S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6352
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 the disposition of pari-mutuel  pools  of  the  franchised
   corporation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph c of subdivision 2 of section 238 of the  racing,
 pari-mutuel  wagering and breeding law, as amended by chapter 243 of the
 laws of 2020, is amended to read as follows:
   c. An amount equal to [three] FIVE AND NINETY-FOUR HUNDREDTHS  percent
 of  the  total  pools resulting from on-track regular bets and an amount
 equal to five and ninety-four hundredths  percent  of  the  total  pools
 resulting  from on-track multiple and exotic bets, and twelve percent of
 the total pools resulting from super exotic bets shall  be  used  exclu-
 sively  for  purses  (including  stakes, premiums and prizes) awarded in
 races conducted by such franchised  corporation.  Any  portion  of  such
 percent  not so used during any year shall be so used during the follow-
 ing year, failing which such portion shall be payable to the commission-
 er as additional tax. Such additional tax shall be payable on or  before
 April  first in the year following the year in which such portion is not
 so used and the provisions of paragraph a of this subdivision  shall  be
 applicable thereto except as to the time of payment.
   §  2. Paragraph b of subdivision 8 of section 212 of the racing, pari-
 mutuel wagering and breeding law, as amended by chapter 243 of the  laws
 of 2020, is amended to read as follows:
   b. Notwithstanding any other provision of this article, the franchised
 corporation shall be entitled to make capital expenditures, except those
 capital expenditures for the Saratoga Racecourse that may, on the advice
 of the New York state historic preservation office, adversely impact any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11009-02-1

 S. 6352                             2
 
 historic  structure  that is included in or is eligible for inclusion in
 the national or state register of historic places, to the physical plant
 of the racetracks, grandstand, backstretch, parking and public areas set
 forth  in  the  New  York  Racing Association's capital expenditure plan
 ("capital plan") filed with the [commission] RACING AND  WAGERING  BOARD
 in  two thousand seven. Any material modification to the capital plan as
 determined by the franchise oversight  board  and  each  future  capital
 investment  plan  for  the  tracks, grandstand, backstretch, parking and
 public areas of the racetracks operated by  the  franchised  corporation
 involving  the  expenditure  of  more  than  five million dollars in the
 aggregate shall require the prior approval of  the  franchise  oversight
 board.  Within  five  years  from  the date of commencement of the video
 lottery terminal operations at Aqueduct, and every five years  thereaft-
 er,  the  franchised  corporation  shall submit to the oversight board a
 capital plan for the five-year period commencing on January first of the
 following year. Such plans shall contain both  the  intended  object  of
 expenditure and the proposed sources of financing. The franchised corpo-
 ration  shall report to the franchise oversight board within ninety days
 following the end of each fiscal year as to the amount spent pursuant to
 the capital plan.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full  force  and  effect  on  and after October 7, 2020;
 provided, however, that the amendments  to  section 212 of  the  racing,
 pari-mutuel  wagering  and  breeding law made by section two of this act
 shall  not  affect  the  repeal  of  such section  and  shall be  deemed
 repealed therewith.