S T A T E O F N E W Y O R K
________________________________________________________________________
3286--A
2009-2010 Regular Sessions
I N S E N A T E
March 13, 2009
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to rebates and free passes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The racing, pari-mutuel wagering and breeding law is
amended by adding a new section 112 to read as follows:
S 112. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, "REBATE" SHALL
MEAN A PORTION OF PARI-MUTUEL WAGERS, OTHERWISE PAYABLE TO AN ASSOCI-
ATION OR CORPORATION CONDUCTING PARI-MUTUEL BETTING AT A RACE MEETING ON
RACES RUN THEREAT, WHICH IS PAID TO HOLDERS OF PARI-MUTUEL WAGERING
TICKETS AND WHICH REDUCES THE AMOUNT OTHERWISE PAYABLE TO SUCH ASSOCI-
ATION OR CORPORATION. REBATES SHALL INCLUDE, BUT NOT BE LIMITED TO,
REFUNDS TO HOLDERS OF PARI-MUTUEL WAGERING TICKETS ON ANY PORTION OR
PERCENTAGE OF THE FULL FACE VALUE OF A PARI-MUTUEL WAGER, INCREASING THE
PAYOFF OF OR PAYING A BONUS ON A WINNING PARI-MUTUEL TICKET, AWARDS OF
MERCHANDISE, SERVICES SUCH AS MEALS, PARKING, ADMISSION, SEATING AND
PROGRAMS, FREE OR REDUCED COST PARI-MUTUEL WAGERS, AND MONETARY AWARDS.
2. THE RACING AND WAGERING BOARD, UPON APPLICATION OF AN ASSOCIATION
OR CORPORATION CONDUCTING PARI-MUTUEL BETTING AT A RACE MEETING ON RACES
RUN THEREAT, MAY ANNUALLY APPROVE THE PAYMENT OF REBATES BY SUCH ASSOCI-
ATION OR CORPORATION, SUBJECT TO THE FOLLOWING REQUIREMENTS:
A. THE APPLICANT FULLY DISCLOSES THE EXTENT OF THE REBATE PROGRAM.
FULL DISCLOSURE SHALL INCLUDE THE DISCLOSURE OF THE MONETARY VALUE OF
ALL REBATES PAID TO BETTORS DURING THE PREVIOUS CALENDAR YEAR, AND THE
TERMS AND CONDITIONS GOVERNING THE AWARD OF REBATES TO BETTORS FOR THE
CALENDAR YEAR TO WHICH THE APPLICATION APPLIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05302-04-9
S. 3286--A 2
B. THE APPLICANT PROVIDES ASSURANCES THAT THE VALUES OF THE REBATES
ARE DETERMINED SOLELY BY (I) THE AMOUNT WAGERED BY A BETTOR, (II) THE
AMOUNT PAYABLE TO THE ASSOCIATION OR CORPORATION ON EACH WAGER, AND
(III) HOW FREQUENTLY A BETTOR WAGERS;
C. THE ASSOCIATION OR CORPORATION MAINTAINS RECORDS OF ALL WAGERS
SUBJECT TO A REBATE, FOR A PERIOD OF NOT LESS THAN THREE YEARS; AND
D. THE APPLICANT DEMONSTRATES THAT SUCH REBATES ARE IN THE BEST INTER-
ESTS OF HORSE RACING.
3. REGIONAL OFF-TRACK BETTING CORPORATIONS MAY OFFER REBATES ON WAGERS
MADE ON RACES RUN BY ANY ASSOCIATION OR CORPORATION WHICH OFFERS REBATES
PURSUANT TO THIS SECTION. SUCH REBATES SHALL BE SUBJECT TO THE
PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
4. UPON THE APPROVAL OF AN ASSOCIATION OR CORPORATION CONDUCTING
PARI-MUTUEL BETTING AT A RACE MEETING ON RACES RUN THEREAT, ANOTHER
RACING ASSOCIATION OR CORPORATION MAY PROVIDE BETTORS WITH REBATES ON
WAGERS ON RACES RUN AT THE RACETRACK OPERATED BY SUCH APPROVING ASSOCI-
ATION OR CORPORATION. ALL SUCH REBATES SHALL BE SUBJECT TO THE
PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
S 2. Section 243 of the racing, pari-mutuel wagering and breeding law,
as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
S 243. Free passes, cards or badges. A corporation licensed or fran-
chised to conduct pari-mutuel betting on races run on its racetrack[,
shall not] MAY issue free passes, cards or badges [except] to [persons
hereafter described:] ANY QUALIFIED PERSON. QUALIFIED PERSON SHALL
INCLUDE, BUT NOT BE LIMITED TO, officers and employees of the corpo-
ration conducting the race meeting, members, officers and employees of
the state racing and wagering board, members and employees of the jockey
club, members and employees of the national steeplechase and hunt asso-
ciation, members of turf organizations of other states and foreign coun-
tries, public officers engaged in the performance of their duties,
persons actually employed and accredited by the press to attend such
meetings, owners, stable managers, trainers, jockeys, jockey managers,
grooms, concessionaires, spouses, domestic partners and children of
owners, trainers and jockeys, [and] other persons whose actual duties
require their presence at such racetrack, AND ANY OTHER PERSON OR GUEST
DEEMED APPROPRIATE BY SUCH CORPORATION. IN ADDITION, FREE PASSES, CARDS
OR BADGES MAY BE ISSUED TO THE GENERAL PUBLIC IN CONNECTION WITH ANY
PROMOTIONAL CAMPAIGN OR MARKETING PROGRAM SPONSORED BY SUCH CORPORATION
TO INCREASE ATTENDANCE AT LIVE RACE MEETS. The issuance of free passes,
cards or badges shall be under the rules and regulations of the state
racing and wagering board [and a list of all persons to whom free pass-
es, cards or badges are issued shall be filed with the state racing and
wagering board].
S 3. Section 324 of the racing, pari-mutuel wagering and breeding law
is amended to read as follows:
S 324. Free passes, cards or badges. A corporation or association
licensed to conduct pari-mutuel betting on harness horse races run at
its racetrack [shall not] MAY issue free passes, cards or badges
[except] to [persons hereafter described:] ANY QUALIFIED PERSON. QUALI-
FIED PERSON SHALL INCLUDE, BUT NOT BE LIMITED TO, officers and employees
of the corporation or association conducting the race meeting, members,
officers and employees of the state racing and wagering board, members
of harness racing associations of other states and foreign countries,
public officers engaged in the performance of their duties, persons
actually employed and accredited by the press to attend such meetings,
S. 3286--A 3
owners, stable managers, trainers, drivers, concessionaires [and],
SPOUSES, DOMESTIC PARTNERS AND CHILDREN OF OWNERS, TRAINERS AND JOCKEYS,
other persons whose actual duties require their presence at such race-
track, AND ANY OTHER PERSON OR GUEST DEEMED APPROPRIATE BY SUCH CORPO-
RATION OR ASSOCIATION. IN ADDITION, FREE PASSES, CARDS OR BADGES MAY BE
ISSUED TO THE GENERAL PUBLIC IN CONNECTION WITH ANY PROMOTIONAL CAMPAIGN
OR MARKETING PROGRAM SPONSORED BY SUCH CORPORATION OR ASSOCIATION TO
INCREASE ATTENDANCE AT LIVE RACE MEETS. The issuance of free passes,
cards or badges shall be under the rules and regulations of the state
racing and wagering board [and a list of all persons to whom free pass-
es, cards or badges are issued shall be filed with the state racing and
wagering board].
S 4. Section 422 of the racing, pari-mutuel wagering and breeding law
is amended to read as follows:
S 422. Free passes, cards or badges. A corporation or association
licensed to conduct pari-mutuel betting on quarter horse races run at
its racetrack [shall] MAY issue free passes, cards or badges to [persons
hereafter described:] ANY QUALIFIED PERSON. QUALIFIED PERSON SHALL
INCLUDE, BUT NOT BE LIMITED TO, officers and employees of the corpo-
ration or association conducting the race meeting, members, officers and
employees of the state racing and wagering board, members of quarter
horse racing associations of other states and foreign countries, public
officers engaged in the performance of their duties, persons actually
employed and accredited by the press to attend such meetings, owners,
stable managers, trainers, jockeys, concessionaires [and], SPOUSES,
DOMESTIC PARTNERS AND CHILDREN OF OWNERS, TRAINERS AND JOCKEYS, other
persons whose actual duties require their presence at such racetrack,
AND ANY OTHER PERSON OR GUEST DEEMED APPROPRIATE BY SUCH CORPORATION OR
ASSOCIATION. IN ADDITION, FREE PASSES, CARDS OR BADGES MAY BE ISSUED TO
THE GENERAL PUBLIC IN CONNECTION WITH ANY PROMOTIONAL CAMPAIGN OR
MARKETING PROGRAM SPONSORED BY SUCH CORPORATION OR ASSOCIATION TO
INCREASE ATTENDANCE AT LIVE RACE MEETS. The issuance of free passes,
cards or badges shall be under the rules and regulations of the state
racing and wagering board [and a list of all persons to whom free pass-
es, cards or badges are issued shall be filed with the state racing and
wagering board].
S 5. This act shall take effect immediately.
