INCLUDING THE
APPROXIMATE NUMBER AND COMPENSATION OF EMPLOYEES;
B. A NARRATIVE DESCRIPTION OF THE SYSTEM;
C. THE TYPES AND APPROXIMATE COST OF DATA PROCESSING, COMMUNICATION
AND TRANSMISSION FACILITIES THAT WILL BE UTILIZED, INCLUDING BACK-UP
SYSTEMS;
D. SECURITY MEASURES;
E. THE TYPE AND NUMBER OF BETTING OPPORTUNITIES TO BE OFFERED;
F. THE RACE TRACKS AND RACES FOR WHICH BETS WILL BE TAKEN;
G. THE MAXIMUM AND MINIMUM NUMBER OF RETAIL OUTLETS OR BETTING OFFICES
TO BE ESTABLISHED;
H. THE PROPOSED SYSTEM OF ACCOUNTS; AND
I. THE AMOUNT AND PROPOSED SOURCES OF FINANCING.
3. WITHIN NINETY DAYS OF RECEIPT OF THE FEASIBILITY STUDY AND PLAN,
THE BOARD SHALL ISSUE AN ORDER APPROVING THE PLAN, APPROVING IT WITH
MODIFICATIONS OR DENYING APPROVAL AND STATING ITS REASONS THEREFOR.
WITHIN SUCH PERIOD THE BOARD MAY REQUEST ADDITIONAL INFORMATION OR
SUGGEST AMENDMENTS. IF THE BOARD FAILS TO APPROVE THE PLAN WITHOUT
MODIFICATION, THE CORPORATION MAY REQUEST A PUBLIC HEARING TO BE HELD
WITHIN THIRTY DAYS OF THE ISSUANCE OF AN ORDER APPROVING AN APPLICATION
WITH MODIFICATIONS OR DENYING IT. THE BOARD SHALL ISSUE ITS FINAL DETER-
MINATION WITHIN TEN DAYS OF SUCH HEARING. THE CORPORATION MAY SUBMIT AN
AMENDED APPLICATION NO SOONER THAN NINETY DAYS AFTER A DENIAL.
4. A PLAN OF OPERATION MAY BE AMENDED FROM TIME TO TIME AT THE REQUEST
OF EITHER THE CORPORATION OR THE BOARD. THE CORPORATION SHALL HAVE THE
RIGHT TO BE HEARD CONCERNING ANY AMENDMENT TO THE PLAN PROPOSED AFTER
IMPLEMENTATION AND THE BOARD SHALL DISPOSE OF SUCH PROPOSED AMENDMENTS
AS EXPEDITIOUSLY AS PRACTICABLE, BUT NO LATER THAN THIRTY DAYS FOLLOWING
SUBMISSION BY THE CORPORATION OR, IN THE CASE OF AMENDMENTS PROPOSED BY
THE BOARD, OBJECTION BY THE CORPORATION.
5. ANY ARRANGEMENTS FOR TELECASTS OR BROADCASTS OF RUNNING RACES
PURSUANT TO CONTRACTS WITH TRACK OPERATORS SHALL CONSTITUTE A PART OF
THE PLAN OF OPERATION, OR AN AMENDMENT THERETO, AS THE CASE MAY BE.
6. A. THE PLAN OF OPERATION OF THE NEW YORK CITY OFF-TRACK BETTING
CORPORATION IN EFFECT ON JULY FIRST, NINETEEN HUNDRED SEVENTY-THREE,
SHALL BE DEEMED APPROVED BY THE BOARD, BUT SHALL THEREAFTER BE SUBJECT
TO THE GENERAL JURISDICTION OF THE BOARD IN THE SAME MANNER AS ARE THE
PLANS OF OTHER REGIONAL CORPORATIONS.
B. THE PLAN OF OPERATION FOR THE METROPOLITAN OFF-TRACK BETTING CORPO-
RATION, TO BE ADOPTED BY SAID CORPORATION NO LATER THAN JULY
THIRTY-FIRST, TWO THOUSAND TEN, SHALL BE DEEMED APPROVED BY THE BOARD,
A. 9997 15
BUT SHALL THEREAFTER BE SUBJECT TO THE GENERAL JURISDICTION OF THE BOARD
IN THE SAME MANNER AS ARE THE PLANS OF OTHER REGIONAL CORPORATIONS.
7. A. THE CITY OF SCHENECTADY MAY CONTINUE TO OPERATE OFF-TRACK PARI-
MUTUEL BETTING WITHIN SUCH CITY, SUBJECT TO THE JURISDICTION OF THE
STATE RACING AND WAGERING BOARD, UNTIL THE BOARD APPROVES A PLAN OF
OPERATION SUBMITTED BY THE CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING
CORPORATION AND SUCH PLAN OF OPERATION IS IMPLEMENTED; PROVIDED, HOWEV-
ER, THAT DURING ANY PERIOD THAT THE CITY OF SCHENECTADY CONTINUES TO
OPERATE OFF-TRACK PARI-MUTUEL BETTING WITHIN SUCH CITY PURSUANT TO THIS
SUBDIVISION, IT MAY ACCEPT OFF-TRACK WAGERS ON RACES AT ANY HARNESS
TRACK WITHIN THE STATE WHICH SO AGREES SUBJECT TO THE APPROVAL OF THE
STATE RACING AND WAGERING BOARD UNTIL SUCH TIME AS THE HARNESS TRACK
LOCATED WITHIN THE CAPITAL DISTRICT AND THE CITY OF SCHENECTADY MUTUALLY
AGREE OF THE PROVISION OF APPROPRIATE SPACE AND FACILITIES AT SUCH TRACK
FOR SUCH CITY AND SUCH AGREEMENT IS IMPLEMENTED. SUCH PLAN OF OPERATION
SHALL MAKE DUE PROVISION WITH RESPECT TO INVESTMENTS AND OBLIGATIONS OF
THE CITY OF SCHENECTADY MADE OR INCURRED IN THE OPERATION OF OFF-TRACK
PARI-MUTUEL BETTING. THE COUNTY OF SCHENECTADY SHALL REIMBURSE THE CITY
OF SCHENECTADY ON ACCOUNT OF LOST REVENUES FROM THE OPERATION OF
OFF-TRACK BETTING. THE AMOUNT OF REIMBURSEMENT SHALL BE CALCULATED UNDER
THE RULES OF THE BOARD TO GUARANTEE THAT THE CITY SHALL RECEIVE ANNUALLY
AN AMOUNT EQUAL TO THE NET REVENUE RECEIVED FROM OFF-TRACK BETTING FOR
THE CALENDAR YEAR NINETEEN HUNDRED SEVENTY-THREE OR A PER CENTUM OF THE
NET REVENUES RECEIVED BY SUCH COUNTY OBTAINED BY DIVIDING THE BETS ORIG-
INATING IN SUCH CITY BY THE BETS ORIGINATING IN SUCH COUNTY DURING THE
DISTRIBUTION PERIOD, WHICHEVER IS LESS. REIMBURSEMENT SHALL CONTINUE FOR
A PERIOD OF TEN YEARS AND SHALL BE MADE IN SUBSTANTIALLY EQUAL QUARTERLY
PAYMENTS.
B. UNTIL SUCH TIME AS THE CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING
CORPORATION'S PLAN OF OPERATION HAS BEEN APPROVED BY THE STATE RACING
AND WAGERING BOARD AND THE COUNTY OF SCHENECTADY HAS ENACTED ENABLING
LEGISLATION TO JOIN SUCH CORPORATIONS AND SUCH COUNTY'S PARTICIPATION
HAS BEEN IMPLEMENTED, THE CITY OF SCHENECTADY SHALL HAVE ALL THE RIGHTS,
POWERS, DUTIES AND OBLIGATIONS OF THE COUNTY OF SCHENECTADY UNDER THIS
CHAPTER, INCLUDING BUT NOT LIMITED TO THE RIGHT TO PARTICIPATE IN THE
FORMATION OF SUCH CORPORATION OR SUBSEQUENTLY TO PARTICIPATE IN THE
OPERATION THEREOF, AS THE CASE MAY BE, EXCEPT THAT THE GEOGRAPHICAL
BOUNDARIES OF SUCH CITY'S PARTICIPATION SHALL BE LIMITED TO THE CITY OF
SCHENECTADY.
C. THE STATE OF NEW YORK AND THE COUNTY OF NASSAU MAY CONTINUE TO
OPERATE OFF-TRACK PARI-MUTUEL BETTING WITHIN THE CITY OF NEW YORK AND
THE COUNTY OF NASSAU, SUBJECT TO THE JURISDICTION OF THE STATE RACING
AND WAGERING BOARD, UNTIL THE METROPOLITAN REGIONAL OFF-TRACK BETTING
CORPORATION APPROVES A PLAN OF OPERATION, TO BE ADOPTED BY THE CORPO-
RATION NO LATER THAN JULY THIRTY-FIRST, TWO THOUSAND TEN, WHICH PLAN OF
OPERATION SHALL BE IMPLEMENTED NO LATER THAN AUGUST THIRTY-FIRST, TWO
THOUSAND TEN; PROVIDED, HOWEVER, THAT DURING ANY PERIOD THAT THE NEW
YORK CITY OFF-TRACK BETTING CORPORATION AND/OR THE NASSAU OFF-TRACK
BETTING CORPORATION CONTINUES TO OPERATE OFF-TRACK PARI-MUTUEL BETTING
WITHIN SUCH CITY AND/OR COUNTY PURSUANT TO THIS SUBDIVISION, IT MAY
ACCEPT OFF-TRACK WAGERS ON RACES AT ANY HARNESS TRACK WITHIN THE STATE
FOR WHICH IT MAY ACCEPT BETS ON THE EFFECTIVE DATE HEREOF. SUCH PLAN OF
OPERATION SHALL MAKE DUE PROVISION WITH RESPECT TO INVESTMENTS AND OBLI-
GATIONS OF THE CITY OF NEW YORK AND/OR THE COUNTY OF NASSAU MADE OR
INCURRED IN THE OPERATION OF OFF-TRACK PARI-MUTUEL BETTING THROUGH THE
A. 9997 16
DATE SAID PLAN OF OPERATION FOR THE METROPOLITAN REGIONAL OFF-TRACK
BETTING CORPORATION IS IMPLEMENTED.
8. THE BOARD MAY AUTHORIZE AND APPROVE:
A. AN APPLICATION SUBMITTED BY THE NEW YORK CITY OFF-TRACK BETTING
CORPORATION TO AMEND ITS PLAN OF OPERATION, PURSUANT TO THE PROVISIONS
OF THIS SECTION, TO PROVIDE FOR THE DISPLAY IN NO MORE THAN TWO EXISTING
FACILITIES WITHIN RICHMOND COUNTY OF TELECASTS OF LIVE AUDIO AND VISUAL
SIGNALS OF HARNESS RACING FROM ANY HARNESS RACING ASSOCIATION OR CORPO-
RATION WITHIN ITS REGION; PROVIDED, HOWEVER, THAT: (I) THE ASSOCIATION
OR CORPORATION CONDUCTING SUCH RACING HAS ENTERED INTO A WRITTEN AGREE-
MENT FOR SUCH TELECASTS WITH THE NEW YORK CITY OFF-TRACK BETTING CORPO-
RATION PURSUANT TO SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS ARTICLE,
WHICH AGREEMENT SHALL TERMINATE NO LATER THAN THE THIRTIETH DAY OF JUNE,
NINETEEN HUNDRED EIGHTY-FIVE; (II) ALL EXPENSES INCURRED IN THE IMPLE-
MENTATION OF SUCH AMENDMENT TO ITS PLAN OF OPERATION FOR SUCH TELECAST-
ING SHALL BE THE RESPONSIBILITY OF THE NEW YORK CITY OFF-TRACK BETTING
CORPORATION; AND (III) THE BOARD SHALL SUBMIT REPORTS TO THE GOVERNOR
AND THE LEGISLATURE EVALUATING THE RESULTS OF SUCH EXPERIMENT ON THE
COMPATIBILITY WITH THE WELL-BEING OF THE HORSE RACING AND BREEDING
INDUSTRIES IN THIS STATE, AND ITS EFFECT ON HANDLE AND ATTENDANCE AT
OFF-TRACK FACILITIES WITHIN RICHMOND COUNTY, AND INCLUDING RECOMMENDA-
TIONS REGARDING THE FUTURE AUTHORIZATION OF THE TELECAST OF LIVE AUDIO
AND VISUAL SIGNALS INTO OFF-TRACK BETTING FACILITIES; AND
B. ONE OTHER APPLICATION SUBMITTED BY AN OFF-TRACK BETTING CORPO-
RATION, OTHER THAN THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, TO
AMEND ITS PLAN OF OPERATION, PURSUANT TO THE PROVISIONS OF THIS SECTION,
TO PROVIDE FOR THE DISPLAY IN TWO EXISTING FACILITIES WITHIN ITS REGION
OF TELECASTS OF LIVE AUDIO AND VISUAL SIGNALS OF HARNESS RACING FROM ANY
HARNESS RACING ASSOCIATION OR CORPORATION WITHIN ITS REGION; PROVIDED
HOWEVER, THAT: (I) THE ASSOCIATION OR CORPORATION CONDUCTING SUCH RACING
HAS ENTERED INTO A WRITTEN AGREEMENT FOR SUCH TELECASTS WITH SUCH
OFF-TRACK BETTING CORPORATION PURSUANT TO SECTION FIVE HUNDRED
TWENTY-SEVEN OF THIS ARTICLE, WHICH AGREEMENT SHALL TERMINATE NO LATER
THAN THE THIRTIETH DAY OF JUNE, NINETEEN HUNDRED EIGHTY-FIVE; (II) ALL
EXPENSES INCURRED IN THE IMPLEMENTATION OF SUCH AMENDMENT TO ITS PLAN OF
OPERATION FOR SUCH TELECASTING SHALL BE THE RESPONSIBILITY OF THE
OFF-TRACK BETTING CORPORATION; AND (III) THE BOARD SHALL SUBMIT REPORTS
TO THE GOVERNOR AND THE LEGISLATURE EVALUATING THE RESULTS OF SUCH
EXPERIMENT ON THE COMPATIBILITY WITH THE WELL-BEING OF THE HORSE RACING
AND BREEDING INDUSTRIES IN THIS STATE, AND AT OFF-TRACK FACILITIES WITH-
IN ITS REGION, AND INCLUDING RECOMMENDATIONS REGARDING THE FUTURE
AUTHORIZATION OF THE TELECAST OF LIVE AUDIO AND VISUAL SIGNALS INTO
OFF-TRACK BETTING FACILITIES.
C. PROVIDED, HOWEVER, THAT SUCH AUDIO AND VISUAL TELECASTS INTO
APPROVED FACILITIES SHALL COMMENCE NO EARLIER THAN SIXTY DAYS AFTER SUCH
TELECASTS HAVE BEEN APPROVED. DURING SUCH TIME, THE OFF-TRACK BETTING
CORPORATION SHALL PROVIDE TO THE BOARD DAILY DATA, TO INCLUDE BUT NOT BE
LIMITED TO, WAGERS, SEPARATELY BY TYPE OF RACING AND WAGERS, ATTENDANCE
AND PROMOTION EXPENDITURES OF SUCH FACILITIES IN SUCH MANNER AS THE
BOARD MAY REQUIRE. SUCH DATA WILL BE USED AS THE PRE-TELECAST BASE TO
EVALUATE THE IMPACT OF SUCH TELECASTS. IN ADDITION, SUCH SIMILAR DATA
AND INFORMATION SHALL ALSO BE SUPPLIED TO THE BOARD DURING THE PERIOD
THAT SUCH TELECASTS ARE AUTHORIZED. NO CHANGE IN THE TYPES OF WAGERS
OFFERED TO PATRONS MAY BE MADE WITHOUT PRIOR WRITTEN APPROVAL BY THE
BOARD OF AT LEAST THIRTY DAYS IN ADVANCE OF SUCH REQUESTED CHANGE.
A. 9997 17
S 523. GENERAL LIMITATIONS ON OFF-TRACK BETTING. THE BOARD SHALL
REQUIRE THAT ANY REGIONAL CORPORATION CONDUCT OFF-TRACK PARI-MUTUEL
BETTING IN ACCORDANCE WITH THIS SECTION.
1. THE SYSTEM OF OFF-TRACK BETTING OPERATED BY SUCH CORPORATION,
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, SHALL RESULT IN THE COMBI-
NATION OF ALL OFF-TRACK WAGERS WITH ON-TRACK WAGERS SO AS TO PRODUCE
COMMON PARI-MUTUEL BETTING POOLS FOR THE CALCULATION OF ODDS AND THE
DETERMINATION OF PAYOUTS FROM SUCH POOL, WHICH PAYOUT SHALL BE THE SAME
FOR ALL WINNING TICKETS, IRRESPECTIVE OF WHETHER A WAGER IS PLACED OFF-
TRACK OR ON-TRACK.
2. EXOTIC AND MULTIPLE BETS ON RACES RUN WITHIN THE STATE MAY BE
APPROVED BY THE BOARD WITHOUT A COMPARABLE ON-TRACK POOL, PROVIDED THAT
THE CORPORATION OR ASSOCIATION CONDUCTING SUCH RACES SHALL HAVE FILED
WITH THE BOARD A WRITTEN CONSENT FOR SUCH OFF-TRACK EXOTIC OR MULTIPLE
BETS ON RACES HELD AT ITS TRACK.
3. THE BOARD MAY APPROVE SEPARATE OFF-TRACK POOLS ON RACES RUN IN
OTHER STATES SUBJECT TO THE LIMITATIONS OF THIS SECTION AND OF SUBDIVI-
SION EIGHT OF THIS SECTION IN PARTICULAR.
4. NO REGIONAL CORPORATION AUTHORIZED TO CONDUCT OFF-TRACK BETTING BY
THE BOARD SHALL ACCEPT OFF-TRACK WAGERS ON RACES RUN AT ANY HARNESS
TRACK LOCATED WITHOUT ITS REGION WHILE A HARNESS TRACK WITHIN ITS REGION
IS CONDUCTING A RACE MEETING INVOLVING PARI-MUTUEL BETTING WITHOUT THE
APPROVAL OF THE REGIONAL OPERATING HARNESS TRACK; PROVIDED, HOWEVER,
THAT FOR THE PURPOSES OF THIS SUBDIVISION, THE SUFFOLK REGION, THE
METROPOLITAN REGION, AND THE PORTION OF THE CATSKILL REGION OUTSIDE A
SPECIAL BETTING DISTRICT SHALL BE CONSIDERED A SINGLE REGION; AND
FURTHER PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS SUBDIVISION,
THERE SHALL BE CREATED A HARNESS SPECIAL BETTING DISTRICT, CONSISTING OF
THE COUNTIES OF CAYUGA, CHENANGO, CORTLAND, FRANKLIN, HERKIMER, JEFFER-
SON, LEWIS, MADISON, ONEIDA, ONONDAGA, OSWEGO, OTSEGO, ST. LAWRENCE AND
TOMPKINS IN WHICH NO OFF-TRACK BETTING ON RACES RUN AT A HARNESS TRACK
WITHOUT SUCH SPECIAL BETTING DISTRICT SHALL BE PERMITTED WHILE A HARNESS
TRACK WITHIN SUCH SPECIAL BETTING DISTRICT IS CONDUCTING A RACE MEETING
INVOLVING PARI-MUTUEL BETTING.
4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBDIVISION FOUR OF
THIS SECTION, REGIONAL OFF-TRACK BETTING CORPORATIONS ARE HEREBY AUTHOR-
IZED AND EMPOWERED IN EACH YEAR TO ACCEPT WAGERS ON THE RACES KNOWN AS
THE "DR. HARRY M. ZWEIG MEMORIAL TROT" AND "EMPIRE COMMISSION'S CUP" (A
PACE) TO BE RUN UNDER THE AUSPICES OF THE NEW YORK STATE INDUSTRIAL
EXHIBIT AUTHORITY.
5. EXCEPT FOR RACES CONDUCTED BY A THOROUGHBRED TRACK IN THE CATSKILL
REGION DURING A MIXED MEETING, NO REGIONAL CORPORATION SHALL ACCEPT
WAGERS ON ANY THOROUGHBRED OR STEEPLECHASE RACE RUN ON ANY THOROUGHBRED
OR STEEPLECHASE TRACK LOCATED WITHOUT ITS REGION WHILE A THOROUGHBRED OR
STEEPLECHASE TRACK WITHIN ITS REGION IS CONDUCTING A RACE MEETING
INVOLVING PARI-MUTUEL BETTING WITHOUT THE APPROVAL OF THE OPERATING
REGIONAL THOROUGHBRED OR STEEPLECHASE TRACK, EXCEPT THAT THE CATSKILL
AND SUFFOLK REGIONAL CORPORATIONS MAY ACCEPT WAGERS ON ANY THOROUGHBRED
TRACK OUTSIDE ITS REGION WHILE A THOROUGHBRED TRACK WITHIN THE REGION IS
CONDUCTING SUCH A RACE MEETING PROVIDED THE REGIONAL CORPORATION ACCEPTS
WAGERS ON SUCH TRACK WITHIN THE REGION; PROVIDED, HOWEVER, THAT FOR THE
PURPOSES OF THIS SUBDIVISION, THERE SHALL BE CREATED A THOROUGHBRED
SPECIAL BETTING DISTRICT, CONSISTING OF THE COUNTIES OF ORLEANS, GENE-
SEE, WYOMING, ALLEGANY, MONROE, LIVINGSTON, STEUBEN, WAYNE, ONTARIO,
YATES, SENECA, SCHUYLER, CAYUGA, TOMPKINS, ONONDAGA AND CORTLAND, IN
WHICH NO OFF-TRACK BETTING ON RACES RUN AT A THOROUGHBRED OR STEEPLE-
A. 9997 18
CHASE TRACK WITHOUT SUCH SPECIAL DISTRICT INCLUDING SUCH A TRACK WITHIN
THE CATSKILL REGION SHALL BE PERMITTED WHILE A THOROUGHBRED OR STEEPLE-
CHASE TRACK WITHIN SUCH SPECIAL DISTRICT IS CONDUCTING A RACE MEETING
INVOLVING PARI-MUTUEL BETTING WITHOUT THE APPROVAL OF THE OPERATING
REGIONAL THOROUGHBRED OR STEEPLECHASE TRACK; PROVIDED, HOWEVER, THAT
WITHIN SUCH DISTRICT IN THE COUNTIES OF WYOMING, ALLEGANY, STEUBEN AND
SCHUYLER OFF-TRACK BETTING ON RACES RUN AT A TRACK BY A FRANCHISED
CORPORATION WITHOUT SUCH SPECIAL DISTRICT SHALL BE PERMITTED. NOTWITH-
STANDING ANY INCONSISTENT PROVISION IN THE FOREGOING, THE REGIONAL OFF-
TRACK BETTING CORPORATIONS ARE HEREBY AUTHORIZED AND EMPOWERED TO ACCEPT
ALL WAGERS ON RACES KNOWN AS THE "BELMONT STAKES", THE "TRAVERS STAKES",
THE "BREEDERS' CUP SERIES" AND THE "NEW YORK DERBY"; AND SUCH CORPO-
RATION, OUTSIDE OF A HARNESS SPECIAL BETTING DISTRICT, IS HEREBY AUTHOR-
IZED AND EMPOWERED TO ACCEPT WAGERS ON THE RACES COMPRISING THE
SEVEN-DAY MEETING KNOWN AS THE "SYRACUSE MILE".
6. A. NO REGIONAL CORPORATION MAY ACCEPT WAGERS ON RACES RUN AT A
THOROUGHBRED OR STEEPLECHASE TRACK IN ANOTHER STATE OR COUNTRY WHILE A
THOROUGHBRED OR STEEPLECHASE TRACK WITHIN THIS STATE IS CONDUCTING A
RACE MEETING INVOLVING PARI-MUTUEL BETTING; PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY INCONSISTENT PROVISION, THE BOARD MAY DESIGNATE NO
MORE THAN FIFTEEN THOROUGHBRED OR STEEPLECHASE RACES PER YEAR AS RACES
OF SPECIAL INTEREST ON WHICH OFF-TRACK PARI-MUTUEL BETTING MAY BE
ACCEPTED BY REGIONAL CORPORATIONS, PROVIDED FURTHER THAT FOR PURPOSES OF
THIS SUBDIVISION THE ACCEPTANCE OF WAGERS ON A SERIES OF RACES KNOWN AS
THE "BREEDERS' CUP" SHALL BE CONSIDERED AS A SINGLE THOROUGHBRED OR
STEEPLECHASE RACE OF SPECIAL INTEREST AND ALL SUCH RACES SHALL BE DETER-
MINED IN ACCORDANCE WITH ARTICLE NINE OF THIS CHAPTER.
B. WHEN A RACE MEETING IS NOT BEING CONDUCTED BY A FRANCHISED CORPO-
RATION AND A THOROUGHBRED RACE MEETING IS BEING CONDUCTED AT A TRACK
LOCATED WITHIN THE THOROUGHBRED SPECIAL BETTING DISTRICT, REGIONAL
CORPORATIONS AND PORTIONS OF REGIONAL CORPORATIONS OUTSIDE SUCH
DISTRICT, SHALL, IN ADDITION TO ACCEPTING WAGERS ON RACES AT SUCH TRACK,
ALSO BE PERMITTED TO ACCEPT WAGERS ON THOROUGHBRED RACES RUN IN ANOTHER
STATE. IN THE EVENT THAT WAGERS ARE ACCEPTED ON RACES RUN AT BOTH A
TRACK LOCATED IN THE THOROUGHBRED SPECIAL BETTING DISTRICT AND AT A
TRACK LOCATED IN ANOTHER STATE, THE BALANCE OF THE AMOUNT PAYABLE TO
TRACKS WITHIN THIS STATE PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF
SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS ARTICLE, BUT (I) NOT LESS THAN
ONE PER CENTUM ON REGULAR AND MULTIPLE WAGERING AND TWO PER CENTUM ON
EXOTIC WAGERS, SHALL BE PAID TO THE TRACK LOCATED WITHIN THE THOROUGH-
BRED SPECIAL BETTING DISTRICT RUNNING THOROUGHBRED RACES, AND (II) NOT
LESS THAN THREE-QUARTERS OF ONE PER CENTUM OF REGULAR AND MULTIPLE
WAGERING AND ONE AND ONE-QUARTER PER CENTUM ON EXOTIC WAGERS SHALL BE
PAID TO THE HARNESS TRACK OPERATOR CONDUCTING RACING WITHIN THE REGION
WITHIN WHICH THE WAGERS ON SUCH OUT-OF-STATE RACES ARE PLACED.
C. IF AS A RESULT OF THE AUTHORIZATION GRANTED IN PARAGRAPH B OF THIS
SUBDIVISION, THE AVERAGE DAILY DISTRIBUTION TO HARNESS TRACK OPERATORS
FROM REGIONAL OFF-TRACK BETTING CORPORATIONS AND ATTRIBUTABLE TO THE
CONDUCT OF OFF-TRACK BETTING ON THOROUGHBRED RACES RUN CONCURRENTLY BY
BOTH AN IN-STATE AND AN OUT-OF-STATE TRACK OPERATOR DURING THE PERIOD
FROM JUNE FIRST, NINETEEN HUNDRED SEVENTY-EIGHT THROUGH MAY
THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE AND EACH SUCCEEDING TWELVE
MONTH PERIOD THEREAFTER IS LESS THAN THE AVERAGE DAILY DISTRIBUTION TO
SUCH OPERATORS FROM OFF-TRACK BETTING CORPORATIONS AND ATTRIBUTABLE TO
THE CONDUCT OF RACING BY A THOROUGHBRED RACING ASSOCIATION DURING THE
BASE PERIOD OF JUNE FIRST, NINETEEN HUNDRED SEVENTY-SEVEN THROUGH MAY
A. 9997 19
THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-EIGHT, SUCH OPERATORS SHALL BE
ENTITLED TO A CREDIT AGAINST THE STATE TAX IMPOSED UPON ITS PARI-MUTUEL
REVENUES. THE TAX CREDIT FOR ANY TWELVE MONTH PERIOD SHALL BE AN AMOUNT
CALCULATED BY MULTIPLYING THE SHORTFALL IN THE AVERAGE DAILY DISTRIB-
UTION BY THE NUMBER OF DAYS IN EACH TWELVE MONTH PERIOD THAT REGIONAL
OFF-TRACK BETTING CORPORATIONS CONDUCT BETTING ON THOROUGHBRED RACES RUN
CONCURRENTLY BY BOTH AN IN-STATE AND AN OUT-OF-STATE TRACK OPERATOR.
THE BOARD SHALL SO CERTIFY TO THE STATE TAX COMMISSION THE AMOUNT OF
CREDIT APPLICABLE TO EACH HARNESS TRACK OPERATOR NO LATER THAN THIRTY
DAYS FOLLOWING THE CLOSE OF EACH TWELVE MONTH PERIOD.
7. NO REGIONAL CORPORATION MAY ACCEPT WAGERS ON RACES RUN AT A HARNESS
TRACK IN ANOTHER STATE OR COUNTRY WHILE A HARNESS TRACK WITHIN THIS
STATE IS CONDUCTING A RACE MEETING INVOLVING PARI-MUTUEL BETTING;
PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISIONS THE
BOARD MAY DESIGNATE NO MORE THAN FIFTY HARNESS RACES PER YEAR AS RACES
OF SPECIAL INTEREST ON WHICH OFF-TRACK PARI-MUTUEL BETTING MAY BE
ACCEPTED BY REGIONAL CORPORATIONS.
8. POOLS PERMITTED BY SUBDIVISIONS THREE, SIX AND SEVEN OF THIS
SECTION SHALL BE COMBINED INTO A SINGLE STATEWIDE POOL FOR THE CALCU-
LATION OF ODDS AND THE DETERMINATION OF PAYOUTS WHICH SHALL BE UNIFORM
THROUGHOUT THE STATE.
9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE ANY REGIONAL
CORPORATION HAVING A MISSED POOL AS DEFINED IN THIS SUBDIVISION SHALL
DISPOSE OF SUCH POOL AS FOLLOWS:
A. ANY MISSED POOLS OF WAGERS PLACED AT OFF-TRACK BETTING PARLORS
SUBSEQUENT TO DECEMBER THIRTY-FIRST, NINETEEN HUNDRED EIGHTY-TWO AND
PRIOR TO AUGUST FIRST, NINETEEN HUNDRED NINETY-FOUR WHICH WERE NOT USED
TO CALCULATE PAYOUTS TO WINNING BETTORS BECAUSE SUCH WAGERS FAILED TO BE
TRANSMITTED TO AND WERE NOT INCLUDED IN THE STATEWIDE PARI-MUTUEL
BETTING POOL SHALL BE RETAINED BY SUCH CORPORATION FOR ITS ORDINARY
OPERATING EXPENSES.
B. ON OR BEFORE AUGUST FIRST, NINETEEN HUNDRED NINETY-FOUR THE BOARD
SHALL PROMULGATE RULES AND REGULATIONS, WHICH DIRECT SAID REGIONAL
CORPORATIONS AND SAID MISSED POOLS TO THE IN-STATE TRACK CONDUCTING THE
RACE ON WHICH THE WAGER WAS PLACED TO BE USED FOR THE NEXT AVAILABLE
COMMON POOL.
S 527. DISPOSITION OF OFF-TRACK POOLS; STATE TAX. EACH REGIONAL CORPO-
RATION CONDUCTING OFF-TRACK BETTING SHALL DISTRIBUTE ALL SUMS DEPOSITED
IN ANY PARI-MUTUEL POOL THROUGH SUCH CORPORATION TO THE HOLDERS OF
WINNING TICKETS THEREIN, PROVIDED SUCH TICKETS BE PRESENTED FOR PAYMENT
PRIOR TO APRIL FIRST OF THE YEAR FOLLOWING THE YEAR OF THEIR PURCHASE,
LESS THE RETAINED COMMISSION DERIVED AND SET IN ACCORDANCE WITH SUBDIVI-
SION FOUR OF SECTION FIVE HUNDRED NINETEEN OF THIS ARTICLE AT THE SAME
RATE ESTABLISHED BY THE TRACK ACCEPTING WAGERS FROM EACH SUCH REGIONAL
CORPORATION.
1. THE DISPOSITION OF THE RETAINED COMMISSION, DERIVED AND SET LESS AN
AMOUNT WHICH THE REGIONAL OFF-TRACK BETTING CORPORATION SHALL RETAIN TO
COVER, THE "COST OF CORPORATION'S FUNCTIONS" AS SET FORTH IN SECTIONS
FIVE HUNDRED ONE AND SIX HUNDRED TWO OF THIS CHAPTER AND THE STATE TAX
LEVIED PURSUANT TO THIS SUBDIVISION, FROM POOLS RESULTING FROM REGULAR,
MULTIPLE OR EXOTIC BETS, AS THE CASE MAY BE, WHETHER PLACED ON RACES RUN
WITHIN A REGION OR OUTSIDE A REGION, CONDUCTED BY RACING CORPORATIONS,
HARNESS RACING ASSOCIATIONS OR CORPORATIONS, QUARTER HORSE RACING ASSO-
CIATIONS OR CORPORATIONS OR RACES RUN OUTSIDE THE STATE, SHALL BE
GOVERNED BY THE TABLES IN PARAGRAPHS A AND B OF THIS SUBDIVISION. THE
RATE DENOMINATED "STATE TAX" SHALL REPRESENT THE RATE OF A REASONABLE
A. 9997 20
TAX IMPOSED UPON THE RETAINED COMMISSION FOR THE PRIVILEGE OF CONDUCTING
OFF-TRACK PARI-MUTUEL BETTING, WHICH TAX IS HEREBY LEVIED AND SHALL BE
PAYABLE IN THE MANNER SET FORTH IN THIS SECTION. EACH OFF-TRACK BETTING
CORPORATION SHALL PAY TO THE RACING AND WAGERING BOARD AS A REGULATORY
FEE, WHICH FEE IS HEREBY LEVIED, FIFTY HUNDREDTHS OF ONE PERCENT OF THE
TOTAL DAILY POOLS OF SUCH CORPORATION. EACH CORPORATION SHALL, AFTER
DEDUCTION OF ITS "COST OF CORPORATION'S FUNCTIONS" AS SET FORTH IN
SECTIONS FIVE HUNDRED ONE AND SIX HUNDRED TWO OF THIS CHAPTER AND THE
STATE TAX LEVIED PURSUANT TO THIS SUBDIVISION, ALSO PAY TWENTY PER
CENTUM OF THE BREAKS DERIVED FROM BETS ON HARNESS RACES AND FIFTY PER
CENTUM OF THE BREAKS DERIVED FROM BETS ON ALL OTHER RACES TO THE AGRI-
CULTURE AND NEW YORK STATE HORSE BREEDING AND DEVELOPMENT FUND AND TO
THE THOROUGHBRED BREEDING AND DEVELOPMENT FUND, THE TOTAL OF SUCH
PAYMENTS TO BE APPORTIONED FIFTY PERCENTUM TO EACH SUCH FUND. FOR THE
PURPOSES OF THIS SECTION, THE METROPOLITAN, SUFFOLK, AND CATSKILL
REGIONS SHALL CONSTITUTE A SINGLE REGION AND ANY THOROUGHBRED TRACK
LOCATED WITHIN THE CAPITAL DISTRICT REGION SHALL BE DEEMED TO BE WITHIN
SUCH SINGLE REGION. A "REGIONAL MEETING" SHALL REFER TO EITHER HARNESS
OR THOROUGHBRED MEETINGS, OR BOTH, EXCEPT THAT A FRANCHISED CORPORATION
SHALL NOT BE A REGIONAL TRACK FOR THE PURPOSE OF RECEIVING DISTRIBUTIONS
FROM BETS ON THOROUGHBRED RACES CONDUCTED BY A THOROUGHBRED TRACK IN THE
CATSKILL REGION CONDUCTING A MIXED MEETING. WITH THE EXCEPTION OF A
HARNESS RACING ASSOCIATION OR CORPORATION FIRST LICENSED TO CONDUCT
PARI-MUTUEL WAGERING AT A TRACK LOCATED IN TIOGA COUNTY AFTER JANUARY
FIRST, TWO THOUSAND FIVE, RACING CORPORATIONS FIRST LICENSED TO CONDUCT
PARI-MUTUEL RACING AFTER JANUARY FIRST, NINETEEN HUNDRED EIGHTY-SIX OR A
HARNESS RACING ASSOCIATION OR CORPORATION FIRST LICENSED TO CONDUCT
PARI-MUTUEL WAGERING AT A TRACK LOCATED IN GENESEE COUNTY AFTER JANUARY
FIRST, TWO THOUSAND FIVE, AND QUARTER HORSE TRACKS SHALL NOT BE
"REGIONAL TRACKS"; IF THERE IS MORE THAN ONE HARNESS TRACK WITHIN A
REGION, SUCH TRACKS SHALL EVENLY DIVIDE PAYMENTS MADE PURSUANT TO THE
TABLES IN PARAGRAPHS A AND B OF THIS SUBDIVISION WHEN NEITHER TRACK IS
RUNNING. IN THE EVENT A TRACK ELECTS TO REDUCE ITS RETAINED PERCENTAGE
FROM ANY OR ALL OF ITS PARI-MUTUEL POOLS, THE PAYMENTS TO THE TRACK
HOLDING THE RACE AND THE REGIONAL TRACK REQUIRED BY PARAGRAPHS A AND B
OF THIS SUBDIVISION SHALL BE REDUCED IN PROPORTION TO SUCH REDUCTION.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE CONDUCT OF
OFF-TRACK BETTING CONTRARY TO THE PROVISIONS OF SECTION FIVE HUNDRED
TWENTY-THREE OF THIS ARTICLE.
A. REGULAR AND MULTIPLE BETS:
TRACK
HOLDING REGIONAL STATE
RACE TRACK TAX
POOLS ON RACES RUN BY:
FRANCHISED CORPORATIONS:
IN REGION;..................... 3.50 N/A .30
OUT-REGION, DURING A REGIONAL
MEETING;....................... 1.00 2.50 .30
OUT-REGION, NO REGIONAL
MEETING;....................... 1.75 1.75 .30
RACING CORPORATIONS
IN SPECIAL
BETTING DISTRICT:
IN-SPECIAL BETTING DISTRICT;... 3.80 N/A 1.00
A. 9997 21
OUT-DISTRICT, DURING A REGIONAL
MEETING;....................... 1.00 2.80 1.00
OUT-DISTRICT, NO REGIONAL
MEETING;....................... 1.90 1.90 1.00
HARNESS RACING ASSOCIATIONS OR
CORPORATIONS WITHIN SUFFOLK,
OR CATSKILL REGIONS:
IN REGION;..................... 4.00 N/A .70
OUT-REGION, DURING A REGIONAL
MEETING;....................... 1.00 3.00 .70
OUT-REGION, NO REGIONAL
MEETING;....................... 2.00 2.00 .70
HARNESS RACING ASSOCIATIONS OR
CORPORATIONS:
IN-SPECIAL BETTING
DISTRICT;...................... 4.00 N/A .50
OUT-DISTRICT, DURING A
REGIONAL MEETING;.............. 1.00 3.00 .50
OUT-DISTRICT, NO REGIONAL
MEETING;....................... 2.00 2.00 .50
OTHER HARNESS RACING ASSOCIATIONS
OR CORPORATIONS:
IN REGION;..................... 4.00 N/A .50
OUT-REGION, DURING A REGIONAL
MEETING;....................... 1.00 3.00 .50
OUT-REGION, NO REGIONAL
MEETING;....................... 2.00 2.00 .50
QUARTER HORSE RACING ASSOCIATIONS
OR CORPORATIONS;............... 3.50 N/A 1.10
OUT-OF-STATE TRACKS:............. 3.50 DIVIDED 1.10
PURSUANT TO
PARAGRAPH
G OF THIS
SUBDIVISION
B. EXOTIC BETS:
TRACK
HOLDING REGIONAL STATE
RACE TRACK TAX
POOLS ON RACES RUN BY:
FRANCHISED CORPORATIONS:
IN REGION;..................... 6.50 N/A 1.30
OUT-REGION, DURING A REGIONAL
MEETING;....................... 2.00 4.50 1.30
OUT-REGION, NO REGIONAL
MEETING;....................... 3.25 3.25 1.30
RACING CORPORATIONS
IN SPECIAL
BETTING DISTRICT:
IN-SPECIAL BETTING DISTRICTS;.. 6.80 N/A 3.00
OUT-DISTRICT, DURING A REGIONAL
MEETING;....................... 2.00 4.80 3.00
OUT-DISTRICT, NO REGIONAL
MEETING;....................... 3.40 3.40 3.00
A. 9997 22
HARNESS RACING ASSOCIATIONS OR
CORPORATIONS WITHIN SUFFOLK
OR CATSKILL REGIONS:
IN REGION;..................... 7.00 N/A 2.70
OUT-REGION, DURING A REGIONAL
MEETING;....................... 2.00 5.00 2.70
OUT-REGION, NO REGIONAL
MEETING;....................... 3.50 3.50 2.70
HARNESS RACING ASSOCIATIONS
OR CORPORATIONS:
IN-SPECIAL BETTING
DISTRICT;...................... 7.00 N/A 2.50
OUT-DISTRICT, DURING A
REGIONAL MEETING;.............. 2.00 5.00 2.50
OUT-DISTRICT, NO REGIONAL
MEETING;....................... 3.50 3.50 2.50
OTHER HARNESS RACING ASSOCIA-
TIONS OR CORPORATIONS:
IN REGION;..................... 7.00 N/A 2.50
OUT-REGION, DURING A
REGIONAL MEETING;.............. 2.00 5.00 2.50
OUT-REGION, NO REGIONAL
MEETING;....................... 3.50 3.50 2.50
QUARTER HORSE RACING ASSOCIA-
TIONS OR CORPORATIONS;......... 6.50 N/A 3.10
OUT-OF-STATE TRACKS:............. 6.50 DIVIDED 3.10
PURSUANT TO
PARAGRAPH
G OF THIS
SUBDIVISION
C. SUPER EXOTIC BETS:
TRACK
HOLDING REGIONAL STATE
RACE TRACK TAX
POOLS ON RACES RUN BY:
FRANCHISED CORPORATIONS:
IN REGION;..................... 12.00 N/A 3.50
OUT-REGION, DURING A REGIONAL
MEETING;....................... 3.00 10.00 2.50
OUT-REGION, NO REGIONAL
MEETING;....................... 6.00 6.00 3.50
RACING CORPORATIONS
IN SPECIAL
BETTING DISTRICT:
IN-SPECIAL BETTING DISTRICTS;.. 12.00 N/A 3.50
OUT-DISTRICT, DURING A REGIONAL
MEETING;....................... 3.00 10.00 2.50
OUT-DISTRICT, NO REGIONAL
MEETING;....................... 6.00 6.00 3.50
HARNESS RACING ASSOCIATIONS OR
CORPORATIONS WITHIN SUFFOLK
OR CATSKILL REGIONS:
IN-REGION;..................... 12.00 N/A 3.50
OUT-REGION, DURING A REGIONAL
A. 9997 23
MEETING;....................... 3.00 10.00 2.50
OUT-REGION, NO REGIONAL
MEETING;....................... 6.00 6.00 3.50
HARNESS RACING ASSOCIATIONS
OR CORPORATIONS:
IN-SPECIAL BETTING
DISTRICT;...................... 12.00 N/A 3.50
OUT-DISTRICT, DURING A
REGIONAL MEETING;.............. 3.00 10.00 2.50
OUT-DISTRICT, NO REGIONAL
MEETING;....................... 6.00 6.00 3.50
OTHER HARNESS RACING ASSOCIATIONS
OR CORPORATIONS:
IN-REGION;..................... 12.00 N/A 3.50
OUT-REGION, DURING A
REGIONAL MEETING;.............. 3.00 10.00 2.50
OUT-REGION, NO REGIONAL
MEETING;....................... 6.00 6.00 3.50
D. FOR THE PORTION OF THE WESTERN REGION INCLUDED WITHIN A THOROUGH-
BRED SPECIAL BETTING DISTRICT AND NOT WITHIN A HARNESS SPECIAL BETTING
DISTRICT, WHEN NO THOROUGHBRED RACE MEETING IS CONDUCTED BY A RACING
CORPORATION LOCATED WITHIN SUCH THOROUGHBRED SPECIAL DISTRICT, THE
DISTRIBUTION OF THE RETAINED COMMISSION TO "REGIONAL TRACKS" BY SUCH
REGIONAL CORPORATION DERIVED FROM WAGERS PLACED WITHIN SUCH SPECIAL
BETTING DISTRICT SHALL BE DIVIDED AS FOLLOWS:
(I) WHEN A HARNESS CORPORATION LOCATED IN SUCH DISTRICT IS CONDUCTING
A MEET THE FULL AMOUNT TO SUCH HARNESS CORPORATION; AND WHEN A HARNESS
CORPORATION IN THE REGION BUT NOT LOCATED IN SUCH DISTRICT IS CONDUCTING
A MEET, FORTY PERCENT TO THE THOROUGHBRED RACING CORPORATION AND SIXTY
PERCENT TO THE HARNESS CORPORATION CONDUCTING A MEET;
(II) WHEN NO RACING IS BEING CONDUCTED, FORTY PER CENTUM TO THE
THOROUGHBRED RACING CORPORATION AND THE BALANCE DIVIDED EQUALLY BETWEEN
THE HARNESS RACING CORPORATIONS LOCATED IN SUCH REGION; AND
(III) WHEN NO RACING IS BEING CONDUCTED AND NO MORE THAN ONE HARNESS
RACING ASSOCIATION IS LICENSED DURING THE CALENDAR YEAR TO CONDUCT A
RACE MEETING, FIFTY PER CENTUM TO THE THOROUGHBRED RACING CORPORATION
AND FIFTY PER CENTUM TO THE HARNESS RACING ASSOCIATION LOCATED IN SUCH
REGION.
E. FOR THE PORTIONS OF THE CAPITAL DISTRICT, CATSKILL, CENTRAL AND
WESTERN REGIONS INCLUDED WITHIN A HARNESS RACING SPECIAL BETTING
DISTRICT, EXCEPT THOSE PORTIONS DESCRIBED IN PARAGRAPH E OF THIS SUBDI-
VISION, THE HARNESS TRACK LOCATED IN SUCH SPECIAL DISTRICT SHALL BE THE
"REGIONAL TRACK" FOR THE PURPOSES OF THE DISTRIBUTIONS MADE PURSUANT TO
PARAGRAPHS A AND B OF THIS SUBDIVISION.
F. FOR THE PORTIONS OF THE CATSKILL, CENTRAL AND WESTERN REGIONS
INCLUDED IN BOTH A THOROUGHBRED SPECIAL BETTING DISTRICT AND A HARNESS
SPECIAL BETTING DISTRICT, THE DISTRIBUTION OF THE RETAINED COMMISSION TO
"REGIONAL TRACKS" BY SUCH REGIONAL CORPORATIONS DERIVED FROM WAGERS
PLACED WITHIN SUCH PORTIONS OF SUCH REGIONS SHALL BE DIVIDED AS FOLLOWS:
(I) WHEN A HARNESS CORPORATION LOCATED IN THE HARNESS SPECIAL BETTING
DISTRICT IS CONDUCTING A MEET AND NO THOROUGHBRED RACE MEETING IS BEING
CONDUCTED BY A RACING CORPORATION LOCATED IN THE THOROUGHBRED SPECIAL
BETTING DISTRICT, THE FULL AMOUNT TO SUCH HARNESS ASSOCIATION;
(II) WHEN A THOROUGHBRED CORPORATION LOCATED IN THE THOROUGHBRED
SPECIAL BETTING DISTRICT IS CONDUCTING A MEET AND NO HARNESS RACE MEET-
A. 9997 24
ING IS BEING CONDUCTED BY A HARNESS ASSOCIATION LOCATED IN THE HARNESS
SPECIAL BETTING DISTRICT, THE FULL AMOUNT TO SUCH THOROUGHBRED CORPO-
RATION;
(III) WHEN NO RACING IS BEING CONDUCTED THE AMOUNT TO BE DIVIDED EVEN-
LY BETWEEN THE THOROUGHBRED TRACK LOCATED IN SUCH THOROUGHBRED SPECIAL
BETTING DISTRICT AND THE HARNESS TRACK LOCATED IN SUCH HARNESS SPECIAL
BETTING DISTRICT.
G. WITH RESPECT TO THE AMOUNTS PAYABLE TO TRACK OPERATORS FROM THE
RETAINED COMMISSION ON POOLS RESULTING FROM THOROUGHBRED OR HARNESS
RACES OUTSIDE THIS STATE, THE REGIONAL CORPORATION SHALL FIRST PAY ANY
CONTRACTUAL OBLIGATION OWNED TO THE OUT-OF-STATE TRACK OPERATOR, OR TO
ANOTHER STATE OR ENTITY THEREOF, AS THE CASE MAY BE. THE BALANCE OF SUCH
AMOUNTS SHALL BE DIVIDED AS FOLLOWS:
(I) FOR THE BETTING REGION COMPOSED OF THE METROPOLITAN AND SUFFOLK
REGIONS AND THE PORTION OF THE CATSKILL REGION OUTSIDE A SPECIAL BETTING
DISTRICT: WHEN BOTH HARNESS AND THOROUGHBRED MEETS ARE IN PROGRESS IN
SUCH BETTING REGION, THE BALANCE TO THE ASSOCIATION OR CORPORATION HOLD-
ING THE SAME TYPE OF MEET AS THE OUT-OF-STATE RACE; WHEN ONLY A HARNESS
MEET IS IN PROGRESS IN SUCH BETTING REGION, THE BALANCE TO THE HARNESS
TRACK OPERATOR; WHEN ONLY A THOROUGHBRED MEET IS IN PROGRESS IN SUCH
BETTING REGION, THE BALANCE TO THE THOROUGHBRED TRACK OPERATOR; WHEN NO
MEET IS IN PROGRESS, FIFTY PER CENTUM OF THE BALANCE TO THE FRANCHISED
CORPORATION AND THE REMAINDER DIVIDED AMONG HARNESS RACING CORPORATIONS
OR ASSOCIATIONS WITHIN SUCH BETTING REGION;
(II) FOR THE CAPITAL DISTRICT REGION AND THE PORTION OF THE WESTERN
REGION OUTSIDE A SPECIAL BETTING DISTRICT: WHEN A HARNESS MEET IS IN
PROGRESS IN SUCH REGION AND A THOROUGHBRED MEET IS IN PROGRESS OUTSIDE A
SPECIAL BETTING DISTRICT, THE BALANCE TO WHICHEVER OPERATOR IS CONDUCT-
ING THE SAME TYPE OF MEET AS THE OUT-OF-STATE RACE; WHEN NO HARNESS MEET
IS IN PROGRESS, THE BALANCE TO THE RACING ASSOCIATION OUTSIDE A SPECIAL
BETTING DISTRICT; AND WHEN NO MEET IS IN PROGRESS WITHIN SUCH REGION AND
NO THOROUGHBRED MEET IS IN PROGRESS OUTSIDE A SPECIAL BETTING DISTRICT,
FIFTY PER CENTUM OF THE BALANCE TO THE RACING ASSOCIATION OUTSIDE A
SPECIAL BETTING DISTRICT AND THE REMAINDER TO THE LICENSED HARNESS
RACING CORPORATIONS OR ASSOCIATIONS WITHIN SUCH REGION;
(III) FOR THE PORTION OF THE WESTERN REGION WITHIN A THOROUGHBRED
SPECIAL BETTING DISTRICT BUT NOT WITHIN A HARNESS SPECIAL BETTING
DISTRICT: WHEN A HARNESS MEET AND A THOROUGHBRED MEET ARE IN PROGRESS
WITHIN SUCH REGION AND THE DISTRICT, THE BALANCE TO THE ASSOCIATION OR
CORPORATION CONDUCTING THE SAME TYPE OF MEET AS THE OUT-OF-STATE OR
OUT-OF-REGION RACE; WHEN A HARNESS MEET IS IN PROGRESS IN SUCH REGION
BUT NO THOROUGHBRED MEET IS IN PROGRESS IN THE SPECIAL BETTING DISTRICT,
THE BALANCE TO THE HARNESS TRACK OPERATOR WITHIN SUCH REGION; WHEN ONLY
A THOROUGHBRED MEET IS IN PROGRESS IN SUCH BETTING REGION, THE BALANCE
TO THE THOROUGHBRED TRACK OPERATOR; AND WHEN NO MEET IS IN PROGRESS
WITHIN SUCH REGION THE BALANCE IS DIVIDED FORTY PER CENTUM TO THE
THOROUGHBRED RACING CORPORATION WITHIN THE DISTRICT AND THE REMAINDER
DIVIDED BETWEEN THE HARNESS RACING ASSOCIATIONS OR CORPORATIONS WITHIN
THE REGION PROVIDED, HOWEVER, THAT IF NO MORE THAN ONE HARNESS RACING
ASSOCIATION OR CORPORATION IS LICENSED TO CONDUCT A RACE MEETING, FIFTY
PER CENTUM TO THE THOROUGHBRED RACING CORPORATION WITHIN THE DISTRICT
AND FIFTY PER CENTUM TO THE LICENSED HARNESS RACING ASSOCIATION WITHIN
THE REGION;
(IV) FOR THE PORTIONS OF THE CAPITAL DISTRICT, CATSKILL, CENTRAL AND
WESTERN REGIONS INCLUDED IN A HARNESS SPECIAL BETTING DISTRICT: WHEN A
HARNESS MEETING IS IN PROGRESS IN SUCH HARNESS SPECIAL BETTING DISTRICT
A. 9997 25
AND A THOROUGHBRED MEETING IS IN PROGRESS OUTSIDE THE THOROUGHBRED
SPECIAL BETTING DISTRICT, THE BALANCE TO THE ASSOCIATION OR CORPORATION
HOLDING THE SAME KIND OF RACE; WHEN NO HARNESS MEET IS IN PROGRESS, THE
BALANCE TO THE RACING CORPORATION HOLDING A THOROUGHBRED RACE MEETING
OUTSIDE THE THOROUGHBRED SPECIAL BETTING DISTRICT; WHEN A HARNESS MEET-
ING IS IN PROGRESS IN THE HARNESS SPECIAL BETTING DISTRICT AND NO
THOROUGHBRED MEETING IS IN PROGRESS OUTSIDE THE THOROUGHBRED SPECIAL
BETTING DISTRICT, THE BALANCE TO THE HARNESS TRACK OPERATING IN SUCH
HARNESS SPECIAL BETTING DISTRICT; WHEN NO HARNESS MEET IS BEING HELD
WITHIN SUCH HARNESS SPECIAL BETTING DISTRICT AND NO THOROUGHBRED MEET IS
BEING HELD OUTSIDE THE THOROUGHBRED SPECIAL BETTING DISTRICT, FIFTY PER
CENTUM OF SUCH AMOUNT TO THE HARNESS RACING CORPORATION IN SUCH HARNESS
SPECIAL BETTING DISTRICT AND FIFTY PER CENTUM TO THE THOROUGHBRED TRACK
OPERATOR OUTSIDE THE THOROUGHBRED SPECIAL BETTING DISTRICT;
(V) FOR THE PORTIONS OF THE CATSKILL AND WESTERN REGIONS INCLUDED IN
BOTH A THOROUGHBRED SPECIAL BETTING DISTRICT AND A HARNESS SPECIAL
BETTING DISTRICT: WHEN A HARNESS MEET AND A THOROUGHBRED MEET ARE IN
PROGRESS WITHIN BOTH SUCH DISTRICTS THE BALANCE TO THE ASSOCIATION OR
CORPORATION CONDUCTING THE SAME TYPE OF MEET AS THE OUT-OF-STATE RACE;
WHEN A HARNESS MEET IS IN PROGRESS BUT NO THOROUGHBRED MEET THE BALANCE
TO THE HARNESS TRACK OPERATOR WITHIN SUCH DISTRICT; WHEN A THOROUGHBRED
MEET IS IN PROGRESS BUT NO HARNESS MEET THE BALANCE TO THE THOROUGHBRED
TRACK OPERATOR IN THE DISTRICT; AND WHEN NO MEET IS IN PROGRESS THE
BALANCE TO BE DIVIDED EVENLY BETWEEN THE HARNESS TRACK OPERATOR IN THE
HARNESS SPECIAL BETTING DISTRICT AND THE THOROUGHBRED OPERATOR LOCATED
WITHIN THE THOROUGHBRED SPECIAL BETTING DISTRICT;
(VI) NOTWITHSTANDING ANY CONTRARY PROVISION CONTAINED IN THIS SECTION,
THE PORTION OF RETAINED COMMISSIONS FROM OFF-TRACK POOLS DISTRIBUTABLE
TO THE TRACK HOLDING THE RACE SHALL BE FOR REGULAR AND MULTIPLE BETS:
FIVE AND THREE-QUARTERS PER CENTUM AND FOR EXOTIC BETS: SEVEN AND
THREE-QUARTERS PER CENTUM FOR THE THREE RACES COMMONLY REFERRED TO AS
THE TRIPLE CROWN CONSISTING OF THE KENTUCKY DERBY, THE PREAKNESS AND THE
BELMONT STAKES, RUN RESPECTIVELY AT CHURCHILL DOWNS, KENTUCKY, AT PIMLI-
CO, MARYLAND AND AT BELMONT PARK, NEW YORK; ADDITIONALLY THE SAME
COMMISSIONS SHALL APPLY TO THE SERIES OF RACES KNOWN AS THE BREEDERS'
CUP AND THE PORTION DISTRIBUTABLE FROM RETAINED COMMISSIONS SHALL BE
PAID TO THE BREEDERS' CUP, LTD. IRRESPECTIVE OF WHETHER THE RACES ARE
HELD AT A TRACK WITHIN OR WITHOUT THE STATE; PROVIDED, HOWEVER, THAT AS
A CONDITION PRECEDENT TO THE OBLIGATION OF A REGIONAL CORPORATION TO
MAKE THE FOREGOING DISTRIBUTIONS AS REQUIRED IN THIS SUBPARAGRAPH WITH
RESPECT TO WAGERS ON THE BELMONT STAKES, SUCH REGIONAL CORPORATION SHALL
HAVE ACCEPTED WAGERS ON AT LEAST ONE OR BOTH OF THE IMMEDIATELY PRECED-
ING KENTUCKY DERBY AND PREAKNESS RACES; AND PROVIDED FURTHER THAT THE
DISTRIBUTABLE PORTION OF SUCH RETAINED COMMISSIONS WITH RESPECT TO THE
BELMONT STAKES SHALL BE DEEMED TO INCLUDE THE ADDITIONAL AMOUNTS PAYABLE
PURSUANT TO THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION; AND PROVIDED FURTHER, NOTWITHSTANDING THE FOREGOING PROVISIONS
OF THIS SUBPARAGRAPH, THAT OF THE RETAINED COMMISSIONS RESULTING FROM
OFF-TRACK WAGERS PLACED IN A SPECIAL BETTING DISTRICT ON THE BELMONT
STAKES, THE TRACK HOLDING THE RACE SHALL RECEIVE ONE PER CENTUM FROM
REGULAR AND MULTIPLE BETS AND TWO PER CENTUM FROM EXOTIC BETS, AND THE
THOROUGHBRED TRACK CONDUCTING RACING WITHIN SUCH DISTRICT SHALL RECEIVE
FOUR AND THREE-QUARTERS PER CENTUM FROM REGULAR AND MULTIPLE BETS, AND
FIVE AND THREE-QUARTERS PER CENTUM FROM EXOTIC BETS.
2. PAYMENT OF THE STATE TAX IMPOSED BY THIS SECTION SHALL BE MADE TO
THE COMMISSIONER BY EACH SUCH REGIONAL CORPORATION ON THE LAST BUSINESS
A. 9997 26
DAY OF EACH MONTH AND SHALL COVER TAXES DUE FOR THE PERIOD FROM THE
SIXTEENTH DAY OF THE PRECEDING MONTH THROUGH THE FIFTEENTH DAY OF THE
CURRENT MONTH PROVIDED, HOWEVER, THAT SUCH PAYMENTS REQUIRED TO BE MADE
ON MARCH THIRTY-FIRST SHALL INCLUDE ALL TAXES DUE AND ACCRUING THROUGH
THE LAST FULL WEEK OF RACING IN MARCH OF THE CURRENT YEAR OR AS OTHER-
WISE DETERMINED BY THE COMMISSIONER AND SHALL BE ACCOMPANIED BY A REPORT
UNDER OATH, SHOWING SUCH INFORMATION AS IT MAY REQUIRE. A PENALTY OF
FIVE PERCENT, AND INTEREST AT THE RATE OF ONE PERCENT PER MONTH FROM THE
DATE THE REPORT IS REQUIRED TO BE FILED TO THE DATE OF THE PAYMENT OF
THE TAX, SHALL BE PAYABLE IN CASE ANY TAX IMPOSED BY THIS SECTION IS NOT
PAID WHEN DUE. IF THE COMMISSIONER DETERMINES THAT ANY MONEYS RECEIVED
BY THE COMMISSIONER UNDER THIS SECTION WERE PAID IN ERROR, THE COMMIS-
SIONER MAY CAUSE THE SAME TO BE REFUNDED WITHOUT INTEREST OUT OF ANY
MONEYS COLLECTED THEREUNDER, PROVIDED AN APPLICATION THEREFOR IS FILED
WITH THE COMMISSIONER WITHIN ONE YEAR FROM THE TIME THE ERRONEOUS
PAYMENT IS MADE. SUCH TAXES, INTEREST AND PENALTIES WHEN COLLECTED,
AFTER THE DEDUCTION OF REFUNDS OF TAXES ERRONEOUSLY PAID, SHALL BE PAID
BY THE COMMISSIONER INTO THE GENERAL FUND OF THE STATE TREASURY.
3. A. OF THE PORTION OF RETAINED COMMISSION ON OFF-TRACK POOLS
DISTRIBUTED TO RACING CORPORATIONS, ONE-HALF SHALL BE USED EXCLUSIVELY
FOR THE PURPOSE OF INCREASING PURSES, INCLUDING STAKES, PREMIUMS AND
PRIZES, AWARDED TO HORSES IN RACES CONDUCTED BY SUCH ASSOCIATIONS OR
CORPORATIONS AND ANY PORTION OF SAID FRACTION NOT SO USED DURING ANY
YEAR SHALL BE USED DURING THE FOLLOWING YEAR, FAILING WHICH IT SHALL BE
RETURNED TO THE REGIONAL OFF-TRACK BETTING CORPORATIONS ON OR BEFORE
APRIL FIRST IN THE YEAR FOLLOWING THE YEAR IN WHICH IT IS NOT SO USED TO
BE DISTRIBUTED PRIOR TO JUNE FIRST TO PARTICIPATING LOCAL GOVERNMENTS IN
THE SAME PROPORTIONS AS THE DISTRIBUTIONS TO SUCH GOVERNMENTS IN THE
PRIOR CALENDAR YEAR, PROVIDED, HOWEVER, IN A HARNESS SPECIAL BETTING
DISTRICT THE PORTION OF RETAINED COMMISSIONS TO BE USED FOR PURSES OR
THE METHODOLOGY FOR CALCULATING THE AMOUNT TO BE USED FOR PURSES MAY BE
SPECIFIED IN A WRITTEN CONTRACT BETWEEN A HARNESS RACING ASSOCIATION OR
CORPORATION AND ITS REPRESENTATIVE HORSEMEN'S ASSOCIATION.
B. IN ADDITION TO ANY OTHER AMOUNT REQUIRED BY THIS SECTION, BUT
SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN SUBDIVI-
SION ONE OF THIS SECTION, OF THE PORTION OF COMMISSIONS RETAINED BY A
REGIONAL CORPORATION, AN AMOUNT EQUAL TO ONE AND ONE-QUARTER PER CENTUM
OF REGULAR AND MULTIPLE POOLS AND THREE-QUARTERS OF ONE PER CENTUM OF
EXOTIC POOLS DERIVED FROM WAGERS ON RACES CONDUCTED BY A NONPROFIT
RACING ASSOCIATION SHALL BE PAID TO SUCH NONPROFIT RACING ASSOCIATION TO
BE USED EXCLUSIVELY FOR THE PURPOSE OF INCREASING PURSES, INCLUDING
STAKES, PREMIUMS AND PRIZES. PROVIDED, HOWEVER, FOR THE PERIOD JULY
TWENTY-FIFTH, TWO THOUSAND ONE THROUGH JUNE THIRTIETH, TWO THOUSAND
FOUR, IF A REGIONAL CORPORATION FOR THE NEW YORK CITY, NASSAU, SUFFOLK
OR CATSKILL REGION SHALL PAY, OF THE PORTION OF THE COMMISSIONS RETAINED
BY SUCH REGIONAL CORPORATION ON ALL POOLS, AN AMOUNT EQUAL TO SIX AND
FIFTY HUNDREDTHS PER CENTUM TO SUCH NONPROFIT RACING ASSOCIATION OF
WHICH THREE AND EIGHTY HUNDREDTHS PER CENTUM SHALL BE USED EXCLUSIVELY
FOR THE PURPOSE OF INCREASING PURSES, INCLUDING STAKES, PREMIUMS AND
PRIZES. PROVIDED, FURTHER THAT FOR THE PERIOD JULY TWENTY-FIFTH, TWO
THOUSAND ONE THROUGH JUNE THIRTIETH, TWO THOUSAND FOUR A REGIONAL CORPO-
RATION FOR THE CAPITAL OR WESTERN REGION SHALL PAY TO SUCH NONPROFIT
RACING ASSOCIATION OF THE PORTION OF THE COMMISSIONS RETAINED BY SUCH
REGIONAL CORPORATION ON ALL POOLS WHEN THERE IS A REGIONAL MEETING, AN
AMOUNT EQUAL TO THREE AND EIGHTY-FIVE HUNDREDTHS OF WHICH TWO AND FIFTY
HUNDREDTHS SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF INCREASING PURS-
A. 9997 27
ES, INCLUDING STAKES, PREMIUMS AND PRIZES. AN ADDITIONAL TWO AND SIXTY-
FIVE HUNDREDTHS SHALL BE PAID TO THE REGIONAL HARNESS TRACK. WHEN THERE
IS NO REGIONAL MEETING, AN AMOUNT EQUAL TO FOUR AND SIXTY-FIVE
HUNDREDTHS SHALL BE PAID TO SUCH NONPROFIT RACING ASSOCIATION OF WHICH
TWO AND NINETY HUNDREDTHS SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF
INCREASING PURSES, INCLUDING STAKES, PREMIUMS AND PRIZES. AN ADDITIONAL
ONE AND EIGHTY-FIVE HUNDREDTHS SHALL BE PAID TO THE REGIONAL HARNESS
TRACK. ANY PORTION OF SAID AMOUNT NOT SO USED DURING ANY YEAR SHALL BE
USED DURING THE FOLLOWING YEAR, FAILING WHICH IT SHALL BE RETURNED TO
THE REGIONAL CORPORATION ON OR BEFORE APRIL FIRST IN THE YEAR FOLLOWING
THE YEAR IN WHICH IT IS NOT SO USED TO BE DISTRIBUTED TO THE STATE
AND/OR THE PARTICIPATING LOCAL GOVERNMENTS, AS THE CASE MAY BE.
C. IN ADDITION TO ANY OTHER AMOUNT REQUIRED BY THIS SECTION, BUT
SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN SUBDIVI-
SION ONE OF THIS SECTION, OF THE PORTION OF COMMISSIONS RETAINED BY A
REGIONAL CORPORATION, AN AMOUNT EQUAL TO ONE AND ONE-TENTH PER CENTUM OF
REGULAR AND MULTIPLE POOLS AND SIX-TENTHS OF ONE PER CENTUM OF EXOTIC
POOLS DERIVED FROM WAGERS ON RACES CONDUCTED BY A THOROUGHBRED RACING
CORPORATION, LICENSED BY THE BOARD, OTHER THAN A FRANCHISED CORPORATION,
SHALL BE PAID TO SUCH THOROUGHBRED RACING CORPORATION TO BE USED EXCLU-
SIVELY FOR THE PURPOSE OF INCREASING PURSES, INCLUDING STAKES, PREMIUMS
AND PRIZES. ANY PORTION OF SAID AMOUNT NOT SO USED DURING ANY YEAR SHALL
BE USED DURING THE FOLLOWING YEAR, FAILING WHICH IT SHALL BE RETURNED TO
THE REGIONAL CORPORATION ON OR BEFORE APRIL FIRST IN THE YEAR FOLLOWING
THE YEAR IN WHICH IT IS NOT SO USED TO BE DISTRIBUTED TO THE STATE
AND/OR THE PARTICIPATING LOCAL GOVERNMENTS, AS THE CASE MAY BE.
4. A. OF THE PORTION OF RETAINED COMMISSION ON OFF-TRACK POOLS
DISTRIBUTED TO HARNESS RACING ASSOCIATIONS OR CORPORATIONS AUTHORIZED TO
CONDUCT RACING IN WESTCHESTER OR NASSAU COUNTY, ONE-HALF SHALL BE USED
EXCLUSIVELY FOR THE PURPOSE OF INCREASING PURSES, INCLUDING STAKES,
PREMIUMS AND PRIZES AWARDED TO HORSES IN RACES CONDUCTED BY SUCH ASSOCI-
ATIONS OR CORPORATIONS.
B. THE PORTION OF RETAINED COMMISSION ON OFF-TRACK POOLS DISTRIBUTED
TO OTHER HARNESS OR QUARTER HORSE RACING ASSOCIATIONS OR CORPORATIONS
SHALL BE DEEMED TO BE PART OF THE ON-TRACK COMMISSION FOR PURPOSES OF
CALCULATING PURSES, INCLUDING STAKES, PREMIUMS AND PRIZES, AWARDED TO
HORSES IN RACES CONDUCTED BY SUCH ASSOCIATIONS OR CORPORATIONS.
5. A. SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, ONE PER CENTUM OF DAILY POOLS DERIVED
FROM BETS ON HARNESS RACES SHALL BE PAID TO THE AGRICULTURE AND NEW YORK
STATE BREEDING AND DEVELOPMENT FUND EXCEPT THAT FOR SUPER EXOTIC BETTING
POOLS SUCH AMOUNT SHALL BE THREE PER CENTUM OF SUCH BETS.
B. SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, AN AMOUNT EQUAL TO ONE-HALF OF ONE PER
CENTUM OF TOTAL DAILY OFF-TRACK PARI-MUTUEL POOLS RESULTING FROM REGU-
LAR, MULTIPLE AND EXOTIC BETS AND THREE PER CENTUM OF SUPER EXOTIC BETS
ON THOROUGHBRED OR STEEPLECHASE RACES SHALL BE PAID TO THE NEW YORK
STATE THOROUGHBRED BREEDING AND DEVELOPMENT FUND.
C. SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, FROM THE TOTAL BREAKS RETAINED BY A
REGIONAL CORPORATION, AN AMOUNT EQUAL TO TEN PER CENTUM OF THE BREAKS
DERIVED FROM BETS ON QUARTER HORSE RACES SHALL BE PAID TO THE NEW YORK
STATE QUARTER HORSE BREEDING AND DEVELOPMENT FUND.
5-A. SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A REGIONAL CORPORATION SHALL RETAIN, IN ADDITION TO THOSE
A. 9997 28
AMOUNTS DESCRIBED IN THE OPENING PARAGRAPH OF THIS SECTION, FROM REGULAR
AND MULTIPLE BETS ON RACES RUN AT TRACKS ELECTING TO WITHHOLD PURSUANT
TO SECTION TWO HUNDRED THIRTY-SEVEN OR SECTION THREE HUNDRED NINETEEN OF
THIS CHAPTER, AN AMOUNT EQUAL TO ONE PER CENTUM OF POOLS RESULTING FROM
TOTAL WAGERING AT SUCH TRACKS, ONE-HALF OF WHICH SHALL BE PAID TO SUCH
TRACKS OR NON-PROFIT COUNTY AGRICULTURAL SOCIETY, EXCEPT THAT THE FULL
ONE PER CENTUM SHALL BE PAID TO SUCH TRACK IN THE CATSKILL REGION
CONDUCTING A MIXED MEETING, TO BE USED EXCLUSIVELY FOR CAPITAL IMPROVE-
MENTS PURSUANT TO SECTIONS TWO HUNDRED THIRTY-SEVEN AND THREE HUNDRED
NINETEEN OF THIS CHAPTER AND SUBJECT TO THE RULES AND REGULATIONS OF THE
RACING AND WAGERING BOARD AND ONE-HALF TO BE RETAINED BY THE REGIONAL
CORPORATION FOR ITS OWN CORPORATE PURPOSES.
6. THE NET AMOUNT REMAINING TO EACH REGIONAL CORPORATION AFTER PAYMENT
OF TAXES AND DISTRIBUTIONS PURSUANT TO THIS SECTION AND AFTER PAYMENT OF
OPERATING EXPENSES AND PRINCIPAL AND INTEREST ON ANY OBLIGATIONS SHALL,
IN THE CASE OF THE METROPOLITAN OFF-TRACK BETTING CORPORATION, BE
RETAINED BY THE CORPORATION, AND IN THE CASE OF OTHER REGIONAL CORPO-
RATIONS SHALL ACCRUE AND BE PAYABLE TO PARTICIPATING COUNTIES PURSUANT
TO SECTION FIVE HUNDRED SIXTEEN OF THIS CHAPTER; PROVIDED, HOWEVER, THAT
THE METROPOLITAN OFF-TRACK BETTING CORPORATION, AFTER PAYMENT OF ALL
CURRENT TAXES AND DISTRIBUTIONS SHALL USE SUCH NET AMOUNT TO PAY ALL
LIABILITIES OF SUCH CORPORATION AS OF THE EFFECTIVE DATE OF THIS
SECTION, AND AT SUCH TIME AS ALL LIABILITIES HAVE BEEN PAID SUCH CORPO-
RATION SHALL PAY REMAINING AMOUNTS TO THE COMPTROLLER OF THE STATE OF
NEW YORK FOR DEPOSIT IN THE GENERAL FUND OF THE STATE FOR DISTRIBUTION
TO THE STATE TREASURY AND THE COUNTY OF NASSAU ON THE BASIS OF THE
PROPORTION OF THE TOTAL OFF-TRACK PARI-MUTUEL WAGERING ACCEPTED BY THE
CORPORATION DURING THE PREVIOUS CALENDAR QUARTER THAT ORIGINATED IN THE
BRANCH OFFICES LOCATED IN NEW YORK CITY AND NASSAU COUNTY, RESPECTIVELY.
7. IN ADDITION TO ANY OTHER AMOUNT REQUIRED BY THIS SECTION, OF THE
PORTION OF COMMISSIONS RETAINED BY A REGIONAL CORPORATION, AN AMOUNT
EQUAL TO ONE PER CENTUM OF MULTIPLE POOLS DERIVED FROM WAGERS ON RACES
CONDUCTED BY A THOROUGHBRED RACING CORPORATION, LICENSED BY THE BOARD,
OTHER THAN A FRANCHISED CORPORATION, SHALL BE PAID TO SUCH THOROUGHBRED
RACING CORPORATION AND HELD BY SUCH CORPORATION FOR ITS OWN USE AND
PURPOSES, EXCEPT THAT AN AMOUNT EQUAL TO ONE-HALF PER CENTUM SHALL BE
USED EXCLUSIVELY FOR THE PURPOSE OF INCREASING PURSES, INCLUDING STAKES,
PREMIUMS AND PRIZES, AWARDED TO HORSES IN RACES CONDUCTED BY SUCH CORPO-
RATION. ANY PORTION OF SAID AMOUNT NOT SO USED DURING ANY YEAR SHALL BE
USED DURING THE FOLLOWING YEAR, FAILING WHICH IT SHALL BE RETURNED TO
THE REGIONAL CORPORATION ON OR BEFORE APRIL FIRST IN THE YEAR FOLLOWING
THE YEAR IN WHICH IT IS NOT SO USED TO BE DISTRIBUTED TO THE PARTICIPAT-
ING LOCAL GOVERNMENTS.
8. SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, FROM THE NINETEEN PER CENTUM OF THE
TOTAL DEPOSITS IN POOLS RESULTING FROM MULTIPLE BETS ON THOROUGHBRED
RACES OUTSIDE THIS STATE, TWO PER CENTUM SHALL BE PAID TO A FRANCHISED
CORPORATION TO BE USED EXCLUSIVELY FOR THE PURPOSE OF INCREASING PURSES,
INCLUDING STAKES, PREMIUMS AND PRIZES. ANY PORTION OF SAID AMOUNT NOT SO
USED DURING ANY YEAR SHALL BE USED DURING THE FOLLOWING YEAR, FAILING
WHICH IT SHALL BE RETURNED TO THE REGIONAL CORPORATION ON OR BEFORE
APRIL FIRST IN THE YEAR FOLLOWING THE YEAR IN WHICH IT IS NOT SO USED TO
BE DISTRIBUTED TO THE STATE OR PARTICIPATING LOCAL GOVERNMENTS. NOTWITH-
STANDING THE PROVISIONS OF SECTION FIFTEEN OF CHAPTER THREE HUNDRED
SIXTY-THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FOUR, THE PROVISIONS
OF THIS SUBDIVISION SHALL NOT EXPIRE.
A. 9997 29
S 532. SURCHARGE ON OFF-TRACK WINNINGS; DISPOSITION OF REVENUES. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH REGIONAL OFF-TRACK
BETTING CORPORATION, OR OFF-TRACK BETTING OPERATOR, INCLUDING THE NEW
YORK CITY OFF-TRACK BETTING CORPORATION AND THE SUCCESSOR METROPOLITAN
OFF-TRACK BETTING CORPORATION, CONDUCTING OFF-TRACK BETTING SHALL IMPOSE
A SURCHARGE OF FIVE PER CENTUM ON THE PORTION OF PARI-MUTUEL WAGERING
POOLS DISTRIBUTABLE TO PERSONS HAVING PLACED BETS AT OFF-TRACK BETTING
FACILITIES LOCATED WITHIN SUCH REGION. THE REVENUES DERIVED FROM SUCH
SURCHARGE, PLUS THE BREAKS, SHALL BE HELD SEPARATE AND APART FROM ANY
AMOUNTS OTHERWISE AUTHORIZED TO BE RETAINED FROM PARI-MUTUEL POOLS. SUCH
SURCHARGE IS HEREBY LEVIED SUBJECT TO THE CONDITIONS SET FORTH IN THIS
SUBDIVISION AND ARTICLE TEN OF THIS CHAPTER.
2. SUBJECT TO THE LIMITATIONS ON GROSS DISTRIBUTIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, THE REVENUES RECEIVED FROM ANY
SURCHARGE IMPOSED BY SUBDIVISION ONE OF THIS SECTION, PLUS THE BREAKS,
SHALL BE DISTRIBUTED MONTHLY, AS FOLLOWS:
A. FIFTY PER CENTUM TO SUCH CITY, OR TO THE COUNTIES AND CITIES ENTI-
TLED TO RECEIVE REVENUES FROM THE REGIONAL CORPORATION PURSUANT TO
SECTION FIVE HUNDRED SIXTEEN OF THIS CHAPTER AND IN THE SAME PROPORTION
AS PROVIDED THEREIN, OR TO AN OFF-TRACK BETTING OPERATOR; AND
B. THE BALANCE AS FOLLOWS:
(I) WHERE THE TRACK CONDUCTING THE RACE ON WHICH THE BET WAS PLACED IS
LOCATED WITHIN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED THOU-
SAND, TO SUCH CITY;
(II) WHERE THE TRACK CONDUCTING THE RACE ON WHICH THE BET WAS PLACED
IS NOT LOCATED WITHIN A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED
THOUSAND, TO THE COUNTY IN WHICH SUCH TRACK IS LOCATED;
(III) WHERE THE TRACK CONDUCTING THE RACE ON WHICH THE BET WAS PLACED
IS LOCATED PARTIALLY WITHIN A CITY WITH A POPULATION IN EXCESS OF ONE
MILLION AND PARTIALLY WITHIN A COUNTY, TWENTY-FIVE PER CENTUM OF SUCH
BALANCE TO THE CITY AND THE REMAINDER TO THE COUNTY; AND
(IV) WHERE THE TRACK CONDUCTING THE RACE ON WHICH THE BET WAS PLACED
IS LOCATED OUTSIDE THE STATE, IN THE SAME MANNER AS DESCRIBED IN PARA-
GRAPH A OF THIS SUBDIVISION.
(V) WHERE THE TRACK CONDUCTING THE RACE IS LOCATED IN A THOROUGHBRED
SPECIAL BETTING DISTRICT AND IS SIMULCASTING PURSUANT TO SECTION ONE
THOUSAND EIGHT OF THIS CHAPTER OUTSIDE SUCH SPECIAL BETTING DISTRICT,
NINETY PER CENTUM TO THE OFF-TRACK BETTING OPERATOR AND TEN PER CENTUM
TO THE COUNTY IN WHICH SUCH TRACK IS LOCATED.
(VI) FOR THE PERIOD OF SEPTEMBER FIRST, TWO THOUSAND SEVEN UNTIL
AUGUST THIRTY-FIRST, TWO THOUSAND TWELVE AND WHERE THE TRACK CONDUCTING
THE RACE ON WHICH THE BET WAS PLACED IS A HARNESS TRACK LOCATED IN THE
COUNTY OF ERIE, TO SUCH TRACK.
3. SUCH FIVE PER CENTUM SURCHARGE HEREIN PROVIDED IS HEREBY INCREASED
BY A SUPPLEMENTAL ONE PER CENTUM SURCHARGE ON THE PORTION OF PARI-MUTUEL
WAGERING POOLS OF MULTIPLE, EXOTIC AND SUPER EXOTIC BETS DISTRIBUTABLE
TO PERSONS HAVING PLACED BETS AT OFF-TRACK BETTING FACILITIES TO BE
DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIVE HUNDRED
NINE-A OR SIX HUNDRED NINE-A OF THIS CHAPTER, WHICHEVER MAY BE APPLICA-
BLE TO THE CORPORATION WITH WHICH SUCH BETS ORIGINATED.
4. THE STATE RACING AND WAGERING BOARD SHALL ISSUE REGULATIONS PROVID-
ING FOR MONTHLY DISTRIBUTION TO CITIES AND COUNTIES OF REVENUES RECEIVED
UNDER THIS SECTION, THROUGH THE REGIONAL OFF-TRACK BETTING CORPORATION
IN WHICH SUCH CITIES OR COUNTIES ARE LOCATED; PROVIDED, HOWEVER, IN THE
EVENT THAT SUCH CITIES OR COUNTIES OTHERWISE ENTITLED TO RECEIVE SUCH
REVENUES ARE NOT PARTICIPATING CITIES OR COUNTIES WITH A REGIONAL
A. 9997 30
OFF-TRACK BETTING CORPORATION THEN SUCH MONTHLY DISTRIBUTIONS SHALL BE
PAYABLE DIRECTLY TO SUCH CITIES OR COUNTIES. REGIONAL OFF-TRACK BETTING
CORPORATIONS THAT RECEIVE PAYMENTS UNDER THIS SUBDIVISION SHALL DISTRIB-
UTE SUCH PAYMENTS TO APPROPRIATE PARTICIPATING CITIES AND COUNTIES WITH-
IN THREE BUSINESS DAYS FOLLOWING RECEIPT OF SUCH PAYMENTS. THE BOARD
SHALL ALSO PROVIDE FOR PERIODIC REPORTS BY REGIONAL OFF-TRACK BETTING
CORPORATIONS TO ENSURE THAT THE PURPOSES OF THIS SECTION ARE CARRIED
OUT.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MONEYS DISTRIBUTABLE TO
THE COUNTY OF SARATOGA PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH B OF
SUBDIVISION TWO OF THIS SECTION SHALL BE DISTRIBUTED AS FOLLOWS:
A. THE FIRST ONE MILLION SIX HUNDRED FIFTY-EIGHT THOUSAND ONE HUNDRED
FIFTY-FOUR DOLLARS AND SIXTY-FOUR CENTS OF DISTRIBUTABLE REVENUES SHALL
BE PAID TO THE COUNTY OF SARATOGA.
B. THE NEXT THREE HUNDRED TWENTY-TWO THOUSAND NINE HUNDRED FOURTEEN
DOLLARS AND TWENTY-ONE CENTS OF DISTRIBUTABLE REVENUES SHALL BE PAID TO
THE CITY OF SARATOGA.
C. IF ANY SURPLUS MONEYS ARE AVAILABLE AFTER THE PAYMENTS ARE MADE
PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION SUCH SURPLUS MONEYS
SHALL BE PAID AS FOLLOWS:
(I) 83.7% OF SUCH SURPLUS SHALL BE PAID TO THE COUNTY OF SARATOGA.
(II) 16.3% OF SUCH SURPLUS SHALL BE PAID TO THE CITY OF SARATOGA.
UPON THE RELEASE OF THE FEDERAL CENSUS FIGURES FOR THE CENSUS
CONDUCTED IN NINETEEN HUNDRED EIGHTY, THE ALLOCATION OF SUCH REVENUES
SHALL BE APPORTIONED BETWEEN THE COUNTY OF SARATOGA AND THE CITY OF
SARATOGA AND SHALL BE DETERMINED BY THE PERCENTAGES OF THE TOTAL POPU-
LATION OF THE COUNTY OF SARATOGA AND THE CITY OF SARATOGA IN RELATION TO
EACH OTHER.
6. NOTWITHSTANDING ANY PROVISION HEREIN OR IN SECTION ONE THOUSAND
NINE OF THIS CHAPTER TO THE CONTRARY WHERE THE TRACK CONDUCTING THE RACE
IS A THOROUGHBRED TRACK LOCATED IN THE CATSKILL REGION CONDUCTING A
MIXED MEETING SUCH SURCHARGE SHALL BE COLLECTED ON ALL WAGERS PLACED IN
BRANCH OFFICES OR SIMULCAST THEATERS OF A REGIONAL OFF-TRACK BETTING
CORPORATION. THE REVENUES RECEIVED FROM ANY SUCH SURCHARGE IMPOSED IN
ACCORDANCE WITH THIS SECTION PLUS THE BREAKS SHALL BE DISTRIBUTED MONTH-
LY AS FOLLOWS:
A. ONE-FIFTH TO THE COUNTY IN WHICH SUCH TRACK IS LOCATED;
B. THREE-FIFTHS TO A REGIONAL TRACK LOCATED IN THE REGION IN WHICH THE
BET IS PLACED IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIVE HUNDRED
TWENTY-SEVEN OF THIS ARTICLE, ONE-HALF THEREOF TO BE USED FOR PURSES AT
SUCH REGIONAL TRACK, EXCEPT THAT IN ANY REGION CONTAINING TWO OR MORE
REGIONAL TRACKS SUCH TRACKS SHALL BE ENTITLED TO AN EQUAL SHARE;
C. ONE-FIFTH TO BE RETAINED BY THE OFF-TRACK BETTING OPERATOR WITH
WHOM SUCH BET ORIGINATED AS OPERATING REVENUES.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY PAYMENTS
OTHERWISE PAYABLE TO A CITY WITH A POPULATION OF ONE MILLION OR MORE,
PURSUANT TO THIS SECTION, OTHER THAN PAYMENTS PURSUANT TO SUBPARAGRAPHS
(I) AND (III) OF PARAGRAPH B OF SUBDIVISION TWO OF THIS SECTION, SHALL
BE PAYABLE TO THE CORPORATION AND SHALL BE AVAILABLE FOR ITS CORPORATE
PURPOSES.
S 10. Sections 601, 602, 603, 604, 605, 606, 607, 609-a, 610, 611,
613, 614, 617, 623 and 624 of the racing, pari-mutuel wagering and
breeding law are REPEALED and fifteen new sections 601, 602, 603, 604,
605, 606, 607, 609-a, 610, 611, 613, 614, 617, 623 and 624 are added to
read as follows:
A. 9997 31
S 601. DECLARATION OF POLICY AND STATEMENT OF PURPOSES. IT IS HEREBY
FOUND, DETERMINED AND DECLARED THAT THERE IS AN IMMEDIATE NEED TO TAKE
ACTION TO RESCUE THE NEW YORK CITY REGIONAL OFF-TRACK BETTING CORPO-
RATION FROM ITS CURRENT ECONOMIC CRISIS AND PENDING BANKRUPTCY, AND TO
TAKE DEFINITIVE STEPS TO IMPROVE THE FINANCIAL AND OPERATING POSTURE OF
THE NASSAU REGIONAL OFF-TRACK BETTING CORPORATION. THERE IS ALSO A NEED
TO EFFECT MORE EFFICIENT AND STREAMLINED OPERATIONS OF THE SEVERAL DOWN-
STATE REGIONAL OFF-TRACK BETTING CORPORATIONS. NEW YORK CITY REGIONAL
OFF-TRACK BETTING CORPORATION AND NASSAU REGIONAL OFF-TRACK BETTING
CORPORATION CONTRIBUTE OVER A BILLION AND A HALF DOLLARS DIRECTLY INTO
THE STATE'S ECONOMY AND SUPPLIES EVEN MORE ECONOMIC FUEL THROUGH THE
MORE THAN TWO THOUSAND FULL TIME WORKERS CURRENTLY EMPLOYED BY THOSE
ENTITIES. IT IS ESTIMATED THAT APPROXIMATELY SEVENTY PERCENT OF THAT
WORK FORCE WILL LOSE THEIR JOBS IF THE NEW YORK CITY REGIONAL OFF-TRACK
BETTING CORPORATION BANKRUPTCY PLAN IS APPROVED AND/OR THE NASSAU
REGIONAL OFF-TRACK BETTING CORPORATION IS FORCED TO DRASTICALLY DOWNSIZE
OR FILE FOR BANKRUPTCY PROTECTION. THE LEGISLATURE FINDS THAT IT IS IN
THE BEST INTEREST OF THE STATE THAT THOSE REGIONAL CORPORATIONS BE
CONSOLIDATED AND THAT SAID COMBINATION WILL ALLOW FOR EFFICIENCIES OF
SCALE, ECONOMIC VIABILITY, CREDITOR ACCEPTANCE OF WORK-OUTS AND AN
INFLUX OF NEW CAPITALIZATION AT FAVORABLE RATES; AND, FURTHER FINDS THAT
CONSOLIDATION WILL SAVE JOBS THAT PROVIDE A CRUCIAL CASH SOURCE THAT IS
AN IMPORTANT ELEMENT OF THE MACHINE THAT FUELS THIS IMPORTANT SEGMENT OF
THE STATE'S ECONOMY.
S 602. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
MEAN AND INCLUDE:
1. "ADMINISTRATIVE CODE." THE ADMINISTRATIVE CODE OF THE CITY.
2. "BOARD." THE BOARD OF DIRECTORS OF THE CORPORATION AS SUCH BOARD IS
CONSTITUTED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER AND
SECTION SIX HUNDRED THREE OF THIS ARTICLE.
3. "BONDS" AND "NOTES." BONDS AND NOTES RESPECTIVELY, AUTHORIZED AND
ISSUED BY THE CORPORATION PURSUANT TO THIS ARTICLE.
4. "BRANCH OFFICE." AN ESTABLISHMENT MAINTAINED AND OPERATED BY THE
CORPORATION, WHERE OFF-TRACK, PARI-MUTUEL BETS ON HORSE RACES MAY BE
PLACED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ARTICLE AND
THE REGULATIONS PROMULGATED PURSUANT THERETO.
5. "CHARTER." THE NEW YORK CITY CHARTER.
6. "CITY." THE CITY OF NEW YORK.
7. "COUNTY." THE COUNTY OF NASSAU.
8. "CORPORATION." THE METROPOLITAN OFF-TRACK BETTING CORPORATION
ESTABLISHED BY SECTION FIVE HUNDRED TWO OF THIS CHAPTER AND SECTION SIX
HUNDRED THREE OF THIS ARTICLE.
9. "COST OF CORPORATION'S FUNCTIONS." ALL PRE-DISTRIBUTION COSTS AND
EXPENSES INCURRED BY THE CORPORATION IN CONNECTION WITH THE PERFORMANCE
OF THE FUNCTIONS OF THE CORPORATION AS DESCRIBED BY THIS ARTICLE,
INCLUDING, BUT NOT LIMITED TO, ALL OPERATING EXPENSES OF THE CORPORATION
SUCH AS SALARIES AND WAGES, INSURANCE, RENT AND REAL ESTATE TAXES,
PAYMENTS IN LIEU OF TAXES AND/OR TO COMPENSATE MUNICIPALITIES FOR LOSS
OF ADMISSION TAXES PURSUANT TO SUBDIVISION TWO OF SECTION FIVE HUNDRED
THIRTY-ONE OF THIS CHAPTER, CONTRIBUTIONS TO ANY POST-RETIREMENT EMPLOY-
EE FUND AND/OR PENSION AND OTHER POST-EMPLOYMENT EXPENSES, THE COSTS OF
ACQUISITION, CONSTRUCTION OR EQUIPMENT OF BRANCH OFFICES AND OTHER
FACILITIES AND PREMISES OF THE CORPORATION, A REASONABLE CAPITAL RESERVE
FUND OF NO MORE THAN THREE PERCENT OF NET PRE-DISTRIBUTION REVENUE,
INTEREST AND PRINCIPAL ON BONDS, NOTES OR OTHER OBLIGATIONS OF THE
CORPORATION, WHETHER ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION OR
A. 9997 32
EQUIPMENT OF SUCH OFFICES, FACILITIES, PREMISES, OR OTHERWISE, AND THE
STATE TAX LEVIED PURSUANT TO SUBDIVISION ONE OF SECTION FIVE HUNDRED
TWENTY-SEVEN OF THIS CHAPTER.
10. "COMMISSIONER OF FINANCE." THE COMMISSIONER OF FINANCE OF THE CITY
OF NEW YORK.
11. "MAYOR." THE MAYOR OF THE CITY OF NEW YORK.
11-A. "COUNTY EXECUTIVE." THE COUNTY EXECUTIVE OF NASSAU COUNTY.
12. "STATE." THE STATE OF NEW YORK.
13. "TRACK." THE GROUNDS OR ENCLOSURE WITHIN WHICH HORSE RACES ARE
CONDUCTED BY ANY PERSON, CORPORATION OR ASSOCIATION LAWFULLY AUTHORIZED
TO HOLD SUCH RACES.
14. "SITE SELECTION BOARD." THE SITE SELECTION BOARD SHALL BE COMPOSED
OF A DESIGNEE OF THE GOVERNOR, A DESIGNEE OF THE TEMPORARY PRESIDENT OF
THE SENATE, A DESIGNEE OF THE SPEAKER OF THE ASSEMBLY, WITH RESPECT TO A
BRANCH OFFICE LOCATED WHOLLY OR PARTLY WITHIN THE COUNTY, A DESIGNEE OF
THE COUNTY EXECUTIVE OF NASSAU COUNTY, WITH RESPECT TO A BRANCH OFFICE
LOCATED WHOLLY OR PARTLY WITHIN A BOROUGH OF THE CITY, THE PRESIDENT OR
PRESIDENTS OF THE BOROUGH OR BOROUGHS IN WHICH THE PROPOSED SITE IS
LOCATED, AND A DESIGNEE OF THE CHIEF EXECUTIVE OFFICER OF THE URBAN
DEVELOPMENT CORPORATION.
S 603. METROPOLITAN OFF-TRACK BETTING CORPORATION. 1. A CORPORATION TO
BE KNOWN AS THE "METROPOLITAN OFF-TRACK BETTING CORPORATION" IS HEREBY
CREATED. SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTI-
TUTING A PUBLIC BENEFIT CORPORATION. IT SHALL BE ADMINISTERED BY A BOARD
OF DIRECTORS CONSISTING OF FIVE MEMBERS, WHO MAY BE PUBLIC OFFICERS, NOT
MORE THAN THREE OF WHOM SHALL BE MEMBERS OF THE SAME PARTY, TWO
APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE TEMPORARY PRESI-
DENT OF THE SENATE, TWO APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION
OF THE SPEAKER OF THE ASSEMBLY AND ONE APPOINTED BY THE GOVERNOR, WHO
SHALL BE THE CHAIRMAN AND SERVE AT THE PLEASURE OF THE GOVERNOR, WHO MAY
CHANGE HIS DESIGNATION OF ANY SUCH DIRECTOR TO BE CHAIRMAN. EACH DIREC-
TOR OF THE CORPORATION SHALL SERVE AT THE PLEASURE OF THE GOVERNOR,
TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF THE ASSEMBLY, AS THE
CASE MAY BE. IT SHALL BE DIVIDED INTO AN EASTERN DISTRICT COMPRISED OF
THE COUNTY OF NASSAU AND A WESTERN DISTRICT COMPRISED OF THE FIVE COUN-
TIES OF THE CITY OF NEW YORK.
2. OF THE DIRECTORS, ONE APPOINTED BY THE GOVERNOR FOR A TERM ENDING
ON DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, ONE APPOINTED ON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE FOR A TERM
ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, ONE APPOINTED ON
THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY FOR A TERM ENDING ON
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, AND THE REMAINING TWO DIREC-
TORS APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY FOR A TERM ENDING DECEMBER THIR-
TY-FIRST, TWO THOUSAND FOURTEEN. UPON THE EXPIRATION OF SUCH TERMS, THE
TERMS OF OFFICE OF THEIR SUCCESSORS SHALL BE FOUR YEARS. VACANCIES
OCCURRING DURING ANY SUCH TERM SHALL BE FILLED FOR THE UNEXPIRED TERM BY
THE APPOINTING AUTHORITY.
3. THE GOVERNOR SHALL DESIGNATE ONE OF THE DIRECTORS TO BE CHAIRMAN OF
THE BOARD OF DIRECTORS AND MAY, AT HIS OR HER PLEASURE, CHANGE HIS OR
HER DESIGNATION OF ANY SUCH DIRECTOR TO BE CHAIRMAN.
4. EACH DIRECTOR SHALL CONTINUE TO SERVE UNTIL THE APPOINTMENT AND
QUALIFICATION OF HIS OR HER SUCCESSOR.
5. THE DIRECTORS SHALL BE REMOVABLE FOR CAUSE BY THE GOVERNOR, UPON
CHARGES AND AFTER A HEARING.
A. 9997 33
6. THE POWERS OF THE CORPORATION SHALL BE VESTED IN AND EXERCISED BY
THE BOARD AT A MEETING DULY HELD AT A TIME FIXED BY ANY BY-LAW ADOPTED
BY THE BOARD, OR AT ANY DULY ADJOURNED MEETING OF SUCH MEETING OR AT ANY
MEETING HELD UPON REASONABLE NOTICE TO ALL OF THE DIRECTORS, OR UPON
WRITTEN WAIVER THEREOF, AND A MAJORITY OF THE WHOLE NUMBER OF DIRECTORS
SHALL CONSTITUTE A QUORUM; PROVIDED THAT NEITHER THE BUSINESS NOR THE
POWERS OF THE CORPORATION SHALL BE TRANSACTED OR EXERCISED EXCEPT PURSU-
ANT TO THE FAVORABLE VOTE OF AT LEAST A MAJORITY OF THE DIRECTORS PRES-
ENT AT A MEETING AT WHICH A QUORUM IS IN ATTENDANCE.
7. THE BOARD MAY DELEGATE TO ONE OR MORE OF THE DIRECTORS, OFFICERS,
AGENTS OR EMPLOYEES OF THE CORPORATION SUCH POWERS AND DUTIES AS IT MAY
DEEM PROPER.
8. THE DIRECTORS SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
9. THE DIRECTORS MAY ENGAGE IN OUTSIDE EMPLOYMENT OR IN A PROFESSION
OR BUSINESS UNLESS OTHERWISE PROHIBITED FROM DOING SO BY VIRTUE OF HOLD-
ING ANOTHER PUBLIC OFFICE SUBJECT TO THE PROVISIONS OF SECTION SEVENTY-
THREE OF THE PUBLIC OFFICERS LAW.
10. THE BOARD SHALL HOLD AN ANNUAL MEETING.
11. THE FISCAL YEAR OF THE CORPORATION SHALL BE THE SAME AS THAT OF
THE COUNTY, PROVIDED, HOWEVER, THAT THE CORPORATION SHALL HAVE A NINE
MONTH FISCAL YEAR FROM JULY FIRST, TWO THOUSAND TEN THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND ELEVEN, AND THEN THE FISCAL YEAR OF THE CORPO-
RATION SHALL BE THE SAME AS THAT OF THE STATE.
S 604. POWERS OF THE CORPORATION. THE CORPORATION SHALL HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND TO ALTER THE SAME AT ITS PLEASURE;
3. TO ACQUIRE, HOLD, LEASE, RENT AND DISPOSE OF PERSONAL PROPERTY FOR
ITS CORPORATE PURPOSE;
4. TO ACQUIRE, IN THE NAME OF THE STATE, BY PURCHASE, CONDEMNATION,
GIFT, GRANT OR DEVISE OR OTHERWISE, AND TO USE, REAL PROPERTY WHICH IS
NECESSARY OR CONVENIENT FOR CARRYING OUT ITS CORPORATE PURPOSE; PROVIDED
THAT THE CORPORATION SHALL NOT CONDEMN ANY REAL PROPERTY WITHOUT FIRST
HAVING OBTAINED THE CONSENT OF THE MAYOR. ALL REAL PROPERTY ACQUIRED BY
THE CORPORATION BY CONDEMNATION SHALL BE ACQUIRED IN THE MANNER PROVIDED
BY LAW FOR THE CONDEMNATION OF REAL PROPERTY BY THE STATE;
5. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS;
6. WITH THE CONSENT OF THE STATE, TO USE AGENTS, OFFICERS, EMPLOYEES,
AND FACILITIES OF THE STATE, PAYING TO THE STATE ITS AGREED PROPORTION
OF THE COMPENSATION OR COSTS;
7. TO APPOINT OFFICERS, AGENTS AND EMPLOYEES, TO PRESCRIBE THEIR QUAL-
IFICATIONS AND TO FIX THEIR COMPENSATION; SUBJECT, HOWEVER, TO THE
PROVISIONS OF SECTION SIX HUNDRED SIX OF THIS ARTICLE, AND TO THE RIGHT
OF THE NASSAU COUNTY EXECUTIVE TO APPOINT THE EASTERN DISTRICT EXECUTIVE
VICE PRESIDENT;
8. TO MAKE CONTRACTS AND LEASES, INCLUDING JOINT VENTURES WITH THIRD
PARTIES OR ENTITIES, AND TO EXECUTE ALL INSTRUMENTS NECESSARY OR CONVEN-
IENT TO ACCOMPLISH ITS CORPORATE PURPOSE; PROVIDED, HOWEVER, EXCEPT AS
OTHERWISE SET FORTH IN THIS CHAPTER, THAT THE CORPORATION MAY ONLY ENTER
INTO AGREEMENTS FOR THE PURCHASE OR LEASE OF ANY PROPERTY TO BE USED IN
WHOLE OR IN PART AS AN OFF-TRACK BETTING BRANCH OFFICE WHICH IS CONDI-
TIONED UPON THE LOCATION THEREOF BEING APPROVED BY THE SITE SELECTION
BOARD; AND FURTHER PROVIDED, THAT SUCH LOCATION PRIOR TO ITS USE AS SUCH
OFF-TRACK BETTING BRANCH OFFICE SHALL HAVE BEEN APPROVED BY THE SITE
SELECTION BOARD;
A. 9997 34
9. TO CONSTRUCT SUCH BUILDINGS, STRUCTURES AND FACILITIES AS MAY BE
NECESSARY;
10. TO ACCEPT GRANTS, LOANS AND CONTRIBUTIONS FROM THE UNITED STATES,
THE STATE OR ANY AGENCY OR INSTRUMENTALITY OF EITHER OF THEM, OR THE
CITY, COUNTY OR ANY PERSON, INCLUDING GIFTS OR TRANSFERS BY BEQUEST OR
OTHERWISE, AND TO USE SAME OR EXPEND THE PROCEEDS THEREOF FOR ITS CORPO-
RATE PURPOSE;
11. IN THE MANNER AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN
THIS ARTICLE, AND ARTICLE FIVE-A OF THIS CHAPTER TO ESTABLISH AND
CONDUCT A SYSTEM OF OFF-TRACK PARI-MUTUEL BETTING IN THE CITY OF NEW
YORK AND THE COUNTY OF NASSAU ON HORSE RACES;
12. A. TO PROMULGATE, AMEND AND REPEAL SUCH RULES AND REGULATIONS,
CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, AS IT MAY DEEM NECESSARY
OR DESIRABLE FOR THE CARRYING OUT OF THE PURPOSES OF THIS ARTICLE. SUCH
RULES AND REGULATIONS SHALL HAVE THE FORCE AND EFFECT OF LAW.
B. NO RULE OR REGULATION PROMULGATED BY THE CORPORATION PURSUANT TO
THE PROVISIONS OF THIS SUBDIVISION SHALL BE EFFECTIVE UNTIL A COPY THER-
EOF IS FILED WITH THE RACING AND WAGERING BOARD.
C. ANY VIOLATION OF ANY RULE OR REGULATION, FILED WITH THE RACING AND
WAGERING BOARD AND DESIGNATED BY THE LETTER "R" BY RESOLUTION OF THE
BOARD OF DIRECTORS OF THE CORPORATION, SHALL BE AN OFFENSE TRIABLE BY A
JUDGE OF THE CRIMINAL COURT OF THE CITY OF NEW YORK OR THE FIRST
DISTRICT COURT OF THE COUNTY OF NASSAU, AND SHALL BE PUNISHABLE BY
IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS, OR BY BOTH SUCH IMPRISONMENT AND FINE. ALL SUCH
FINES COLLECTED SHALL BE PAID INTO THE GENERAL FUND OF THE STATE, FOR
PROPORTIONAL DISTRIBUTION TO THE STATE AND COUNTY AS PROVIDED FOR HERE-
IN. ANY SUCH RULE OR REGULATION SHALL BE EFFECTIVE, NOTWITHSTANDING THAT
ANY ACT OR OMISSION MADE AN OFFENSE OR PUNISHABLE THEREBY MAY BE A CRIME
OR OFFENSE OR PUNISHABLE UNDER ANY OTHER PROVISION OF LAW;
13. TO PERFORM SUCH OTHER ACTS AND ENGAGE IN SUCH OTHER ACTIVITIES AS
MAY BE NECESSARY AND PROPER FOR EXERCISING ITS POWERS AND PERFORMING ITS
DUTIES UNDER THIS ARTICLE.
S 605. POLICING OF OFF-TRACK BETTING. 1. THE CORPORATION SHALL, AT ITS
OWN EXPENSE, PROVIDE SUCH POLICING AS MAY BE NECESSARY TO PRESERVE ORDER
IN BRANCH OFFICES AND OTHER FACILITIES AND PREMISES OF THE CORPORATION
AND ENFORCE THE PROVISIONS OF THIS ARTICLE AND THE RULES AND REGULATIONS
PROMULGATED PURSUANT THERETO.
2. SUCH POLICING SHALL BE PROVIDED THROUGH EMPLOYEES OF THE CORPO-
RATION DESIGNATED AS: (I) SPECIAL PATROLMEN BY THE POLICE COMMISSIONER
OF THE CITY OF NEW YORK OR THE COUNTY OF NASSAU AND SERVING PURSUANT TO
THE PROVISIONS OF SECTION 14-106 OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK; OR (II) SPECIAL POLICEMEN DESIGNATED IN A MANNER CONSISTENT
WITH SECTION FIVE HUNDRED FOUR OF THIS CHAPTER. WHEN SO DESIGNATED, SUCH
SPECIAL PATROLMEN OR SPECIAL POLICEMEN SHALL, IN THE BRANCH OFFICES AND
THE OTHER FACILITIES AND PREMISES OF THE CORPORATION, AND IN THE AREAS
WITHIN FIVE HUNDRED FEET THEREFROM:
A. BE EMPOWERED TO PERFORM ALL FUNCTIONS AND TO ENFORCE ALL LAWS,
RULES AND REGULATIONS MENTIONED IN SUBDIVISION ONE OF THIS SECTION; AND
B. POSSESS ALL OF THE POWERS AND DISCHARGE ALL OF THE DUTIES OF REGU-
LAR MEMBERS OF THE POLICE FORCE OF THE CITY AND COUNTY.
S 606. PERSONNEL ADMINISTRATION; PENSION, RETIREMENT AND OTHER BENE-
FITS. 1. THE GENERAL MANAGEMENT OF THE CORPORATION SHALL BE UNDER THE
DIRECTION OF A PRESIDENT, WHO SHALL BE THE CHIEF EXECUTIVE OFFICER OF
THE CORPORATION AND SHALL BE IN CHARGE OF THE ADMINISTRATION OF ITS
AFFAIRS. HE OR SHE SHALL PERFORM HIS OR HER DUTIES AS CHIEF EXECUTIVE
A. 9997 35
OFFICER, TOGETHER WITH ANY OTHER DUTIES ASSIGNED TO HIM OR HER BY THE
CORPORATION, UNDER THE DIRECT SUPERVISION AND CONTROL OF THE BOARD OF
DIRECTORS, AND SHALL GIVE HIS OR HER FULL TIME TO SUCH DUTIES. THE OPER-
ATIONS OF THE WESTERN DISTRICT SHALL BE UNDER THE DIRECTION OF AN EXECU-
TIVE VICE PRESIDENT, AND THE OPERATIONS OF THE EASTERN DISTRICT SHALL BE
UNDER THE DIRECTION OF AN EXECUTIVE VICE PRESIDENT. THE EXECUTIVE VICE
PRESIDENTS OF THE DISTRICTS SHALL REPORT AND BE SUBJECT TO THE DIRECTION
OF THE PRESIDENT OF THE CORPORATION. THE PRESIDENT SHALL BE APPOINTED BY
AND SERVE AT THE PLEASURE OF THE BOARD OF DIRECTORS. THE EXECUTIVE VICE
PRESIDENT OF THE EASTERN DISTRICT SHALL BE APPOINTED BY THE COUNTY EXEC-
UTIVE OF NASSAU COUNTY, WITH THE ADVICE AND CONSENT OF THE SPEAKER OF
THE ASSEMBLY, AND THE EXECUTIVE VICE PRESIDENT OF THE WESTERN DISTRICT
SHALL BE APPOINTED BY THE BOARD OF DIRECTORS, FOR A TERM OF TWO YEARS,
PROVIDED THAT THE INITIAL TERMS OF ALL SUCH OFFICERS SHALL COMMENCE ON
JULY FIRST, TWO THOUSAND TEN AND END ON DECEMBER THIRTY-FIRST, TWO THOU-
SAND TEN.
2. FOR THE PURPOSES OF THIS SECTION, ALL EMPLOYEES OF THE NEW YORK
CITY AND NASSAU COUNTY OFF-TRACK BETTING CORPORATIONS ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL REMAIN EMPLOYEES OF THE METROPOL-
ITAN OFF-TRACK BETTING CORPORATION AFTER SUCH EFFECTIVE DATE.
3. THE CORPORATION SHALL ADMINISTER ITS PERSONNEL PURSUANT TO THE
CIVIL SERVICE LAW AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER,
AND CLASSIFICATION AND COMPENSATION SCHEDULES OF THE STATE DEPARTMENT OF
CIVIL SERVICE, AND ALL OTHER APPLICABLE PROVISIONS OF GENERAL LAWS
RELATING TO CIVIL SERVICE ADMINISTRATION. THE CORPORATION SHALL RETAIN
ALL PERSONNEL, PAYROLL AND ASSOCIATED EMPLOYEE RECORDS AND SHALL ENSURE
THAT THE NEW YORK CITY AND/OR NASSAU COUNTY EMPLOYEES' RETIREMENT
SYSTEMS HAVE ACCESS TO SUCH RECORDS FOR RETIREMENT PURPOSES CONSISTENT
WITH CURRENT RECORDS RETENTION REQUIREMENTS.
4. ANY OFFICER OR EMPLOYEE OF THE CORPORATION WHO HERETOFORE ACQUIRED
OR SHALL HEREAFTER ACQUIRE SUCH POSITION STATUS BY TRANSFER AND WHO AT
THE TIME OF SUCH TRANSFER WAS A MEMBER OF THE NEW YORK CITY AND/OR
NASSAU COUNTY EMPLOYEES' RETIREMENT SYSTEM SHALL, WITH RESPECT TO SUCH
RETIREMENT SYSTEM, CONTINUE TO HAVE THE RIGHTS, PRIVILEGES, OBLIGATIONS
AND STATUS WHICH WOULD HAVE APPLIED TO HIM OR HER IF HE OR SHE HAD
CONTINUED TO HOLD THE OFFICE OR POSITION WHICH ENTITLED HIM OR HER TO
SUCH MEMBERSHIP PRIOR TO SUCH TRANSFER. EMPLOYMENT BY THE CORPORATION
SHALL CONSTITUTE CITY AND/OR COUNTY SERVICE FOR THE PURPOSES OF CHAPTER
ONE OF TITLE THIRTEEN OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK
AND/OR ANY SIMILAR PROVISION OF THE NASSAU COUNTY CODE.
5. ALL EMPLOYEES AND OFFICERS OF THE CORPORATION IN CLASSES OR POSI-
TIONS WHOSE INCUMBENTS, IN EQUIVALENT CLASSES OR POSITIONS OF THE CITY
AND COUNTY, ARE ELIGIBLE AS OF THE EFFECTIVE DATE OF THIS SECTION, TO
PARTICIPATE IN AND RECEIVE BENEFITS FROM ANY CITY OR COUNTY AUTHORIZED
HEALTH INSURANCE OR WELFARE BENEFIT PROGRAM, SHALL BE ELIGIBLE TO
PARTICIPATE IN, AND RECEIVE BENEFITS FROM ANY SUCH HEALTH INSURANCE OR
WELFARE BENEFIT PROGRAM; PROVIDED, HOWEVER, THAT THE CORPORATION SHALL
REIMBURSE THE CITY, COUNTY OR ITS DESIGNEE FOR THE ACTUAL COST OF BENE-
FITS UNDER THIS SUBDIVISION.
S 607. ACQUISITION OR LEASING OF PROPERTY BY THE STATE OR CORPORATION;
AGREEMENTS BETWEEN THE STATE AND CORPORATION AS TO USE OR OCCUPANCY OF
PROPERTY. 1. THE STATE MAY, IN ACCORDANCE WITH THE PROVISIONS OF LAW
GOVERNING THE ACQUISITION OR LEASING OF REAL PROPERTY BY THE STATE,
ACQUIRE REAL PROPERTY IN THE NAME OF THE STATE BY PURCHASE OR CONDEMNA-
TION FOR USE BY THE CORPORATION, OR LEASE REAL PROPERTY FROM OTHER
OWNERS FOR SUCH PURPOSE, AND MAY THROUGH LEASE OR CONTRACT MADE UPON
A. 9997 36
SUCH TERMS AND CONDITIONS, WITH OR WITHOUT CONSIDERATION, AND FOR SUCH
PERIOD OF TIME AS MAY BE AGREED UPON BY THE STATE AND THE CORPORATION,
AUTHORIZE THE USE OR OCCUPANCY OF SUCH REAL PROPERTY BY THE CORPORATION
FOR THE CARRYING OUT OF ITS CORPORATE PURPOSE.
2. THE STATE MAY, IN ACCORDANCE WITH THE PROVISIONS OF LAW GOVERNING
THE ACQUISITION OR LEASING OF PERSONAL PROPERTY BY THE STATE, ACQUIRE OR
LEASE PERSONAL PROPERTY FOR USE BY THE CORPORATION AND MAY BY LEASE OR
CONTRACT MADE UPON SUCH TERMS AND CONDITIONS, WITH OR WITHOUT CONSIDER-
ATION, AND FOR SUCH PERIOD OF TIME AS MAY BE AGREED UPON BY THE STATE
AND THE CORPORATION AUTHORIZE THE USE OF SUCH PROPERTY BY THE CORPO-
RATION OR TRANSFER TITLE TO SUCH PROPERTY TO IT, FOR THE CARRYING OUT OF
ITS CORPORATE PURPOSE.
3. CONTRACTS MAY BE ENTERED INTO BY THE STATE AND THE CORPORATION
CONTAINING UNDERTAKINGS BY THE STATE: (I) TO ACQUIRE OR LEASE REAL OR
PERSONAL PROPERTY AND AUTHORIZE THE USE OR OCCUPANCY OF SAME BY THE
CORPORATION; OR (II) TO PERFORM ANY OTHER ACTS ON THE PART OF THE STATE
AUTHORIZED BY SUBDIVISIONS ONE AND TWO OF THIS SECTION, PROVIDED THE
ACTS OF THE STATE CALLED FOR BY SUCH UNDERTAKINGS ARE IN CONFORMITY WITH
THE PROVISIONS OF, AND WITHIN THE POWERS GRANTED TO THE STATE BY, SUBDI-
VISIONS ONE AND TWO OF THIS SECTION. THE MAKING OF ANY SUCH CONTRACT
SHALL BE AUTHORIZED IN THE SAME MANNER AS THE ACT OR ACTS OF THE STATE
CALLED FOR BY THE UNDERTAKING OR UNDERTAKINGS IN SUCH CONTRACT ARE
REQUIRED TO BE AUTHORIZED UNDER THE APPLICABLE PROVISIONS OF SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION.
4. IF SUCH REAL PROPERTY WAS ACQUIRED AT THE COST AND EXPENSE OF THE
CORPORATION, THE CORPORATION SHALL HAVE POWER TO SELL, LEASE OR OTHER-
WISE DISPOSE OF SAID REAL PROPERTY AT PUBLIC OR PRIVATE SALE, AND SHALL
RETAIN AND HAVE THE POWER TO USE THE PROCEEDS OF SALE, RENTALS, OR OTHER
MONEYS DERIVED FROM THE DISPOSITION THEREOF FOR ITS CORPORATE PURPOSE.
5. THE SITE SELECTION BOARD, AS DEFINED IN SECTION SIX HUNDRED TWO OF
THIS ARTICLE SHALL OPERATE PURSUANT TO THE FOLLOWING PROCEDURES:
A. EVERY ACT OF THE BOARD SHALL BE BY RESOLUTION ADOPTED BY A MAJORITY
OF THE VOTES CAST BY ALL THE MEMBERS. NO RESOLUTION SHALL BE ADOPTED
EXCEPT AFTER A PUBLIC HEARING, NOTICE OF WHICH SHALL BE PUBLISHED IN THE
STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE CITY AND COUNTY FOR TWO CONSECUTIVE BUSINESS
DAYS IMMEDIATELY PRECEDING SAID HEARING.
B. MEETING OF THE SITE SELECTION BOARD SHALL BE CALLED EITHER:
(I) AS DIRECTED BY THE BOARD UPON NOTICE THEREOF PUBLISHED IN THE
STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE CITY AND COUNTY FOR TWO CONSECUTIVE BUSINESS
DAYS; OR
(II) UPON WRITTEN NOTICE TO THE BOARD BY THE PRESIDENT OF THE CORPO-
RATION, THAT A SITE FOR AN OFF-TRACK BETTING BRANCH OFFICE IS UNDER
CONSIDERATION BY THE CORPORATION FOR LEASE OR ACQUISITION. A COPY OF
SUCH WRITTEN NOTICE SHALL BE PUBLISHED IN THE STATE REGISTER FOR SIX
CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN
THE CITY AND COUNTY FOR TWO CONSECUTIVE BUSINESS DAYS. ALL MEETINGS OF
THE BOARD SHALL BE WITHIN SEVEN CONSECUTIVE BUSINESS DAYS OF THE DATE ON
WHICH NOTICE OF SAID MEETING IS FIRST PRINTED IN THE STATE REGISTER FOR
SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY AND COUNTY FOR TWO CONSECUTIVE BUSINESS DAYS.
C. THE SITE SELECTION BOARD SHALL HAVE POWER AND AUTHORITY TO ADOPT
AND AMEND RULES AND REGULATIONS FOR THE CONDUCT OF ITS BUSINESS AND TO
CARRY OUT ITS POWERS AND DUTIES; PROVIDED, HOWEVER, THAT THE BOARD SHALL
ADOPT RULES WHICH REQUIRE BOARD ACTION ON A PROPOSED SITE WITHIN THIRTY
A. 9997 37
DAYS OF THE BOARD'S PUBLIC HEARING PROVIDED FOR IN THIS SECTION AND THAT
BY ITS FAILURE TO ACT WITHIN THIRTY DAYS THE BOARD SHALL BE DEEMED TO
HAVE APPROVED THE SITE.
S 609-A. CAPITAL ACQUISITION FUND. THE CORPORATION MAY CREATE AND
ESTABLISH A CAPITAL ACQUISITION FUND FOR THE PURPOSE OF FINANCING THE
ACQUISITION, CONSTRUCTION OR EQUIPPING OF OFFICES, FACILITIES OR PREM-
ISES OF THE CORPORATION. SUCH CAPITAL ACQUISITION FUND SHALL CONSIST OF:
(I) THE AMOUNTS SPECIFIED PURSUANT TO SUBDIVISION THREE OF SECTION FIVE
HUNDRED THIRTY-TWO OF THIS CHAPTER; AND (II) CONTRIBUTIONS FROM THE
CORPORATION'S PARI-MUTUEL WAGERING POOLS, SUBJECT TO THE FOLLOWING LIMI-
TATIONS:
1. NO CONTRIBUTION SHALL EXCEED THE AMOUNT OF THREE PERCENT OF THE
TOTAL PARI-MUTUEL WAGERING POOLS FOR THE QUARTER IN WHICH THE CONTRIB-
UTION IS MADE;
2. NO CONTRIBUTION SHALL REDUCE THE AMOUNT OF QUARTERLY NET REVENUES,
EXCLUSIVE OF SURCHARGE REVENUES, TO AN AMOUNT LESS THAN FIFTY PERCENT OF
PRE-DISTRIBUTION NET REVENUE AFTER DEDUCTION FOR THE COST OF THE CORPO-
RATION'S FUNCTIONS AS DEFINED IN SECTION FIVE HUNDRED ONE OF THIS CHAP-
TER AND SECTION SIX HUNDRED TWO OF THIS ARTICLE; AND
3. THE BALANCE OF THE FUND SHALL NOT EXCEED THE LESSER OF THREE
PERCENT OF TOTAL PARI-MUTUEL WAGERING POOLS FOR THE PREVIOUS TWELVE
MONTHS OR THE UNDEPRECIATED VALUE OF THE CORPORATION'S OFFICES, FACILI-
TIES AND PREMISES.
S 610. MONEYS OF CORPORATION. 1. THE MONETARY TRANSACTIONS OF THE
CORPORATION AND THE KEEPING OF ITS BOOKS AND ACCOUNTS SHALL BE UNDER THE
SUPERVISION OF THE STATE COMPTROLLER. THE CHAIR OF THE RACING AND WAGER-
ING BOARD MAY AT ANY TIME REQUEST AND SHALL BE PROVIDED FOR REVIEW SUCH
BOOKS AND ACCOUNTS.
2. ALL MONEYS DUE THE STATE, CITY AND COUNTY PURSUANT TO ARTICLE
FIVE-A OF THIS CHAPTER SHALL BE PAID TO THE STATE COMPTROLLER OR THE
RESPECTIVE COMPTROLLER OF SUCH MUNICIPALITIES, AND PROVIDED FURTHER THAT
ANY NET REVENUE SHALL BE DISTRIBUTED AMONG THE STATE AND THE COUNTY OF
NASSAU ON THE BASIS OF THE PROPORTION OF THE TOTAL OFF-TRACK PARI-MUTUEL
WAGERING ACCEPTED BY THE CORPORATION DURING THE PREVIOUS CALENDAR QUAR-
TER THAT ORIGINATED IN THE BRANCH OFFICES LOCATED IN NEW YORK CITY AND
NASSAU COUNTY, RESPECTIVELY.
3. THE STATE COMPTROLLER AND HIS OR HER LEGALLY AUTHORIZED REPRESEN-
TATIVE ARE AUTHORIZED TO EXAMINE THE ACCOUNTS AND BOOKS OF THE CORPO-
RATION, INCLUDING ITS RECEIPTS, DISBURSEMENTS, CONTRACTS, LEASES, SINK-
ING FUNDS, INVESTMENTS AND ANY OTHER RECORDS AND PAPERS RELATING TO ITS
FINANCIAL STANDING.
4. THE CORPORATION SHALL HAVE POWER, NOTWITHSTANDING THE PROVISIONS OF
THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY OF ITS BONDS AS TO THE
CUSTODY, COLLECTION, SECURING, INVESTMENT AND PAYMENT OF ANY MONEYS OF
THE CORPORATION OR ANY MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT
OF BONDS IN ANY WAY TO SECURE BONDS, AND TO CARRY OUT ANY SUCH CONTRACT
NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE PREVIOUS
PROVISIONS OF THIS SECTION.
5. MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR IN
ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH MONEYS MAY BE SECURED IN
THE SAME MANNER AS MONEYS OF THE CORPORATION, AND ALL BANKS AND TRUST
COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH DEPOSITS.
S 611. ISSUANCE OF BONDS AND NOTES BY CORPORATION. 1. THE CORPORATION
SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED, FROM TIME TO TIME, TO
ISSUE NEGOTIABLE BONDS AND NOTES IN SUCH AGGREGATE PRINCIPAL AMOUNTS AS
SHALL, IN THE OPINION OF THE CORPORATION, BE NECESSARY TOGETHER WITH
A. 9997 38
SUCH OTHER MONEYS OR FUNDS AS MAY BE AVAILABLE TO THE CORPORATION, TO
PROVIDE FUNDS SUFFICIENT TO ENABLE THE CORPORATION TO CARRY OUT ITS
CORPORATE PURPOSES, INCLUDING THE ACQUISITION, CONSTRUCTION, MAINTENANCE
AND REPAIR OF PERSONAL AND REAL PROPERTY, THE PAYMENT OF INTEREST ON AND
AMORTIZATION OF, OR PAYMENT OF SUCH BONDS AND NOTES, THE ESTABLISHMENT
OF RESERVES OR SINKING FUNDS TO SECURE SUCH BONDS AND NOTES, AND ALL
OTHER EXPENDITURES OF THE CORPORATION INCIDENT TO AND NECESSARY OR
DESIRABLE FOR THE CARRYING OUT OF ITS CORPORATE PURPOSES AND THE EXER-
CISE OF ITS POWERS. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE
CORPORATION, EVERY ISSUE OF ITS BONDS AND NOTES SHALL BE GENERAL OBLI-
GATIONS OF THE CORPORATION PAYABLE OUT OF ANY REVENUES OR MONEYS OF THE
CORPORATION, SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF PARTIC-
ULAR BONDS OR NOTES PLEDGING ANY PARTICULAR REVENUES OR MONEYS. WHETHER
OR NOT THE BONDS OR NOTES ARE OF SUCH FORM AND CHARACTER AS TO BE NEGO-
TIABLE INSTRUMENTS UNDER THE PROVISIONS OF ARTICLE EIGHT OF THE UNIFORM
COMMERCIAL CODE, THE BONDS AND NOTES SHALL BE AND ARE HEREBY MADE NEGO-
TIABLE INSTRUMENTS WITHIN THE MEANING OF AND FOR ALL THE PURPOSES OF
ARTICLE EIGHT OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO THE
PROVISIONS OF THE BONDS OR NOTES FOR REGISTRATION.
2. THE CORPORATION SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED, FROM
TIME TO TIME, TO ISSUE RENEWAL NOTES, AND TO REFUND ANY BONDS BY THE
ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT
MATURED, AND TO ISSUE BONDS TO PAY NOTES OR PARTLY TO REFUND BONDS THEN
OUTSTANDING. ANY OR ALL BONDS, NOTES OR OTHER OBLIGATIONS OF THE NEW
YORK CITY REGIONAL OFF-TRACK BETTING CORPORATION AND/OR THE NASSAU COUN-
TY REGIONAL OFF-TRACK BETTING CORPORATION AS SHALL BE OUTSTANDING ON THE
EFFECTIVE DATE HEREOF SHALL BECOME FULL FAITH OBLIGATIONS OF SAID METRO-
POLITAN REGIONAL OFF-TRACK BETTING CORPORATION AND SHALL BE CONSOL-
IDATED, ABSORBED, MODIFIED, RE-CAPITALIZED, RE-ISSUED, RE-FUNDED AND/OR
LIQUIDATED AS THE BOARD OF DIRECTORS OF THE METROPOLITAN REGIONAL
OFF-TRACK BETTING CORPORATION SHALL DETERMINE TO BE APPROPRIATE HERE-
UNDER OR IN ACCORDANCE WITH SECTIONS FIVE HUNDRED EIGHT AND/OR FIVE
HUNDRED ELEVEN OF THIS CHAPTER.
3. SUCH BONDS AND NOTES SHALL BE AUTHORIZED BY RESOLUTION OR RESOL-
UTIONS OF THE BOARD, AND SHALL MATURE AS SUCH RESOLUTION OR RESOLUTIONS
MAY PROVIDE. BONDS AND NOTES SHALL BEAR INTEREST AT SUCH RATE OR RATES,
BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER COUPON OR REGISTERED,
CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYA-
BLE IN SUCH MEDIUM OF PAYMENT, AT SUCH PLACE OR PLACES, AND BE SUBJECT
TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION OR RESOLUTIONS MAY
PROVIDE. BONDS AND NOTES MAY BE SOLD BY THE CORPORATION AT PUBLIC OR
PRIVATE SALE AT SUCH PRICE OR PRICES AS THE CORPORATION SHALL DETERMINE;
PROVIDED, HOWEVER, THAT NO SUCH BONDS OR NOTES MAY BE SOLD AT A PRIVATE
SALE UNLESS THE SALE AND THE TERMS THEREOF HAVE BEEN APPROVED BY THE
COMPTROLLER IN WRITING.
4. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY BONDS OR NOTES MAY
CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT OR CONTRACTS
WITH THE HOLDERS THEREOF, AS TO:
A. PLEDGING ALL OR ANY PART OF THE MONEYS OR REVENUES OR OTHER ASSETS
OF THE CORPORATION TO SECURE THE PAYMENT OF SUCH BONDS OR NOTES;
B. THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
OR DISPOSITION THEREOF;
C. LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF THE SALE OF
ANY ISSUE OF BONDS OR NOTES THEN OR THEREAFTER TO BE ISSUED MAY BE
APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT OF THE BONDS OR
NOTES OR ANY ISSUE THEREOF;
A. 9997 39
D. LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS OR NOTES; THE TERMS
UPON WHICH SUCH ADDITIONAL BONDS OR NOTES MAY BE ISSUED AND SECURED; THE
REFUNDING OF OUTSTANDING BONDS OR NOTES;
E. THE PROCEDURES, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH THE
HOLDERS OF BONDS OR NOTES MAY BE EXTENDED OR ABROGATED, THE AMOUNT OF
BONDS OR NOTES THE HOLDERS OF WHICH MUST CONSENT THERETO AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN;
F. THE CREATION OF SPECIAL FUNDS INTO WHICH ANY MONEYS OR REVENUES OF
THE CORPORATION MAY BE DEPOSITED;
G. LIMITATIONS ON THE AMOUNTS THAT THE CORPORATION MAY EXPEND FOR
ADMINISTRATIVE OR OTHER EXPENSES THEREOF;
H. VESTING IN A TRUSTEE SUCH PROPERTIES, RIGHTS, POWERS AND DUTIES IN
TRUST AS THE CORPORATION MAY DETERMINE AND LIMITING OR ABROGATING THE
RIGHT OF THE HOLDERS OF THE BONDS OR NOTES TO APPOINT A TRUSTEE UNDER
SECTION SIX HUNDRED SIXTEEN OF THIS ARTICLE;
I. DEFINING THE ACTS OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE A
DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE CORPORATION TO THE HOLDERS
OF THE BONDS OR NOTES AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE
HOLDERS OF THE BONDS OR NOTES IN THE EVENT OF SUCH DEFAULT, INCLUDING AS
A MATTER OF RIGHT THE APPOINTMENT OF A RECEIVER; PROVIDING, HOWEVER,
THAT SUCH RIGHTS AND REMEDIES SHALL NOT BE INCONSISTENT WITH THE GENERAL
LAWS OF THE STATE AND THE OTHER PROVISIONS OF THIS ARTICLE;
J. ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY WAY
AFFECT THE SECURITY OR PROTECTION OF THE HOLDERS OF THE BONDS OR NOTES.
5. ANY PLEDGE OF REVENUES, MONEYS OR PROPERTY MADE BY THE CORPORATION
SHALL BE VALID AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE; THE
REVENUES, MONEYS OR PROPERTY SO PLEDGED AND THEREAFTER RECEIVED BY THE
CORPORATION SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE
WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT, AND THE LIEN OF
ANY SUCH PLEDGE SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES HAVING
CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE CORPO-
RATION IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF.
NEITHER THE RESOLUTION OR RESOLUTIONS NOR ANY OTHER INSTRUMENT BY WHICH
A PLEDGE IS CREATED NEED BE RECORDED.
6. NEITHER THE DIRECTORS OF THE CORPORATION NOR ANY OTHER PERSON
EXECUTING SUCH BONDS OR NOTES SHALL BE SUBJECT TO ANY PERSONAL LIABILITY
OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
7. THE CORPORATION, SUBJECT TO SUCH AGREEMENTS WITH THE HOLDERS OF
BONDS OR NOTES AS MAY THEN EXIST, SHALL HAVE THE POWER OUT OF ANY FUNDS
AVAILABLE THEREFOR TO PURCHASE ANY BONDS OR NOTES ISSUED BY IT AT A
PRICE NOT EXCEEDING THE REDEMPTION PRICE THEREOF WHICH PRICE SHALL BE:
A. IF THE BONDS OR NOTES ARE THEN REDEEMABLE, THE REDEMPTION PRICE
THEN APPLICABLE PLUS ACCRUED INTEREST TO THE NEXT INTEREST PAYMENT DATE
THEREON, OR
B. IF THE BONDS OR NOTES ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE
APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON WHICH BONDS OR
NOTES BECOME SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SUCH DATE.
ALL BONDS OR NOTES SO PURCHASED SHALL BE CANCELLED.
S 613. AGREEMENT OF THE STATE. THE STATE DOES PLEDGE TO AND AGREE WITH
THE HOLDERS OF ANY AND ALL BONDS AND NOTES OF THE CORPORATION THAT THE
STATE WILL NOT AUTHORIZE ANY OFFICER OR AGENCY OF GOVERNMENT, OTHER THAN
THE CORPORATION, OR ANY PRIVATE PERSON, TO CONDUCT OFF-TRACK BETTING IN
THE CITY OR COUNTY ON HORSE RACES, NOR IN ANY MANNER LIMIT OR ALTER THE
RIGHTS HEREBY VESTED IN THE CORPORATION TO FULFILL THE TERMS OF ANY
AGREEMENTS MADE WITH THE SAID HOLDERS, OR IN ANY WAY IMPAIR THE RIGHTS
AND REMEDIES OF SUCH HOLDERS UNTIL THE BONDS AND NOTES, TOGETHER WITH
A. 9997 40
THE INTEREST THEREON, INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST,
AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING
BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND DISCHARGED. THE
CORPORATION IS AUTHORIZED TO INCLUDE THIS PLEDGE AND AGREEMENT OF THE
STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH BONDS OR NOTES.
S 614. STATE, CITY AND COUNTY NOT LIABLE ON BONDS AND NOTES. THE
BONDS, NOTES OR OTHER OBLIGATIONS OF THE CORPORATION SHALL NOT BE A DEBT
OF EITHER THE STATE, THE CITY OR THE COUNTY, AND NEITHER THE STATE, THE
CITY NOR THE COUNTY SHALL BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE
OUT OF ANY FUNDS OTHER THAN THOSE OF THE CORPORATION.
S 617. EXEMPTION FROM TAXATION. 1. THE MONEYS AND PROPERTY OF THE
CORPORATION AND ANY PROPERTY UNDER ITS JURISDICTION, CONTROL OR SUPER-
VISION, AND ALL OF ITS ACTIVITIES AND OPERATIONS SHALL BE EXEMPT FROM
TAXATION, PROVIDED THAT THE CORPORATION MAY ENTER INTO AGREEMENTS FOR
PAYMENTS IN LIEU OF TAXES WITH MUNICIPALITIES AND SCHOOL DISTRICTS IN
WHICH ANY OF ITS PROPERTY IS LOCATED.
2. THE STATE COVENANTS WITH THE PURCHASERS OF AND WITH ALL SUBSEQUENT
HOLDERS AND TRANSFEREES OF BONDS AND NOTES ISSUED BY THE CORPORATION
PURSUANT TO THIS ARTICLE, IN CONSIDERATION OF THE ACCEPTANCE OF AND
PAYMENT FOR THE SAID BONDS AND NOTES, THAT THE SAID BONDS AND NOTES AND
THE INCOME THEREFROM, AND ALL MONEYS, FUNDS AND REVENUE PLEDGED TO PAY
OR SECURE THE PAYMENT OF SUCH BONDS AND NOTES SHALL AT ALL TIMES BE FREE
FROM TAXATION, EXCEPT FOR ESTATE AND GIFT TAXES AND TAXES ON TRANSFERS.
S 623. INCONSISTENT PROVISIONS OF OTHER LAWS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS ARTICLE ARE INCONSISTENT WITH THE PROVISIONS OF
ANY OTHER LAW, GENERAL, SPECIAL OR LOCAL, OTHER THAN ARTICLE FIVE AND
ARTICLE FIVE-A OF THIS CHAPTER, THE PROVISIONS OF THIS ARTICLE SHALL BE
CONTROLLING.
S 624. TERMINATION OF THE CORPORATION. THE CORPORATION AND ITS CORPO-
RATE EXISTENCE SHALL CONTINUE UNTIL TERMINATED BY SPECIFIC ACT OF THE
STATE LEGISLATURE; PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT
SO LONG AS THE CORPORATION SHALL HAVE BONDS, NOTES OR OTHER OBLIGATIONS
OUTSTANDING. UPON TERMINATION OF THE EXISTENCE OF THE CORPORATION ALL OF
ITS RIGHTS, PROPERTY, ASSETS AND FUNDS SHALL THEREUPON VEST IN AND BE
POSSESSED BY THE STATE.
S 11. This act shall take effect immediately.