Assembly Bill A3648

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

                                  3648

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation to authorizing the payment of rebates on pari-mutuel wagers

  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 113 to read as follows:
  S  113.  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. SUCH TERM SHALL BE DEFINED IN RULES PROMULGATED BY
THE  BOARD AND MAY INCLUDE, BUT NOT BE LIMITED TO, REFUNDS TO HOLDERS OF
PARI-MUTUEL WAGERING TICKETS OF ANY PORTION OR PERCENTAGE  OF  THE  FULL
FACE  VALUE  OF  A PARI-MUTUEL WAGER, INCREASING THE PAYOFF OF, PAYING A
BONUS ON A WINNING PARI-MUTUEL TICKET OR ANY  OTHER  BENEFIT  THE  BOARD
DEEMS  APPROPRIATE TO REWARD RACING FAN PATRONS.  REBATES SHALL INCLUDE,
BUT NOT BE LIMITED TO, AWARDS OF MERCHANDISE, SERVICES  SUCH  AS  MEALS,
PARKING,  ADMISSION, SEATING AND PROGRAMS, FREE OR REDUCED COST PARI-MU-
TUEL 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.
                                                           LBD05802-01-1
              

A. 3648                             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. This act shall take effect on the first of January next  succeed-
ing  the  date on which it shall have become a law, provided that effec-
tive immediately any rules, regulations and  applications  necessary  to
implement  the  provisions of this act on its effective date are author-
ized to be completed on or before such date.