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This entry was published on 2018-04-27
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SECTION 1012
Account wagering
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 10
§ 1012. Account wagering. Racing associations and corporations,
franchised corporations, off-track betting corporations and
multi-jurisdictional account wagering providers may apply to the
commission to be licensed to offer account wagering.

1. Racing associations and corporations, franchised corporations,
off-track betting corporations and multi-jurisdictional account wagering
providers may form partnerships, joint ventures, or any other
affiliations or contractual arrangement in order to further the purposes
of this section. Multi-jurisdictional account wagering providers
involved in such joint affiliations or contractual arrangements shall
follow the same distributional policy with respect to retained
commissions as a multi-jurisdictional account wagering provider defined
in this article.

2. The commission shall promulgate rules and regulations to license
and regulate all phases of account wagering.

3. The commission shall specify a non-refundable application fee which
shall be paid by each applicant for an account wagering license or
renewal thereof.

4. Account wagering licensees shall utilize personal identification
numbers and such other technologies as the commission may specify to
assure that only the account holder has access to the advance deposit
wagering account.

5. Account wagering licensees shall provide for: a. withdrawals from
the wagering account only by means of a check made payable to the
account holder and sent to the address of the account holder or by means
of an electronic transfer to an account held by the verified account
holder or b. that the account holder may withdraw funds from the
wagering account at a facility approved by the commission by presenting
verifiable personal and account identification information.

6. Account wagering licensees may engage in interstate wagering
transactions only where there is compliance with chapter fifty-seven of
title fifteen of the United States code, commonly referred to as the
"interstate horse racing act".

7. The account holder's deposits to the wagering account shall be
submitted by the account holder to the account wagering licensee and
shall be in the form of one of the following: a. cash given to the
account wagering licensee; b. check, money order, negotiable order of
withdrawal, or wire or electronic transfer, payable and remitted to the
account wagering licensee; or c. charges made to an account holder's
debit or credit card upon the account holder's direct and personal
instruction, which instruction may be given by telephone communication
or other electronic means to the account wagering licensee or its agent
by the account holder if the use of the card has been approved by the
account wagering licensee.

8. a. Each wager shall be in the name of a natural person and shall
not be in the name of any beneficiary, custodian, joint trust,
corporation, partnership or other organization or entity.

b. A wagering account may be established by a person completing an
application form approved by the commission and submitting it together
with a certification, or other proof, of age and residency. Such form
shall include the address of the principal residence of the prospective
account holder and a statement that a false statement made in regard to
an application may subject the applicant to prosecution.

c. The prospective account holder shall submit the completed
application to the account wagering licensee. The account wagering
licensee may accept or reject an application after receipt and review of
the application and certification, or other proof, of age and residency
for compliance with this section.

d. No person other than the person in whose name an account has been
established may issue wagering instructions relating to that account or
otherwise engage in wagering transactions relating to that account.

9. A wagering account shall not be assignable or otherwise
transferable.

10. Except as otherwise provided in this article or in regulations
which the commission may adopt pursuant thereto, all account wagers
shall be final and no wager shall be canceled by the account holder at
any time after the wager has been accepted by the account wagering
licensee.

11. Dormant accounts shall be treated as abandoned property pursuant
to section three hundred of the abandoned property law.

12. Account wagering providers must possess appropriate totalizator
and accounting controls that will safeguard the transmission of wagering
data and will keep a system of accounts which will maintain a separate
record of revenues and an accounting of costs relative to the operation
of the wagering provider.

13. Wagers placed with the account wagering providers shall result in
the combination of all wagers placed with such provider with the
wagering pools at the host track so as to produce common pari-mutuel
betting pools for the calculation of odds and the determination of
payouts from such pools, which payout shall be the same for all winning
tickets, irrespective of whether a wager is placed at a host track or at
an account wagering provider.

14. Any account wagering licensee may require a minimum account
balance in an amount to be determined by such entity.

15. a. Any regional off-track betting corporation may suspend
collection of the surcharge imposed under section five hundred
thirty-two of this chapter on winning wagers placed in wagering accounts
maintained by such regional corporation.

b. In a city of one million or more any regional off-track betting
corporation, with the approval of the mayor of such city, may suspend
collection of the surcharge imposed under section five hundred
thirty-two of this chapter in winning wagers placed in wagering accounts
maintained by such regional corporation.

16. The maintenance and operation of such wagering accounts provided
for in this section shall be subject to rules and regulations of the
commission. The commission shall include in such regulation a
requirement that wagering account information pertaining to surcharge
and nonsurcharge wagering accounts shall be separately reported.

17. For the purposes of this section, "telephone wagering accounts"
shall mean and include all those wagers which utilize any wired or
wireless communications device, including but not limited to wireline
telephones, wireless telephones and the internet to transmit the
placement of wagers on races and special events offered by any regional
off-track betting corporation, and any harness, thoroughbred, quarter
horse racing association or corporation licensed or franchised to
conduct pari-mutuel racing in this state.

18. Every racing association, off-track betting corporation,
franchised corporation, harness, thoroughbred, quarter horse racing
association or corporation or other entity licensed or franchised in
this state to conduct pari-mutuel racing and wagering, or authorized to
conduct races within the state, which operates a wagering account for
the acceptance of wagers, shall locate the call center where such wagers
are received within the state of New York.