* § 136. Pari-mutuel wagering tax. 1. Notwithstanding any law to the
contrary, the excise tax imposed on any racing association or
corporation or regional off-track betting corporation, authorized to
conduct pari-mutuel wagering shall be seven-tenths of one percent (0.7%)
of all money wagered through such association or corporation.

2. Beginning with state fiscal year two thousand twenty-six, the
aggregate amount of the pari-mutuel wagering tax paid by a harness track
pursuant to paragraph (b) of subdivision one of this section in a state
fiscal year shall not exceed the pari-mutuel wagering tax attributable
to live racing handle paid by such harness track in state fiscal year
two thousand twenty-four.

3. All pari-mutuel wagering taxes shall be collected and remitted in
the same manner as such taxes were collected and remitted prior to the
enactment of this section.

4. Breaks, as defined in sections two hundred thirty-six, two hundred
thirty-eight, three hundred eighteen, and four hundred eighteen of this
chapter are not permitted, unless required by another jurisdiction
pursuant to section nine hundred five of this chapter. All distributions
to the holders of winning tickets shall be calculated to the nearest
penny.

5. Notwithstanding subdivision four of this section, a racetrack may
round to the nearest nickel for bets made at the facility, however the
breaks must be directed to the retired and rescued thoroughbred horse
aftercare fund pursuant to section two hundred nine-n of the tax law if
the bet was made on a thoroughbred race, and to the retired and rescued
standardbred horse aftercare fund pursuant to section two hundred nine-o
of the tax law if the bet was made on a standardbred race.

* NB Effective September 1, 2025