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This entry was published on 2020-10-16
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Casino gaming expenditures
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 4
§ 1330-a. Casino gaming expenditures. 1. (a) In addition to any other
registration or reporting required by law, any entity licensed under
section sixteen hundred seventeen-a of the tax law, or that possesses a
pari-mutuel wagering license or franchise awarded pursuant to article
two or three of this chapter that makes an expenditure of more than one
thousand dollars for any written, typed, or other printed communication,
or any internet-based communication, or any television or radio
communication, or any automated or paid telephone communications, in
support or opposition to any referendum authorized by the state
legislature following second passage of a concurrent resolution to amend
the state constitution to permit or authorize casino gaming to a general
public audience, shall file any reports required pursuant to the
election law simultaneously with the gaming commission and shall provide
such additional reports as required by the commission. This requirement
shall apply irrespective of whether such entity makes such expenditure
directly or indirectly via one or more persons. The commission shall
promulgate regulations to implement the requirements of this section.

(b) Casino gaming expenditures do not include expenditures in
connection with:

(i) a written news story, commentary, or editorial or a news story,
commentary, or editorial distributed through the facilities of any
broadcasting station, cable or satellite unless such publication or
facilities are owned or controlled directly or indirectly by the person
making such expenditure; or

(ii) a communication published on the Internet, unless the
communication is a paid advertisement.

(c) For purposes of this section, the term "person" shall mean person,
group of persons, corporation, unincorporated business entity, labor
organization or business, trade or professional association or
organization, or political committee.

(d) A knowing or willful violation of the provisions of this section
shall subject the person to a civil penalty equal to up to one hundred
thousand dollars or the cost of the communication, whichever is greater,
imposed by the gaming commission for each violation.

2. A copy of all communications paid for by the casino gaming
expenditure, including but not limited to broadcast, cable or satellite
schedules and scripts, advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter and statements or
information conveyed to one thousand or more members of a general public
audience shall be filed with the gaming commission with the statements
required this article.