S T A T E   O F   N E W   Y O R K
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                                  2743

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  MARKEY  --  Multi-Sponsored  by  -- M. of A.
  V. LOPEZ, MAYERSOHN, SEMINERIO  --  read  once  and  referred  to  the
  Committee on Racing and Wagering

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to providing for the New York state  pari-mutuel  credit  for
  the  promotion  of  equine sports and providing for the repeal of such
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 241 of the racing, pari-mutuel wagering and breed-
ing law, as amended by chapter 18 of the laws of  2008,  is  amended  to
read as follows:
  S 241. Disposition of unpaid money due on account of pari-mutuel tick-
ets  not  presented.  1.  The  sum held by any corporation authorized to
conduct pari-mutuel betting for payment of outstanding winning  pari-mu-
tuel tickets and for refunding the price of pari-mutuel tickets shall be
retained  by such corporation for such purposes until April first of the
succeeding year; provided, however, that ninety-five per centum of  such
sum  remaining  unclaimed  as  of  the last day of February of such year
shall be paid to  the  department  of  taxation  and  finance  by  March
fifteenth.  On  April tenth, the balance of such sum remaining unclaimed
and any other unclaimed amount received  in  the  course  of  conducting
pari-mutuel  betting  shall  be  paid  to the department of taxation and
finance. A penalty of five per centum and interest at the  rate  of  one
per  centum  per  month  from the due date to the date of payment of the
unclaimed balance due March fifteenth or April tenth, as  the  case  may
be,  shall  be  payable  in case such balance is not paid when due. Such
amounts, interest and penalties when collected  shall  be  paid  by  the
department  of  taxation  and finance into the general fund of the state
treasury.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03039-01-9

              

A. 2743                             2

  2. COMMENCING JULY  FIFTEENTH,  TWO  THOUSAND  NINE  THERE  IS  HEREBY
AUTHORIZED PURSUANT TO THIS SECTION AN EXPERIMENTAL PROGRAM KNOWN AS THE
"NEW  YORK STATE PARI-MUTUEL CREDIT FOR THE PROMOTION OF EQUINE SPORTS".
NEW YORK CITY OFF-TRACK BETTING  CORPORATION  AND  FINGER  LAKES  RACING
ASSOCIATION,  INC.  SHALL RECEIVE A CREDIT OF ONE HUNDRED FIFTY THOUSAND
DOLLARS EACH TOWARD ACTUAL EXPENDITURES FROM THE AMOUNTS OWED IN  SUBDI-
VISION  ONE  OF THIS SECTION PROVIDED THAT ALL OF THE FOLLOWING CRITERIA
ARE MET:
  (A) A WRITTEN AGREEMENT IS ENTERED INTO BETWEEN THE PARTIES  ITEMIZING
THE  PROPOSED  EXPENDITURES  FOR THE PROMOTION OF RACING AT FINGER LAKES
RACETRACK AND TOURISM IN THE FINGER LAKES REGION OF NEW YORK STATE;
  (B) THE WRITTEN AGREEMENT IS APPROVED BY THE  CHAIRMAN  OF  THE  STATE
RACING AND WAGERING BOARD; AND
  (C)  THE  PROMOTIONAL  ACTIVITIES ARE LIMITED TO PRINT AND MULTI-MEDIA
ADVERTISING; PROMOTIONAL GIVEAWAYS OF ITEMS WITH A FAIR MARKET VALUE  OF
LESS  THAN THIRTY DOLLARS; PURSE ENHANCEMENTS OF SPECIAL RACES FEATURING
NEW YORK BRED HORSES AT THE FINGER LAKES RACETRACK; HANDICAPPING TOURNA-
MENT PRIZES JOINTLY ADMINISTERED BY  NEW  YORK  CITY  OFF-TRACK  BETTING
CORPORATION  AND  FINGER  LAKES  RACING ASSOCIATION, INC.; PRIZES WITH A
FAIR MARKET VALUE OF LESS THAN ONE THOUSAND DOLLARS FOR VACATIONS IN THE
FINGER LAKES REGION OF NEW YORK STATE; ANY OTHER PROMOTIONAL  ACTIVITIES
SPECIFICALLY APPROVED IN WRITING BY THE CHAIRMAN OF THE STATE RACING AND
WAGERING BOARD.
  3.  ON  OR  BEFORE  APRIL  TENTH, TWO THOUSAND TEN THE CHAIRMAN OF THE
STATE RACING AND WAGERING BOARD SHALL CERTIFY TO THE DEPARTMENT OF TAXA-
TION AND FINANCE THE ACTUAL CREDITS ENTITLED TO BE CLAIMED BY  NEW  YORK
CITY  OFF-TRACK BETTING CORPORATION AND FINGER LAKES RACING ASSOCIATION,
INC. TOWARD THE SUMS OWED IN SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect July 15, 2009 and shall expire and  be
deemed repealed April 10, 2010.