S T A T E O F N E W Y O R K
________________________________________________________________________
5445
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
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Introduced by M. of A. WOERNER -- 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 racing support payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1355 of the racing, pari-mutuel wagering and breed-
ing law is amended by adding a new subdivision 3 to read as follows:
3. (A) BY THE LAST DAY OF THE FIRST MONTH FOLLOWING THE END OF EACH
FISCAL QUARTER, THE RELEVANT HORSEMEN AND BREEDERS ORGANIZATIONS SHALL
PROVIDE THE LICENSEE WITH A CALCULATION OF THE SUPPORT PAYMENT OWED BY
THE LICENSEE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, WITH RESPECT TO SUCH FISCAL QUARTER; PROVIDED, HOWEVER, WITH
RESPECT TO THE SUPPORT PAYMENT FOR THE FOURTH FISCAL QUARTER, THE RELE-
VANT HORSEMEN AND BREEDERS ORGANIZATIONS ARE NOT REQUIRED TO PROVIDE
SUCH CALCULATION EARLIER THAN FIVE BUSINESS DAYS AFTER THE AVERAGE ANNU-
AL CHANGE HAS BEEN PUBLISHED FOR THE APPLICABLE YEAR. WHEN PROVIDING ITS
CALCULATION OF ANY SUPPORT PAYMENT TO THE LICENSEE, THE RELEVANT HORSE-
MEN AND BREEDERS ORGANIZATIONS SHALL ALSO SIMULTANEOUSLY PROVIDE TO THE
LICENSEE REASONABLE DETAIL SUPPORTING SUCH CALCULATION.
(B) WITHIN FIFTEEN BUSINESS DAYS AFTER THE LATER OF: (I) RECEIVING THE
RELEVANT HORSEMEN AND BREEDERS ORGANIZATIONS' CALCULATION WITH RESPECT
TO ANY SUPPORT PAYMENT AND (II) THE LAST DAY OF THE FIRST MONTH FOLLOW-
ING THE END OF EACH FISCAL QUARTER, THE LICENSEE SHALL DEPOSIT SUCH
SUPPORT AMOUNT INTO AN ESCROW ACCOUNT ESTABLISHED BY THE COMMISSION IN A
BANK OR TRUST COMPANY DOING BUSINESS IN THIS STATE. IF THE LICENSEE
AGREES WITH ANY SUCH CALCULATION, SUCH FUNDS DEPOSITED INTO THE ESCROW
ACCOUNT SHALL BE IMMEDIATELY TRANSFERRED BY THE COMMISSION TO THE PURSE
ACCOUNT. IF THE LICENSEE DISPUTES THE CALCULATION OF ANY SUPPORT PAYMENT
PROVIDED BY THE RELEVANT HORSEMEN AND BREEDERS ORGANIZATIONS, THEN
REPRESENTATIVES OF THE LICENSEE AND THE RELEVANT HORSEMEN AND BREEDERS
ORGANIZATIONS MAY MAKE A DEMAND FOR EXPEDITED ARBITRATION BY THE COMMIS-
SION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03060-03-1