S T A T E O F N E W Y O R K
________________________________________________________________________
6758--A
I N S E N A T E
March 19, 2012
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing -- reported favorably from said committee and committed to the
Committee on Finance -- 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 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 109-a to read as follows:
S 109-A. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, "REBATE" SHALL
MEAN A PORTION OF PARI-MUTUEL WAGERS, OTHERWISE PAYABLE TO AN ASSOCI-
ATION, CORPORATION, FRANCHISED CORPORATION OR RACING FRANCHISEE CONDUCT-
ING PARI-MUTUEL BETTING AT A RACE MEETING ON RACES RUN AT A RACETRACK
OPERATED BY SUCH ASSOCIATION, CORPORATION OR FRANCHISED CORPORATION,
WHICH IS PAID TO HOLDERS OF PARI-MUTUEL WAGERING TICKETS AND WHICH
REDUCES THE AMOUNT OTHERWISE PAYABLE TO SUCH ASSOCIATION, CORPORATION,
FRANCHISED CORPORATION OR RACING FRANCHISEE. SUCH TERM 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 TICK-
ET, AWARDS OF MERCHANDISE, SERVICES SUCH AS MEALS, PARKING, ADMISSION,
SEATING AND PROGRAMS, FREE OR REDUCED COST PARI-MUTUEL WAGERS AND MONE-
TARY AWARDS, OR ANY OTHER BENEFIT THAT THE STATE GAMING COMMISSION DEEMS
APPROPRIATE TO REWARD HORSE RACING PATRONS FOR THEIR PARTICIPATION AT
RACE MEETINGS.
2. THE STATE GAMING COMMISSION, UPON APPLICATION OF AN ASSOCIATION,
CORPORATION, FRANCHISED CORPORATION OR RACING FRANCHISEE CONDUCTING
PARI-MUTUEL BETTING AT A RACE MEETING ON RACES RUN AT A RACETRACK OPER-
ATED BY SUCH ASSOCIATION, CORPORATION OR FRANCHISED CORPORATION, MAY
ANNUALLY APPROVE THE PAYMENT OF REBATES BY SUCH ASSOCIATION, CORPO-
RATION, FRANCHISED CORPORATION OR RACING FRANCHISEE, SUBJECT TO THE
FOLLOWING REQUIREMENTS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14792-02-2
S. 6758--A 2
A. THE APPLICANT DISCLOSES THE EXTENT OF THE REBATE PROGRAM. SUCH
DISCLOSURE SHALL INCLUDE A LISTING 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;
B. THE APPLICANT PROVIDES ASSURANCES THAT THE VALUES OF THE REBATES
ARE DETERMINED SOLELY BY (I) ATTENDANCE AT ONE OR MORE RACE MEETINGS,
(II) THE AMOUNT WAGERED BY A BETTOR, OR (III) HOW FREQUENTLY A BETTOR
WAGERS;
C. THE ASSOCIATION, CORPORATION, FRANCHISED CORPORATION OR RACING
FRANCHISEE 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, CORPORATION, FRANCHISED CORPO-
RATION OR RACING FRANCHISEE 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, CORPORATION, FRANCHISED CORPO-
RATION OR RACING FRANCHISEE CONDUCTING PARI-MUTUEL BETTING AT A RACE
MEETING ON RACES RUN AT A RACETRACK OPERATED BY SUCH ASSOCIATION, CORPO-
RATION, FRANCHISED CORPORATION OR RACING FRANCHISEE, ANOTHER RACING
ASSOCIATION, CORPORATION, FRANCHISED CORPORATION OR RACING FRANCHISEE
MAY PROVIDE BETTORS WITH REBATES ON WAGERS ON RACES RUN AT THE RACETRACK
OPERATED BY SUCH APPROVING ASSOCIATION, CORPORATION AT A RACETRACK OPER-
ATED BY SUCH ASSOCIATION, CORPORATION, FRANCHISED CORPORATION OR RACING
FRANCHISEE. 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 same date and in the same
manner as part A of chapter 60 of the laws of 2012 takes effect;
provided that effective immediately any rules, regulations and applica-
tions necessary to implement the provisions of this act on its effective
date are authorized to be completed on or before such date.