S T A T E O F N E W Y O R K
________________________________________________________________________
3793
2013-2014 Regular Sessions
I N S E N A T E
February 15, 2013
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to days of racing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 238 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:
(d) The pari-mutuel tax rate authorized by paragraph (a) of this
subdivision shall be effective so long as a franchised corporation noti-
fies the racing and wagering board by August fifteenth of each year that
such pari-mutuel tax rate is effective of its intent to conduct a race
meeting at Aqueduct racetrack during the months of December, January,
February, March and April. [For] NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, AND FOR purposes of this paragraph such race meeting shall
consist of not less than [ninety-five] SEVENTY-FIVE days of racing. Not
later than May first of each year that such pari-mutuel tax rate is
effective, the racing and wagering board shall determine whether a race
meeting at Aqueduct racetrack consisted of the number of days as
required by this paragraph. In determining the number of race days,
cancellation of a race day because of an act of God, which the racing
and wagering board approves or because of weather conditions that are
unsafe or hazardous which the racing and wagering board approves shall
not be construed as a failure to conduct a race day. Additionally,
cancellation of a race day because of circumstances beyond the control
of such franchised corporation for which the racing and wagering board
gives approval shall not be construed as a failure to conduct a race
day. If the racing and wagering board determines that the number of days
of racing as required by this paragraph have not occurred then the pari-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08533-01-3
S. 3793 2
mutuel tax rate in paragraph (a) of this subdivision shall revert to the
pari-mutuel tax rates in effect prior to January first, nineteen hundred
ninety-five. Such franchised corporation shall pay to the racing and
wagering board as a regulatory fee, which fee is hereby levied, fifty
hundredths of one per centum of the total daily on-track pari-mutuel
pools of such franchised corporation.
S 2. This act shall take effect February 1, 2013.