Bill Text: NY S05812 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires the licensing of franchised corporations, racing associations, off-track betting corporations and multi-jurisdictional account wager providers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO RACING, GAMING AND WAGERING [S05812 Detail]

Download: New_York-2011-S05812-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5812
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 17, 2011
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
         relation  to  the  simulcast  of  horse  races,  account  wagering and
         winnings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1001 of the racing, pari-mutuel wagering and breed-
    2  ing  law, as added by chapter 363 of the laws of 1984, subdivisions n, o
    3  and p as added by chapter 445 of the laws of 1997, is amended to read as
    4  follows:
    5    S 1001. Definitions. As used in  this  article,  the  following  terms
    6  shall have the following meanings:
    7    a.  "Simulcast" means the telecast of live audio and visual signals of
    8  running, harness or quarter horse races [conducted in the state] for the
    9  purposes of pari-mutuel wagering;
   10    b. "Track" means the grounds or enclosures within  which  horse  races
   11  are conducted by any person, association or corporation lawfully author-
   12  ized  to  conduct such races in accordance with the terms and conditions
   13  of this chapter OR THE LAWS OF ANOTHER JURISDICTION;
   14    c. "Sending track" means any track from which simulcasts originate;
   15    d. "Receiving track" means any track where simulcasts originated  from
   16  another track are displayed;
   17    e.  "Applicant"  means  any  association or corporation applying for a
   18  simulcast license in accordance with the provisions of this article;
   19    f. "Operator" means any association or corporation operating a  simul-
   20  cast facility in accordance with the provisions of this article;
   21    g. "Regional track or tracks" means any or all tracks located within a
   22  region  defined  as  an  off-track  betting  region, except that for the
   23  purposes of section one thousand eight of this article any track located
   24  in New York city, or Nassau, Suffolk and Westchester counties, shall  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13190-01-1
       S. 5812                             2
    1  deemed  a  regional  track  for  all regions located in district one, as
    2  defined in this section;
    3    h. "[The board] BOARD" means the state racing and wagering board;
    4    i.  "Branch  office" means an establishment maintained and operated by
    5  an off-track betting corporation, where off-track pari-mutuel betting on
    6  horse races may be placed in accordance with the terms and conditions of
    7  this chapter and rules and regulations issued pursuant thereto;
    8    j. "Simulcast facility" means those facilities within the  state  that
    9  are  authorized  pursuant  to  the provisions of this article to display
   10  simulcasts for pari-mutuel wagering purposes;
   11    k. "Off-track betting  region"  means  those  regions  as  defined  in
   12  section five hundred nineteen of this chapter;
   13    l.  "Simulcast  theater"  means  a  simulcast facility which is also a
   14  public entertainment and wagering facility, and which may include any or
   15  all of the following: a large screen television projection  and  display
   16  unit,  a  display  system  for odds, pools, and payout prices, areas for
   17  viewing and seating, a food and beverage facility, and any other conven-
   18  ience currently provided at racetracks and not inconsistent  with  local
   19  zoning ordinances;
   20    m.  "Simulcast  districts"  means  one  or more of the following named
   21  districts comprised of the  counties  within  which  pari-mutuel  racing
   22  events are conducted as follows:
   23      District 1                    New York City, Suffolk, Nassau, and
   24                                      Westchester counties
   25      District 2                    Sullivan county
   26      District 3                    Saratoga county
   27      District 4                    Oneida county
   28      District 5                    Erie, Genesee and Ontario counties
   29    n.  "Initial out-of-state thoroughbred track" means the track commenc-
   30  ing full-card simulcasting to New York prior to any  other  out-of-state
   31  thoroughbred track after 1:00 PM on any calendar day.
   32    o. "Second out-of-state thoroughbred track" means the track (or subse-
   33  quent  track  or  tracks  where  otherwise  authorized  by this article)
   34  conducting full-card simulcasting to New York  after  the  race  program
   35  from  the  initial  out-of-state  thoroughbred  track that has commenced
   36  simulcasting on any calendar day.
   37    p. "Mixed meeting" means a race meeting which  has  a  combination  of
   38  thoroughbred,  quarter horse, Appaloosa, paint, and/or Arabian racing on
   39  the same race program.
   40    Q. "ACCOUNT WAGERING" MEANS A FORM OF PARI-MUTUEL WAGERING IN WHICH  A
   41  PERSON  ESTABLISHES  AN  ACCOUNT  WITH  AN ACCOUNT WAGERING LICENSEE AND
   42  SUBSEQUENTLY COMMUNICATES VIA TELEPHONE OR OTHER ELECTRONIC MEDIA TO THE
   43  ACCOUNT WAGERING LICENSEE WAGERING INSTRUCTIONS CONCERNING THE FUNDS  IN
   44  SUCH  PERSON'S  ACCOUNT  AND  WAGERS TO BE PLACED ON THE ACCOUNT OWNER'S
   45  BEHALF.
   46    R. "ACCOUNT WAGERING LICENSEE" MEANS  RACING  ASSOCIATIONS,  OFF-TRACK
   47  BETTING  CORPORATIONS,  AND  BOARD APPROVED MULTI-JURISDICTIONAL ACCOUNT
   48  WAGERING PROVIDERS THAT HAVE BEEN  AUTHORIZED  BY  THE  BOARD  TO  OFFER
   49  ACCOUNT WAGERING.
   50    S.  "DORMANT  ACCOUNT"  MEANS  AN  ACCOUNT WAGERING ACCOUNT HELD BY AN
   51  ACCOUNT WAGERING LICENSEE IN WHICH THERE HAS BEEN NO  WAGERING  ACTIVITY
   52  FOR THREE YEARS.
   53    T.  "MULTI-JURISDICTIONAL  ACCOUNT WAGERING PROVIDER" MEANS A BUSINESS
   54  ENTITY LOCATED IN A STATE OTHER THAN THE STATE OF  NEW  YORK,  WHICH  IS
   55  LICENSED  BY  SUCH  OTHER STATE TO OFFER PARI-MUTUEL ACCOUNT WAGERING ON
       S. 5812                             3
    1  RACES SUCH PROVIDER SIMULCASTS AND OTHER RACES IT OFFERS IN ITS WAGERING
    2  MENU TO PERSONS LOCATED IN OR OUT OF THE STATE ISSUING SUCH LICENSE.
    3    S  2.  Section  1002  of the racing, pari-mutuel wagering and breeding
    4  law, as added by chapter 363 of the  laws  of  1984,  subdivision  2  as
    5  amended  by  chapter  18  of  the  laws  of  2008, is amended to read as
    6  follows:
    7    S 1002. General jurisdiction. 1. The [state racing and wagering] board
    8  shall have general jurisdiction over the simulcasting of horse races AND
    9  ACCOUNT WAGERING within the state, and the board  may  issue  rules  and
   10  regulations in accordance with the provisions of this article.
   11    2.  The  board  shall  annually submit reports on or before July first
   12  following each  year  in  which  simulcasting  OR  ACCOUNT  WAGERING  is
   13  conducted  to  the  director  of  the budget, the chairman of the senate
   14  finance committee and the  chairman  of  the  assembly  ways  and  means
   15  committee  evaluating the results of such simulcasts OR ACCOUNT WAGERING
   16  on the compatibility with the well-being of the horse  racing,  breeding
   17  and pari-mutuel wagering industries in this state and make any recommen-
   18  dations  it  deems  appropriate.  Such reports may be submitted together
   19  with the reports required by subdivision  two  of  section  two  hundred
   20  thirty-six and subparagraph (iii) of paragraph a and subparagraph (i) of
   21  paragraph b of subdivision one of section three hundred eighteen of this
   22  chapter.
   23    S  3.  Section  1012  of the racing, pari-mutuel wagering and breeding
   24  law, as amended by chapter 18 of the laws  of  2008,  subdivision  5  as
   25  amended  by  section  10 of part S of chapter 61 of the laws of 2011, is
   26  amended to read as follows:
   27    S 1012. [Telephone accounts  and  telephone]  ACCOUNT  wagering.  [Any
   28  regional  off-track betting corporation, and any franchised corporation,
   29  harness, thoroughbred, quarter horse racing association  or  corporation
   30  licensed  to  conduct  pari-mutuel racing may maintain telephone betting
   31  accounts for wagers placed on races and special events offered  by  such
   32  corporation  or  association.]  FRANCHISED  CORPORATIONS, RACING ASSOCI-
   33  ATIONS, OFF-TRACK BETTING CORPORATIONS AND MULTI-JURISDICTIONAL  ACCOUNT
   34  WAGERING  PROVIDERS  SHALL  APPLY  TO  THE BOARD TO BE LICENSED TO OFFER
   35  ACCOUNT WAGERING.
   36    1. A. FRANCHISED CORPORATIONS, RACING ASSOCIATIONS, OFF-TRACK  BETTING
   37  CORPORATIONS  AND  MULTI-JURISDICTIONAL  ACCOUNT  WAGERING PROVIDERS MAY
   38  FORM PARTNERSHIPS, JOINT VENTURES, OR ANY OTHER AFFILIATION OR  CONTRAC-
   39  TUAL ARRANGEMENT IN ORDER TO FURTHER THE PURPOSES OF THIS SECTION.
   40    B.  THE  DISTRIBUTION  OF  REVENUES  TO  PURSES MADE BY ANY FRANCHISED
   41  CORPORATION, OR HARNESS, THOROUGHBRED, QUARTER HORSE RACING  ASSOCIATION
   42  OR CORPORATION FROM ACCOUNT WAGERS PLACED ON RACES RUN AT A GUEST FACIL-
   43  ITY  SHALL  BE  DETERMINED  PURSUANT TO A WRITTEN AGREEMENT BETWEEN SUCH
   44  ASSOCIATION OR CORPORATION AND ITS REPRESENTATIVE  HORSEMEN'S  ORGANIZA-
   45  TION AS APPROVED BY THE BOARD.
   46    2.  THE  BOARD  SHALL  PROMULGATE RULES AND REGULATIONS TO LICENSE AND
   47  REGULATE ALL PHASES OF ACCOUNT WAGERING.
   48    3. THE BOARD SHALL SPECIFY  A  NON-REFUNDABLE  APPLICATION  FEE  WHICH
   49  SHALL  BE  PAID  BY  EACH  APPLICANT  FOR AN ACCOUNT WAGERING LICENSE OR
   50  RENEWAL THEREOF.
   51    4. ACCOUNT WAGERING LICENSEES SHALL  UTILIZE  PERSONAL  IDENTIFICATION
   52  NUMBERS  (PINS)  AND SUCH OTHER TECHNOLOGIES AS THE BOARD MAY SPECIFY TO
   53  ASSURE THAT ONLY THE ACCOUNT HOLDER HAS ACCESS TO  THE  ADVANCE  DEPOSIT
   54  WAGERING ACCOUNT.
   55    5.  ACCOUNT  WAGERING LICENSEES SHALL PROVIDE FOR (I) WITHDRAWALS FROM
   56  THE WAGERING ACCOUNT ONLY BY MEANS  OF  A  CHECK  MADE  PAYABLE  TO  THE
       S. 5812                             4
    1  ACCOUNT HOLDER AND SENT TO THE ADDRESS OF THE ACCOUNT HOLDER OR BY MEANS
    2  OF  AN  ELECTRONIC  TRANSFER  TO AN ACCOUNT HELD BY THE VERIFIED ACCOUNT
    3  HOLDER OR (II) THAT THE ACCOUNT  HOLDER  MAY  WITHDRAW  FUNDS  FROM  THE
    4  WAGERING ACCOUNT AT A FACILITY APPROVED BY THE BOARD BY PRESENTING VERI-
    5  FIABLE PERSONAL AND ACCOUNT IDENTIFICATION INFORMATION.
    6    6. ACCOUNT WAGERING LICENSEES MAY ENGAGE IN INTERSTATE WAGERING TRANS-
    7  ACTIONS ONLY WHERE THERE IS COMPLIANCE WITH CHAPTER FIFTY-SEVEN OF TITLE
    8  FIFTEEN  OF  THE UNITED STATES CODE, COMMONLY REFERRED TO AS THE "INTER-
    9  STATE HORSERACING ACT".
   10    7. THE ACCOUNT HOLDER'S DEPOSITS TO  THE  WAGERING  ACCOUNT  SHALL  BE
   11  SUBMITTED  BY  THE  ACCOUNT  HOLDER TO THE ACCOUNT WAGERING LICENSEE AND
   12  SHALL BE IN THE FORM OF ONE OF THE FOLLOWING:
   13    A. CASH GIVEN TO THE ACCOUNT WAGERING LICENSEE;
   14    B. CHECK, MONEY ORDER, NEGOTIABLE ORDER  OF  WITHDRAWAL,  OR  WIRE  OR
   15  ELECTRONIC TRANSFER, PAYABLE AND REMITTED TO THE ACCOUNT WAGERING LICEN-
   16  SEE; OR
   17    C.  CHARGES  MADE TO AN ACCOUNT HOLDER'S DEBIT OR CREDIT CARD UPON THE
   18  ACCOUNT HOLDER'S DIRECT AND PERSONAL INSTRUCTION, WHICH INSTRUCTION  MAY
   19  BE  GIVEN  BY  TELEPHONE  COMMUNICATION OR OTHER ELECTRONIC MEANS TO THE
   20  ACCOUNT WAGERING LICENSEE OR ITS AGENT BY THE ACCOUNT HOLDER IF THE  USE
   21  OF THE CARD HAS BEEN APPROVED BY THE ACCOUNT WAGERING LICENSEE.
   22    8.  A.  EACH WAGERING ACCOUNT SHALL BE IN THE NAME OF A NATURAL PERSON
   23  AND SHALL NOT BE IN THE NAME OF ANY BENEFICIARY, CUSTODIAN, JOINT TRUST,
   24  CORPORATION, PARTNERSHIP OR OTHER ORGANIZATION OR ENTITY.
   25    B. A WAGERING ACCOUNT MAY BE ESTABLISHED BY  A  PERSON  COMPLETING  AN
   26  APPLICATION FORM APPROVED BY THE BOARD AND SUBMITTING IT TOGETHER WITH A
   27  CERTIFICATION,  OR  OTHER  PROOF,  OF AGE AND RESIDENCY. SUCH FORM SHALL
   28  INCLUDE THE ADDRESS  OF  THE  PRINCIPAL  RESIDENCE  OF  THE  PROSPECTIVE
   29  ACCOUNT  HOLDER AND INDICATE THAT A FALSE STATEMENT MADE IN REGARD TO AN
   30  APPLICATION MAY SUBJECT THE APPLICANT TO PROSECUTION.
   31    C. THE PROSPECTIVE ACCOUNT HOLDER SHALL SUBMIT THE COMPLETED  APPLICA-
   32  TION TO THE ACCOUNT WAGERING LICENSEE. THE ACCOUNT WAGERING LICENSEE MAY
   33  ACCEPT OR REJECT AN APPLICATION AFTER RECEIPT AND REVIEW OF THE APPLICA-
   34  TION AND CERTIFICATION, OR OTHER PROOF, OF AGE AND RESIDENCY FOR COMPLI-
   35  ANCE WITH THIS SECTION.
   36    D.  NO  PERSON OTHER THAN THE PERSON IN WHOSE NAME AN ACCOUNT HAS BEEN
   37  ESTABLISHED MAY ISSUE WAGERING INSTRUCTIONS RELATING TO THAT ACCOUNT  OR
   38  OTHERWISE ENGAGE IN WAGERING TRANSACTIONS RELATING TO THAT ACCOUNT.
   39    9.  A WAGERING ACCOUNT SHALL NOT BE ASSIGNABLE OR OTHERWISE TRANSFERA-
   40  BLE.
   41    10. EXCEPT AS OTHERWISE PROVIDED IN THIS  ARTICLE  OR  IN  REGULATIONS
   42  WHICH  THE BOARD MAY ADOPT PURSUANT THERETO, ALL ACCOUNT WAGERS SHALL BE
   43  FINAL AND NO WAGER SHALL BE CANCELED BY THE ACCOUNT HOLDER AT  ANY  TIME
   44  AFTER THE WAGER HAS BEEN ACCEPTED BY THE ACCOUNT WAGERING LICENSEE.
   45    11.  DORMANT  ACCOUNTS SHALL BE TREATED AS ABANDONED PROPERTY PURSUANT
   46  TO SECTION THREE HUNDRED OF THE ABANDONED PROPERTY LAW.
   47    12. Any [regional off-track betting  corporation  and  any  franchised
   48  corporation,  harness, thoroughbred, quarter horse racing association or
   49  corporation licensed to conduct  pari-mutuel  racing]  ACCOUNT  WAGERING
   50  LICENSEE may require a minimum account balance in an amount to be deter-
   51  mined by such entity.
   52    [2.]  13.  a.  Any  regional off-track betting corporation may suspend
   53  collection of the surcharge imposed under section five  hundred  thirty-
   54  two  of  this  chapter  on winning wagers placed in [telephone] WAGERING
   55  accounts maintained by such regional corporation.
       S. 5812                             5
    1    b. In a city of one million or more  any  regional  off-track  betting
    2  corporation,  with  the  approval of the mayor of such city, may suspend
    3  collection of the surcharge imposed under section five  hundred  thirty-
    4  two  of  this  chapter  in winning wagers placed in [telephone] WAGERING
    5  accounts maintained by such regional corporation.
    6    [3.]  14.  Any  [telephone] WAGERING account maintained by [a regional
    7  off-track  betting   corporation,   franchised   corporation,   harness,
    8  thoroughbred,  quarter horse association or corporation, with inactivity
    9  for a period of three years]  AN  ACCOUNT  WAGERING  LICENSEE  THAT  HAS
   10  BECOME A DORMANT ACCOUNT shall be forfeited and paid to the commissioner
   11  of  taxation  and  finance. Such amounts when collected shall be paid by
   12  the commissioner of taxation and finance into the general  fund  of  the
   13  state treasury.
   14    [4.]  15.  The  maintenance and operation of such [telephone] WAGERING
   15  accounts provided for in this section shall  be  subject  to  rules  and
   16  regulations  of  the  [state racing and wagering] board. The board shall
   17  include in such  regulation  a  requirement  that  [telephone]  WAGERING
   18  account information pertaining to surcharge and nonsurcharge [telephone]
   19  WAGERING accounts shall be separately reported.
   20    [4-a.]  16.  For  the  purposes  of this section, "telephone [betting]
   21  WAGERING accounts" and "telephone wagering" shall mean and  include  all
   22  those  wagers which utilize any wired or wireless communications device,
   23  including but not limited to wireline telephones,  wireless  telephones,
   24  and  the  internet,  to  transmit  the  placement of wagers on races and
   25  special events offered by any regional  off-track  betting  corporation,
   26  and  any  harness,  thoroughbred,  quarter  horse  racing association or
   27  corporation licensed or franchised to conduct pari-mutuel racing in  New
   28  York state.
   29    [5.  The  provisions of this section shall expire and be of no further
   30  force and effect after June thirtieth, two thousand twelve.]
   31    17. A MULTI-JURISDICTIONAL ACCOUNT WAGERING  PROVIDER  SHALL  ONLY  BE
   32  LICENSED UNDER THE FOLLOWING CONDITIONS:
   33    A.  THE  MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER IS LICENSED BY
   34  THE STATE IN WHICH IT IS LOCATED AND, IF  REQUIRED,  BY  EACH  STATE  IN
   35  WHICH IT OPERATES;
   36    B. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER POSSESSES APPRO-
   37  PRIATE  TOTALIZATOR AND ACCOUNTING CONTROLS, NO LESS THAN THOSE REQUIRED
   38  PURSUANT TO PART FIFTY-ONE HUNDRED OF TITLE NINE OF THE NEW YORK  CODES,
   39  RULES AND REGULATIONS, WHICH WILL SAFEGUARD THE TRANSMISSION OF WAGERING
   40  DATA  AND  WILL KEEP A SYSTEM OF ACCOUNTS WHICH WILL MAINTAIN A SEPARATE
   41  RECORD OF REVENUES COLLECTED BY THE WAGERING PROVIDER, THE  DISTRIBUTION
   42  OF SUCH REVENUES AND AN ACCOUNTING OF COSTS RELATIVE TO THE OPERATION OF
   43  THE WAGERING PROVIDER;
   44    C.  THE  CHARACTER  AND  THE  BACKGROUND  OF  THE MULTI-JURISDICTIONAL
   45  ACCOUNT WAGERING PROVIDER IS SUCH THAT GRANTING THE  APPLICATION  FOR  A
   46  LICENSE  IS IN THE PUBLIC INTEREST AND THE BEST INTEREST OF HONEST HORSE
   47  RACING;
   48    D. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING  PROVIDER  SHALL  UTILIZE
   49  THE  SERVICES  OF  AN  INDEPENDENT  THIRD  PARTY TO PERFORM IDENTITY AND
   50  VERIFICATION SERVICES WITH RESPECT  TO  THE  ESTABLISHMENT  OF  WAGERING
   51  ACCOUNTS FOR PERSONS LOCATED IN NEW YORK;
   52    E.  THE  BOARD  SHALL  BE ALLOWED ACCESS TO THE PREMISES OF THE MULTI-
   53  JURISDICTIONAL ACCOUNT WAGERING  PROVIDER  TO  VISIT,  INVESTIGATE  AND,
   54  PLACE  SUCH  EXPERT ACCOUNTANTS AND OTHER PERSONS IT DEEMS NECESSARY FOR
   55  THE PURPOSE OF INSURING COMPLIANCE WITH THE RULES AND REGULATIONS OF THE
   56  BOARD;
       S. 5812                             6
    1    F.  WAGERS  PLACED  WITH  THE  MULTI-JURISDICTIONAL  ACCOUNT  WAGERING
    2  PROVIDER  SHALL  RESULT  IN  THE COMBINATION OF ALL WAGERS PLACED AT THE
    3  HOST TRACK SO AS TO PRODUCE COMMON PARI-MUTUEL  BETTING  POOLS  FOR  THE
    4  CALCULATION  OF  ODDS  AND  THE DETERMINATION OF PAYOUTS FROM SUCH POOL,
    5  WHICH  PAYOUT SHALL BE THE SAME FOR ALL WINNING TICKETS, IRRESPECTIVE OF
    6  WHETHER A WAGER IS PLACED AT A HOST TRACK OR AT  A  MULTI-JURISDICTIONAL
    7  ACCOUNT WAGERING PROVIDER;
    8    G.  A  MULTI-JURISDICTIONAL  ACCOUNT  WAGERING  PROVIDER AUTHORIZED TO
    9  ACCEPT ACCOUNT WAGERS FROM PERSONS RESIDENT IN NEW YORK, WITH RESPECT TO
   10  EACH SUCH WAGER ACCEPTED, SHALL PAY SUCH PARI-MUTUEL TAX, BREEDERS' FUND
   11  DISTRIBUTIONS, AND SUCH OTHER STATUTORY  PAYMENTS  INCLUDING  APPLICABLE
   12  REGULATORY  FEES  AND  DISTRIBUTIONS  THEREON EQUIVALENT IN IDENTITY AND
   13  AMOUNT TO THE PARI-MUTUEL TAX, BREEDERS' FUND  DISTRIBUTIONS,  STATUTORY
   14  PAYMENTS,  INCLUDING  APPLICABLE  REGULATORY FEES AND DISTRIBUTIONS THAT
   15  WOULD BE REQUIRED IF SUCH WAGER HAD BEEN PLACED BY  THE  ACCOUNT  HOLDER
   16  RESIDENT  IN  NEW  YORK  AS  AN  ACCOUNT WAGER WITH AN OFF-TRACK BETTING
   17  CORPORATION OPERATING IN THE  OFF-TRACK  BETTING  REGION  IN  WHICH  THE
   18  ACCOUNT HOLDER'S COUNTY OF RESIDENCE IS LOCATED. THE BOARD SHALL PROMUL-
   19  GATE RULES AND REGULATIONS WHICH WILL DETERMINE THE EXACT AMOUNT AND THE
   20  DISTRIBUTION  OF  PAYMENTS OF PARI-MUTUEL TAXES, DISTRIBUTIONS TO BREED-
   21  ERS' FUNDS, AND STATUTORY PAYMENTS INCLUDING APPLICABLE REGULATORY  FEES
   22  AND  DISTRIBUTIONS  TO TRACKS AND PURSES BY MULTI-JURISDICTIONAL ACCOUNT
   23  WAGERING PROVIDERS; AND
   24    H. IN ADDITION, FOR EACH ACCOUNT WAGER ACCEPTED FROM PERSONS  RESIDENT
   25  IN  NEW  YORK,  THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER SHALL
   26  PAY TO THE COUNTY OF RESIDENCE OF THE ACCOUNT HOLDER A FEE  OF  ONE-HALF
   27  OF  ONE  PERCENT  OF  SUCH  ACCOUNT WAGER. IF THE COUNTY OF RESIDENCE IS
   28  WITHIN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION, THE FEE  SHALL
   29  BE  PAID  TO  THE  STATE.  IN  COUNTIES THAT ARE MEMBERS OF AN OFF-TRACK
   30  BETTING CORPORATION, THE PAYMENT SHALL BE MADE TO THE OFF-TRACK  BETTING
   31  CORPORATION. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER SHALL BE
   32  ENTITLED  TO  DEDUCT  FROM THE PARI-MUTUEL TAX PAYABLE BY IT UNDER PARA-
   33  GRAPH G OF THIS SUBDIVISION SUCH AMOUNTS THAT  THE  MULTI-JURISDICTIONAL
   34  ACCOUNT  WAGERING  PROVIDER  IS  OBLIGATED TO PAY PURSUANT TO THIS PARA-
   35  GRAPH.
   36    18. ACCEPTANCE OF ANY WAGER FROM A NEW  YORK  STATE  RESIDENT  WITHOUT
   37  BEING LICENSED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE PUNISHABLE
   38  BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH WAGER.
   39    S  4. Section 503 of the racing, pari-mutuel wagering and breeding law
   40  is amended by adding a new subdivision 12-a to read as follows:
   41    12-A. TO ENTER INTO, AMEND, CANCEL AND TERMINATE  AGREEMENTS  FOR  THE
   42  PERFORMANCE   AMONG   THEMSELVES,   LICENSED   RACING  ASSOCIATIONS  AND
   43  MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDERS, AS DEFINED  IN  SECTION
   44  ONE  THOUSAND ONE OF THIS CHAPTER, OF THEIR RESPECTIVE FUNCTIONS, POWERS
   45  AND DUTIES ON A COOPERATIVE OR CONTRACT BASIS.
   46    S 5. This act shall take effect immediately.
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