STATE OF NEW YORK
________________________________________________________________________
3793
2013-2014 Regular Sessions
IN SENATE
February 15, 2013
___________
Introduced by Sen. BONACIC -- 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 days of racing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 1 of section 238 of the
2 racing, pari-mutuel wagering and breeding law, as amended by chapter 18
3 of the laws of 2008, is amended to read as follows:
4 (d) The pari-mutuel tax rate authorized by paragraph (a) of this
5 subdivision shall be effective so long as a franchised corporation noti-
6 fies the racing and wagering board by August fifteenth of each year that
7 such pari-mutuel tax rate is effective of its intent to conduct a race
8 meeting at Aqueduct racetrack during the months of December, January,
9 February, March and April. [For] Notwithstanding any provision of law to
10 the contrary, and for purposes of this paragraph such race meeting shall
11 consist of not less than [ninety-five] seventy-five days of racing. Not
12 later than May first of each year that such pari-mutuel tax rate is
13 effective, the racing and wagering board shall determine whether a race
14 meeting at Aqueduct racetrack consisted of the number of days as
15 required by this paragraph. In determining the number of race days,
16 cancellation of a race day because of an act of God, which the racing
17 and wagering board approves or because of weather conditions that are
18 unsafe or hazardous which the racing and wagering board approves shall
19 not be construed as a failure to conduct a race day. Additionally,
20 cancellation of a race day because of circumstances beyond the control
21 of such franchised corporation for which the racing and wagering board
22 gives approval shall not be construed as a failure to conduct a race
23 day. If the racing and wagering board determines that the number of days
24 of racing as required by this paragraph have not occurred then the pari-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08533-01-3
S. 3793 2
1 mutuel tax rate in paragraph (a) of this subdivision shall revert to the
2 pari-mutuel tax rates in effect prior to January first, nineteen hundred
3 ninety-five. Such franchised corporation shall pay to the racing and
4 wagering board as a regulatory fee, which fee is hereby levied, fifty
5 hundredths of one per centum of the total daily on-track pari-mutuel
6 pools of such franchised corporation.
7 § 2. This act shall take effect February 1, 2013.
