S T A T E O F N E W Y O R K
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10205
I N A S S E M B L Y
May 10, 2024
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
read once and referred to the Committee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to equine screening and advanced imaging expenses; and
providing for the repeal of certain provisions upon expiration thereof
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 902-a to read as follows:
§ 902-A. EQUINE SCREENING AND ADVANCED IMAGING EXPENSES. 1. IN ORDER
TO ASSURE THE PUBLIC'S CONFIDENCE AND CONTINUE THE HIGH DEGREE OF INTEG-
RITY IN RACING AT THE PARI-MUTUEL BETTING TRACKS, CLINICAL SERVICES
RELATED TO SCREENING AND ADVANCED IMAGING SHALL BE CONDUCTED BY A LAND
GRANT UNIVERSITY WITHIN THIS STATE AT A LOCATION PROXIMATE TO A RACE-
TRACK OWNED BY THE STATE.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE LAND GRANT
UNIVERSITY'S COSTS OF OPERATING SUCH PREVENTIVE SCREENING AND ADVANCED
IMAGING SERVICES SHALL BE OFFSET BY AN ASSESSMENT COLLECTED BY THE
COMMISSION PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE THOUSAND
TWELVE-A OF THIS CHAPTER, AND DISTRIBUTED BY THE COMMISSION TO SUCH LAND
GRANT UNIVERSITY. THE COMMISSION SHALL DETERMINE THE DISTRIBUTION SCHED-
ULE OF SUCH ASSESSMENTS TO THE LAND GRANT UNIVERSITY OUTLINED IN THIS
SUBDIVISION, PROVIDED THAT SUCH DISTRIBUTIONS OCCUR IN A REASONABLE
AMOUNT OF TIME SUBSEQUENT TO THE COMMISSION COLLECTING SUCH ASSESSMENTS.
3. IN CONSIDERATION OF THE STATE AND INDUSTRY SUPPORT PROVIDED FOR THE
SCREENING AND ADVANCED IMAGING SERVICES TO THE LAND GRANT UNIVERSITY:
(A) THE CLINICAL SERVICES SHALL BE PROVIDED FOR THE BENEFIT OF NEW YORK
HORSEMEN AT REASONABLE COSTS; AND (B) ANY DATA OR EDUCATIONAL MATERIAL
GENERATED FROM SUCH PROGRAM SHALL BE SHARED WITH THE COMMISSION AND ANY
ENTITY LICENSED OR FRANCHISED PURSUANT TO ARTICLE ONE OR TWO OF THIS
CHAPTER.
§ 2. Subdivision 6 of section 1012-a of the racing, pari-mutuel wager-
ing and breeding law, as amended by chapter 243 of the laws of 2020, is
amended and a new subdivision 7 is added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15547-03-4
A. 10205 2
6. multi-jurisdictional account wagering providers shall pay a market
origin fee equal to five percent on each wager accepted from New York
residents. Multi-jurisdictional account wagering providers shall make
the required payments to the market origin account on or before the
fifth business day of each month and such required payments shall cover
payments due for the period of the preceding calendar month; provided,
however, that such payments required to be made on April fifteenth shall
be accompanied by a report under oath, showing the total of all such
payments, together with such other information as the commission may
require. A penalty of five percent and interest at the rate of one
percent per month from the date the report is required to be filed to
the date the payment shall be payable in case any payments required by
this subdivision are not paid when due. If the commission determines
that any moneys received under this subdivision were paid in error, the
commission may cause the same to be refunded without interest out of any
moneys collected thereunder, provided an application therefor is filed
with the commission within one year from the time the erroneous payment
was made. The commission shall pay into the racing regulation account,
under the joint custody of the comptroller and the commission, the total
amount of the fee collected pursuant to this section[.]; AND
7. ANY MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDERS THAT ARE NOT
CONTROLLED BY AN ENTITY OTHERWISE LICENSED OR FRANCHISED IN THIS STATE
TO CONDUCT PARI-MUTUEL WAGERING PURSUANT TO ARTICLE TWO OR THREE OF THIS
CHAPTER THROUGH WHICH NEW YORK RESIDENTS HAVE WAGERED AN AGGREGATE
AMOUNT OF AT LEAST FIFTEEN MILLION DOLLARS IN EVERY MONTH OF CALENDAR
YEAR TWO THOUSAND TWENTY-THREE SHALL PAY AN ADDITIONAL ASSESSMENT OF
0.03 PERCENT NOT TO EXCEED ONE MILLION DOLLARS IN CALENDAR YEAR TWO
THOUSAND TWENTY-FOUR, AND 0.05 PERCENT NOT TO EXCEED ONE MILLION SEVEN
HUNDRED FIFTY THOUSAND DOLLARS IN CALENDAR YEARS TWO THOUSAND TWENTY-
FIVE THROUGH TWO THOUSAND TWENTY-NINE, WHICH SHALL BE DISTRIBUTED PURSU-
ANT TO SECTION NINE HUNDRED TWO-A OF THIS CHAPTER. THIS ASSESSMENT SHALL
CONTINUE ONLY AS LONG AS NECESSARY TO FUND THE OPERATIONS OF THE SCREEN-
ING AND ADVANCED IMAGING CLINICAL SERVICES DESCRIBED IN SUCH SECTION.
§ 3. This act shall take effect immediately; provided, however, that
sections one and two of this act shall expire on March 31, 2029 when
upon such date the provisions of such sections shall be deemed repealed.