Bill Text: NY S68001 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the New York Racing Network, Inc.; regulates off-track betting payments; authorizes subsidized free play credits.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-12-07 - SUBSTITUTED BY A42001 [S68001 Detail]
Download: New_York-2009-S68001-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1 Third Extraordinary Session I N S E N A T E December 3, 2010 ___________ Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- 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 pari-mutuel tax rates at certain facilities and establish- ing the New York Racing Network, Inc.; and to amend the tax law, in relation to authorizing subsidized free play credits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds and declares that the New York city off-track betting corporation 3 is an integral component of the horse racing industry in New York. The 4 legislature further finds that in order to preserve its continuing 5 existence, the corporation was allowed by executive order to file a 6 petition for bankruptcy protection under Chapter 9 of the Bankruptcy 7 Code in the southern district of New York. The bankruptcy proceedings 8 have resulted in a reorganization plan, the approval of which by the 9 official committee of creditors is contingent upon enacting legislation 10 to implement certain elements of that plan. 11 The legislature further finds that the labor unions representing the 12 employees of the corporation have signed memoranda of agreement, which 13 ratify portions of the reorganization plan affecting their membership. 14 This approval represents concurrence with the corporation's leadership 15 and the view of the legislature that a plan that allows the corporation 16 to remain sustainable upon exiting bankruptcy will preserve employment 17 opportunities for New York residents, and is preferable to a liquidation 18 of the corporation. Furthermore, the legislature finds that the tens of 19 thousands of jobs both directly and indirectly supported by the racing 20 industry will be protected by a reorganization plan that supports a 21 seamless exit from bankruptcy for the corporation. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12318-07-0 S. 1 2 1 Therefore, the legislature finds this legislation, which strictly 2 enacts elements of the reorganization plan, to be essential to maintain- 3 ing a vibrant horse racing industry in New York, and to protecting the 4 thousands of jobs supported by the horse racing industry. 5 S 2. Subdivision 5-a of section 307 of the racing, pari-mutuel wager- 6 ing and breeding law, as amended by chapter 18 of the laws of 2008, is 7 amended to read as follows: 8 5-a. The board shall not issue a license pursuant to this section to 9 any harness racing association or corporation which does not apply to 10 conduct at its facilities a minimum number of pari-mutuel programs and 11 pari-mutuel races at its facilities equal to at least seventy-five per 12 centum of the programs and races so conducted during nineteen hundred 13 eighty-five or during nineteen hundred eighty-six, or one hundred per 14 centum of the programs and races so conducted during two thousand, 15 whichever is greater; provided, however, that for a harness racing asso- 16 ciation or corporation located in Westchester and Erie counties, such 17 minimum number of pari-mutuel programs and pari-mutuel races at its 18 facilities shall equal at least one hundred per centum of the programs 19 and races conducted during two thousand, AND PROVIDED FURTHER, HOWEVER, 20 THAT FOR A HARNESS ASSOCIATION OR CORPORATION LOCATED IN SULLIVAN COUN- 21 TY, SUCH MINIMUM NUMBER OF PARI-MUTUEL PROGRAMS AND PARI-MUTUEL RACES AT 22 ITS FACILITIES SHALL EQUAL AT LEAST SIXTY PER CENTUM OF THE PROGRAMS AND 23 RACES SO CONDUCTED DURING NINETEEN HUNDRED EIGHTY-SIX OR EIGHTY PER 24 CENTUM OF THE PROGRAMS AND RACES SO CONDUCTED DURING TWO THOUSAND, 25 WHICHEVER IS GREATER. If the track did not conduct races during two 26 thousand, such minimum number of pari-mutuel programs and pari-mutuel 27 races at its facilities shall equal at least ninety per centum of the 28 programs and races conducted during two thousand at Buffalo raceway, in 29 the town of Hamburg and county of Erie, unless cancellation of a race 30 day because of an act of God, which the board approves or because of 31 weather conditions that are unsafe or hazardous which the board approves 32 shall not be construed as a failure to conduct a race day; provided 33 further, the board shall not grant a license to such association or 34 corporation upon application unless such programs and races are 35 conducted during the same calendar year period as were conducted during 36 the applicable period above utilized to measure the minimum number of 37 pari-mutuel programs and pari-mutuel races, as approved by the board. 38 Nothing in the foregoing paragraph shall affect any agreement in effect 39 on or before the effective date of this paragraph. The board may grant a 40 license to such association or corporation to conduct fewer such 41 programs and races for good cause shown due to factors beyond the 42 control of such association or corporation, and upon consent of the 43 representative horsemen's association, as determined pursuant to section 44 three hundred eighteen of this article. 45 S 3. The opening paragraph of paragraph a of subdivision 5 of section 46 318 of the racing, pari-mutuel wagering and breeding law, as added by 47 chapter 261 of the laws of 1988, is amended to read as follows: 48 Notwithstanding any other provision of this section to the contrary, 49 for any calendar year commencing on or after January first, nineteen 50 hundred eighty-nine, in which a harness racing association or corpo- 51 ration does not conduct a minimum number of pari-mutuel programs and 52 pari-mutuel races at its facilities equal to at least ninety per centum 53 of the programs and races so conducted during nineteen hundred eighty- 54 five or during nineteen hundred eighty-six, PROVIDED, HOWEVER, THAT FOR 55 A HARNESS RACING ASSOCIATION OR CORPORATION LOCATED IN SULLIVAN COUNTY, 56 FOR ANY CALENDAR YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND S. 1 3 1 ELEVEN, IN WHICH SUCH HARNESS RACING ASSOCIATION OR CORPORATION DOES NOT 2 CONDUCT A MINIMUM NUMBER OF PARI-MUTUEL PROGRAMS AND PARI-MUTUEL RACES 3 AT SUCH FACILITIES EQUAL TO AT LEAST SEVENTY PER CENTUM OF THE PROGRAMS 4 AND RACES SO CONDUCTED DURING NINETEEN HUNDRED EIGHTY-FIVE OR DURING 5 NINETEEN HUNDRED EIGHTY-SIX, whichever is less, in lieu of the tax rates 6 set forth in subdivision one of this section the applicable pari-mutuel 7 tax rates for such association or corporation with respect to on-track 8 pari-mutuel betting pools during such year shall be as follows: 9 S 4. Subdivision 2 of section 529 of the racing, pari-mutuel wagering 10 and breeding law is amended to read as follows: 11 2. Ninety-five percent of the balance of such account remaining 12 unclaimed as of the last day of February of such year shall be paid BY 13 EACH REGIONAL OFF-TRACK BETTING CORPORATION, EXCEPT THE NEW YORK CITY 14 OFF-TRACK BETTING CORPORATION, to the state tax commission by March 15 fifteenth. On or before April tenth of each year the balance of such 16 account and any other unclaimed amounts received in the course of 17 conducting off-track betting shall be paid by [such] EACH REGIONAL OFF- 18 TRACK BETTING corporation, EXCEPT THE NEW YORK CITY OFF-TRACK BETTING 19 CORPORATION, to the state tax commission. A penalty of five percent and 20 interest at the rate of one percent per month from the due date to the 21 date of payment of the unclaimed balance due March fifteenth or April 22 tenth, as the case may be, shall be payable in case such balance is not 23 paid when due. Such amounts, interest and penalties when collected by 24 the state tax commission shall be deposited into the general fund of the 25 state treasury. THE BALANCE OF SUCH UNCLAIMED ACCOUNTS RETAINED BY THE 26 NEW YORK CITY OFF-TRACK BETTING CORPORATION MAY BE USED FOR ITS CORPO- 27 RATE PURPOSES. 28 S 5. Subdivisions 1, 3, 6, 7 and 11 of section 603 of the racing, 29 pari-mutuel wagering and breeding law, as amended by chapter 115 of the 30 laws of 2008, are amended to read as follows: 31 1. A corporation to be known as the "New York city off-track betting 32 corporation" is hereby created. Such corporation shall be a body corpo- 33 rate and politic constituting a public benefit corporation. It shall be 34 administered by a board of directors consisting of five [members] VOTING 35 DIRECTORS AND THREE NON-VOTING DIRECTORS, who may be public officers, 36 appointed by the governor [for fixed terms as hereinafter provided, one 37 of whom shall be appointed on the recommendation of the temporary presi- 38 dent of the senate, and one of whom shall be appointed on the recommen- 39 dation of the speaker of the assembly]. THE VOTING DIRECTORS, ONE OF 40 WHOM SHALL BE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT 41 OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED ON THE RECOMMENDATION 42 OF THE SPEAKER OF THE ASSEMBLY, SHALL SERVE FOR FIXED TERMS AS HEREIN- 43 AFTER PROVIDED. OF THE NON-VOTING DIRECTORS, ONE SHALL BE APPOINTED ON 44 THE RECOMMENDATION OF THE FRANCHISED CORPORATION; ONE ON THE JOINT 45 RECOMMENDATION OF THE HARNESS TRACKS LOCATED IN WESTCHESTER AND SULLIVAN 46 COUNTIES; AND ONE ON THE RECOMMENDATION OF THE UNION REPRESENTING A 47 MAJORITY OF THE UNIONIZED EMPLOYEES OF THE CORPORATION. THE NON-VOTING 48 DIRECTORS SHALL NOT HAVE A FIDUCIARY OBLIGATION TO THE CORPORATION, BUT 49 SHALL BE REQUIRED TO PROTECT INFORMATION DEEMED TO BE, OR WHICH COULD BE 50 REASONABLY ASSUMED TO BE, CONFIDENTIAL, INCLUDING, WITHOUT LIMITATION, 51 ALL MATTERS DISCUSSED IN EXECUTIVE SESSION. 52 3. The governor shall designate one of the VOTING directors to be 53 chairman of the board of directors and may at his OR HER pleasure, 54 change his OR HER designation of any such VOTING director to be chair- 55 man. S. 1 4 1 6. The powers of the corporation shall be vested in and exercised by 2 the board at a meeting duly held at a time fixed by any by-law adopted 3 by the board, or at any duly adjourned meeting of such meeting or at any 4 meeting held upon reasonable notice to all of the directors, or upon 5 written waiver thereof, and a majority of the whole number of VOTING 6 directors shall constitute a quorum; provided that neither the business 7 nor the powers of the corporation shall be transacted or exercised 8 except pursuant to the favorable vote of at least a majority of the 9 VOTING directors present at a meeting at which a quorum is in attend- 10 ance. 11 7. The board may delegate to one or more of the VOTING directors, 12 officers, agents or employees of the corporation such powers and duties 13 as it may deem proper. 14 11. The fiscal year of the corporation shall be the same as that of 15 [the city, provided, however, that the corporation shall have a nine 16 month fiscal year from July first, two thousand eight through March 17 thirty-first, two thousand nine, and then the fiscal year of the corpo- 18 ration shall be the same as] the state. 19 S 6. Subdivisions 8 and 11 of section 604 of the racing, pari-mutuel 20 wagering and breeding law, subdivision 8 as amended by chapter 115 of 21 the laws of 2008, are amended to read as follows: 22 8. To make contracts and leases, including joint ventures with third 23 parties or entities, EXCEPT THAT ANY JOINT VENTURE WITH THIRD PARTIES OR 24 ENTITIES FOR THE PURPOSE OF RAISING CAPITAL FOR THE CONSTRUCTION AND 25 OPERATION OF A NEW OR EXPANDED LICENSED SIMULCAST FACILITY AS DEFINED IN 26 SUBDIVISION J OF SECTION ONE THOUSAND ONE OF THIS CHAPTER OR EXPANDED 27 SIMULCAST THEATER AS DEFINED IN SUBDIVISION 1 OF SECTION ONE THOUSAND 28 ONE OF THIS CHAPTER SHALL BE SUBJECT TO A RIGHT OF FIRST REFUSAL BY ANY 29 NEW YORK STATE LICENSED HARNESS TRACK OR FRANCHISED CORPORATION WITH 30 RACING FACILITIES LOCATED WITHIN THIRTY MILES OF THE PROPOSED LOCATION 31 (IF MORE THAN ONE SUCH HARNESS TRACK OR FRANCHISED CORPORATION'S RACING 32 FACILITIES ARE LOCATED WITHIN THIRTY MILES OF THE PROPOSED LOCATION THEN 33 BOTH WILL HAVE THE RIGHT OF FIRST REFUSAL AND MAY PARTNER TOGETHER THER- 34 EIN) TO BE THE FINANCIAL AND OPERATING PARTNER OF THE CORPORATION IN 35 SUCH JOINT VENTURE, and to execute all instruments necessary or conven- 36 ient to accomplish its corporate purpose; provided, however, that the 37 corporation may only enter into agreements for the purchase or lease of 38 any property to be used in whole or in part as an off-track betting 39 branch office which is conditioned upon the location thereof being 40 approved by the site selection board; and further provided, that such 41 location prior to its use as such off-track betting branch office shall 42 have been approved by the site selection board. TO THE EXTENT THAT ANY 43 PROVISION OF THIS CHAPTER, INCLUDING, WITHOUT LIMITATION, SUBPARAGRAPH 44 (II) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE THOUSAND EIGHT AND 45 PARAGRAPH B OF SUBDIVISION THREE OF SECTION ONE THOUSAND NINE OR OF ANY 46 OTHER LAW, RULE OR REGULATION, REQUIRES THE AUTHORIZATION OR CONSENT OF 47 ANY REGIONAL TRACK TO THE CONSTRUCTION, OPERATION OR LICENSING OF A 48 SIMULCAST FACILITY OR SIMULCAST THEATER, THEN IN THE EVENT THAT SUCH 49 RIGHT OF FIRST REFUSAL IS NOT EXERCISED, THEN IF SUCH SIMULCAST FACILITY 50 IS LOCATED IN NEW YORK COUNTY OR IS LOCATED MORE THAN TEN MILES FROM ANY 51 REGIONAL HARNESS TRACK OR A RACING FACILITY OF THE FRANCHISED CORPO- 52 RATION SUCH CONSENT OR AUTHORIZATION IS HEREBY DEEMED GRANTED. NOTWITH- 53 STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY OTHER LAW, RULE OR 54 REGULATION TO THE CONTRARY, THE OPERATOR OF SUCH JOINT VENTURE SIMULCAST 55 WAGERING FACILITY SHALL NEITHER BE REQUIRED TO COLLECT A SURCHARGE ON S. 1 5 1 BETS MADE THEREIN NOR BE REQUIRED TO CHARGE AN ADMISSION FEE FOR 2 ENTRANCE THERETO; 3 11. In the manner and subject to the terms and conditions set forth in 4 this article, and article five-a of this chapter to establish and 5 conduct a system of off-track pari-mutuel betting in the city on horse 6 races WHICH SHALL NOT INCLUDE THE CONDUCT, OPERATION, OR MAINTENANCE OF 7 TELEPHONE BETTING ACCOUNTS AND TELEPHONE WAGERING AS DEFINED IN SUBDIVI- 8 SION FOUR-A OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, PROVIDED 9 THAT THE CORPORATION MAY AFFILIATE OR JOINT VENTURE SOLELY WITH AND AT 10 THE SOLE OPTION OF THE NEW YORK RACING NETWORK, INC. IN THE CONDUCT, 11 OPERATION, OR MAINTENANCE OF TELEPHONE BETTING ACCOUNTS AND TELEPHONE 12 WAGERING AS DEFINED IN SUBDIVISION FOUR-A OF SECTION ONE THOUSAND TWELVE 13 OF THIS CHAPTER; 14 S 7. The racing, pari-mutuel wagering and breeding law is amended by 15 adding a new section 604-a to read as follows: 16 S 604-A. TRANSFER OF ACCOUNT WAGERING OPERATIONS. NOTWITHSTANDING ANY 17 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE CORPORATION SHALL 18 TRANSFER OWNERSHIP AND TITLE TO ALL TELEPHONE BETTING AND TELEPHONE 19 WAGERING ACCOUNTS AS DEFINED IN SUBDIVISION FOUR-A OF SECTION ONE THOU- 20 SAND TWELVE OF THIS CHAPTER THAT ARE MAINTAINED AND OPERATED BY THE 21 CORPORATION TO THE NEW YORK RACING NETWORK, INC. THE CORPORATION SHALL 22 UPON SUCH TRANSFER NO LONGER HAVE THE AUTHORITY TO MAINTAIN TELEPHONE 23 BETTING OR TELEPHONE WAGERING ACCOUNTS AS DEFINED IN THIS CHAPTER OR TO 24 CONDUCT TELEPHONE OR INTERNET WAGERING AS PROVIDED FOR IN THIS CHAPTER 25 EITHER DIRECTLY OR INDIRECTLY THROUGH A THIRD PARTY PROVIDER INCLUDING 26 BUT NOT LIMITED TO A REGIONAL OFF-TRACK BETTING CORPORATION, EXCEPT AS 27 PROVIDED FOR IN SUBDIVISION ELEVEN OF SECTION SIX HUNDRED FOUR OF THIS 28 ARTICLE. THE CORPORATION SHALL UPON SUCH TRANSFER OF TELEPHONE BETTING 29 AND TELEPHONE WAGERING ACCOUNTS AS PROVIDED HEREIN NO LONGER HAVE 30 AUTHORITY TO JOINTLY OR OTHERWISE APPROVE THROUGH WRITTEN AGREEMENT, 31 CONSENT OR OTHERWISE THE CONDUCT OF IN-HOME SIMULCASTING PURSUANT TO 32 SECTION ONE THOUSAND THREE OF THIS CHAPTER. 33 S 8. The racing, pari-mutuel wagering and breeding law is amended by 34 adding a new section 604-b to read as follows: 35 S 604-B. ACCOUNT SERVICING FOR NEW YORK RACING NETWORK, INC. 1. 36 NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE CORPO- 37 RATION SHALL PERMIT ACCOUNT HOLDERS OF THE NEW YORK RACING NETWORK, 38 INC., AS ESTABLISHED PURSUANT TO ARTICLE SIX-A OF THIS CHAPTER, TO MAKE 39 DEPOSITS AND WITHDRAWALS AT BRANCH OFFICES, SIMULCAST FACILITIES OR 40 SIMULCAST THEATERS OPERATED BY THE CORPORATION FROM THEIR ACCOUNTS AT 41 THE NEW YORK RACING NETWORK, INC. A FEE OF .25 PERCENT PER TRANSACTION 42 UP TO A MAXIMUM OF TEN DOLLARS PER TRANSACTION SHALL BE ASSESSED BY THE 43 CORPORATION ON THE ACCOUNT HOLDERS OF THE NEW YORK RACING NETWORK, INC. 44 FOR SUCH DEPOSITS OR WITHDRAWALS ON THEIR ACCOUNTS. 45 2. TO THE EXTENT, BUT ONLY TO THE EXTENT, THAT THE NEW YORK CITY OFF- 46 TRACK BETTING CORPORATION'S WAGERING TERMINALS, EQUIPMENT AND SYSTEMS 47 HAVE THE ABILITY TO ACCEPT AND PROCESS ACCOUNT WAGERING TRANSACTIONS, 48 THE NEW YORK RACING NETWORK, INC.'S ACCOUNT HOLDERS MAY ALSO WAGER AT 49 BRANCH OFFICES, SIMULCAST FACILITIES OR SIMULCAST THEATERS OPERATED BY 50 THE NEW YORK CITY OFF-TRACK BETTING CORPORATION FROM THEIR ACCOUNTS AT 51 THE NEW YORK RACING NETWORK, INC., IN WHICH EVENT ANY WAGER MADE AT 52 BRANCH OFFICES, SIMULCAST FACILITIES OR SIMULCAST THEATERS OPERATED BY 53 NEW YORK CITY OFF-TRACK BETTING CORPORATION BY AN ACCOUNT HOLDER OF THE 54 NEW YORK RACING NETWORK, INC. USING THEIR ACCOUNT SHALL BE SUBJECT TO A 55 FEE OF TWO PERCENT OF THE AMOUNT OF EACH ACCOUNT WAGERING TRANSACTION UP 56 TO A MAXIMUM OF TEN DOLLARS PER TRANSACTION. S. 1 6 1 3. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, SUCH 2 ACCOUNT WAGERING TRANSACTION DESCRIBED IN THIS SECTION SHALL NOT BE 3 SUBJECT TO ANY SURCHARGE THAT OTHERWISE MAY BE REQUIRED TO BE CHARGED OR 4 COLLECTED ON WAGERS PLACED AT A NEW YORK CITY OFF-TRACK BETTING FACILI- 5 TY. 6 4. ANY TRANSACTION FEE TO BE PAID TO THE NEW YORK CITY OFF-TRACK 7 BETTING CORPORATION BY THE NEW YORK RACING NETWORK, INC. PURSUANT TO 8 THIS SECTION SHALL BE PAID WITHIN THIRTY DAYS OF THE FINAL DAY OF THE 9 MONTH IN WHICH SUCH TRANSACTION TAKES PLACE. 10 5. IF, DURING ANY FISCAL YEAR OF THE NEW YORK CITY OFF-TRACK BETTING 11 CORPORATION, PAYMENTS TO THE CORPORATION FROM THE NEW YORK RACING 12 NETWORK, INC. PURSUANT TO THIS SECTION REMAIN UNPAID FOR MORE THAN NINE- 13 TY DAYS FROM THE DATE THEY ARE DUE, OR ON THREE SEPARATE OCCASIONS 14 REMAIN UNPAID FOR MORE THAN THIRTY DAYS FROM THE DATE THEY ARE DUE, THEN 15 THE CORPORATION CANNOT BE HELD IN DEFAULT FOR AS LONG AS THE NEW YORK 16 RACING NETWORK, INC. REMAINS IN DEFAULT. 17 S 9. Subdivision 2 of section 606 of the racing, pari-mutuel wagering 18 and breeding law, as amended by chapter 115 of the laws of 2008, is 19 amended to read as follows: 20 2. The corporation shall administer its personnel pursuant to the 21 civil service law and the rules and regulations promulgated thereunder, 22 [and classification and compensation schedules of the state department 23 of civil service,] and all other applicable provisions of general laws 24 relating to civil service administration. The corporation shall retain 25 all personnel, payroll and associated employee records and shall ensure 26 that the New York city employees' retirement system has access to such 27 records for retirement purposes consistent with current records 28 retention requirements. 29 S 10. The racing, pari-mutuel wagering and breeding law is amended by 30 adding a new section 608 to read as follows: 31 S 608. DISPLAY OF RACES. EXCEPT AS TO SIMULCAST SIGNALS OF SPECIAL 32 INTEREST RACES, INCLUDING WITHOUT LIMITATION, TRIPLE CROWN AND BREEDERS 33 CUP RACES, SIMULCAST SIGNALS WHICH ARE SHOWN IN BRANCH OFFICES, SIMUL- 34 CAST FACILITIES OR SIMULCAST THEATERS OF RACE PROGRAMS RUN AT NEW YORK 35 STATE THOROUGHBRED OR HARNESS TRACKS SHALL BE PROMINENTLY DISPLAYED ON 36 THE LARGEST SCREENS AVAILABLE IN SUCH FACILITIES. 37 S 11. Section 610 of the racing, pari-mutuel wagering and breeding 38 law, as amended by chapter 115 of the laws of 2008, is amended to read 39 as follows: 40 S 610. Moneys of corporation. 1. The monetary transactions of the 41 corporation and the keeping of its books and accounts shall be under the 42 supervision of the director of the division of the budget. The chair of 43 the racing and wagering board may at any time request and shall be 44 provided for review such books and accounts. 45 2. THE ANNUAL OPERATING BUDGETS FOR THE CORPORATION SHALL BE APPROVED 46 BY THE BOARD OF THE CORPORATION, AND NO BUDGET SHALL BE APPROVED BY THE 47 BOARD THAT IS NOT BALANCED PURSUANT TO GENERALLY ACCEPTED ACCOUNTING 48 PRINCIPLES, EXCEPT THAT WITH RESPECT TO THE CORPORATION'S OTHER POST-EM- 49 PLOYMENT BENEFITS LIABILITIES, A BALANCED BUDGET SHOULD GIVE EFFECT ONLY 50 TO THE PROJECTED AGGREGATE ANNUAL CASH PAYMENT FOR OTHER POST-EMPLOYMENT 51 BENEFITS LIABILITIES. MOREOVER, THE CORPORATION SHALL NOT IMPLEMENT A 52 BUDGET APPROVED BY ITS BOARD UNTIL SUCH BUDGET IS DETERMINED TO BE 53 BALANCED BY THE DIRECTOR OF THE NEW YORK STATE DIVISION OF THE BUDGET 54 WHO SHALL NOT TAKE INTO ACCOUNT THE CORPORATION'S NON-CASH OTHER 55 POST-EMPLOYMENT BENEFITS LIABILITIES IN MAKING SUCH DETERMINATION. IN 56 THE EVENT THE BUDGET OF THE CORPORATION IS NOT DETERMINED TO BE BALANCED S. 1 7 1 BY THE DIRECTOR OF THE BUDGET PRIOR TO THE START OF THE FISCAL YEAR OF 2 THE CORPORATION, THE CORPORATION SHALL CONTINUE TO OPERATE UNDER THE 3 SPENDING LEVELS CONTAINED IN THE BUDGET OF THE PRIOR YEAR UNTIL SUCH 4 TIME AS A NEW BUDGET IS DETERMINED TO BE BALANCED BY THE DIRECTOR OF THE 5 BUDGET. 6 3. All moneys due the city pursuant to article five-A of this chapter 7 shall be paid to the New York city comptroller. 8 [3.] 4. The state comptroller and his legally authorized represen- 9 tative are authorized to examine the accounts and books of the corpo- 10 ration, including its receipts, disbursements, contracts, leases, sink- 11 ing funds, investments and any other records and papers relating to its 12 financial standing. 13 [4.] 5. The corporation shall have power, notwithstanding the 14 provisions of this section, to contract with the holders of any of its 15 bonds as to the custody, collection, securing, investment and payment of 16 any moneys of the corporation or any moneys held in trust or otherwise 17 for the payment of bonds in any way to secure bonds, and to carry out 18 any such contract notwithstanding that such contract may be inconsistent 19 with the previous provisions of this section. 20 [5.] 6. Moneys held in trust or otherwise for the payment of bonds or 21 in any way to secure bonds and deposits of such moneys may be secured in 22 the same manner as moneys of the corporation, and all banks and trust 23 companies are authorized to give such security for such deposits. 24 S 12. The racing, pari-mutuel wagering and breeding law is amended by 25 adding a new section 610-a to read as follows: 26 S 610-A. REDUCTION IN PAYMENTS REQUIRED TO BE MADE TO IN-STATE TRACKS 27 ON ACCOUNT OF ACCEPTANCE OF WAGERS ON RACES RUN AT OUT-OF-STATE TRACKS. 28 1. OTHER THAN PAYMENTS REQUIRED TO BE MADE DIRECTLY TO AN IN-STATE TRACK 29 FOR THE TAKING OF WAGERS ON RACES RUN AT AN IN-STATE TRACK, AND NOTWITH- 30 STANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER LAW, RULE OR REGU- 31 LATION TO THE CONTRARY, THE NEW YORK CITY OFF-TRACK BETTING CORPORATION 32 SHALL REDUCE ANY PAYMENTS REQUIRED TO BE MADE BY IT TO THE FRANCHISED 33 CORPORATION OR TO ANY IN-STATE, BOARD-LICENSED, THOROUGHBRED RACING 34 CORPORATION OR HARNESS RACING CORPORATION OR ASSOCIATION, ON ACCOUNT OF 35 RETAINED COMMISSIONS FROM WAGERING ACCEPTED BY THE NEW YORK CITY 36 OFF-TRACK BETTING CORPORATION ON RACES RUN AT TRACKS OUTSIDE OF NEW YORK 37 STATE, INCLUDING WITHOUT LIMITATION SUCH PAYMENTS REQUIRED TO BE MADE 38 PURSUANT TO SECTIONS FIVE HUNDRED TWENTY-SEVEN, ONE THOUSAND FOURTEEN, 39 ONE THOUSAND FIFTEEN, ONE THOUSAND SIXTEEN AND ONE THOUSAND EIGHTEEN OF 40 THIS CHAPTER. THE REDUCTIONS IN SUCH PAYMENTS SHALL BE AS FOLLOWS: FOR 41 THE FIRST FISCAL YEAR OF THE CORPORATION IN WHICH THE EFFECTIVE DATE OF 42 THIS SUBDIVISION OCCURS, SUCH PAYMENTS SHALL BE REDUCED BY FIFTY 43 PERCENT; FOR THE FOLLOWING FISCAL YEAR, SUCH PAYMENTS SHALL BE REDUCED 44 BY FORTY PERCENT; FOR THE THIRD FISCAL YEAR, SUCH PAYMENTS SHALL BE 45 REDUCED BY THIRTY PERCENT; AND FOR EACH FISCAL YEAR THEREAFTER SUCH 46 PAYMENTS SHALL BE REDUCED BY TWENTY PERCENT, PROVIDED, HOWEVER, THAT IF 47 IN THE FOURTH FISCAL YEAR OR IN ANY FISCAL YEAR THEREAFTER THE ANNUAL 48 TOTAL HANDLE OF THE NEW YORK CITY OFF-TRACK BETTING CORPORATION REACHES 49 BETWEEN SIX HUNDRED MILLION AND SIX HUNDRED TWENTY MILLION DOLLARS, THEN 50 THE REDUCTION IN SUCH PAYMENTS SHALL BE TEN PERCENT; PROVIDED, FURTHER, 51 HOWEVER THAT IF IN THE FOURTH FISCAL YEAR OR ANY SUBSEQUENT FISCAL YEAR 52 THE ANNUAL TOTAL HANDLE OF THE NEW YORK CITY OFF-TRACK BETTING CORPO- 53 RATION EXCEEDS SIX HUNDRED TWENTY MILLION DOLLARS, THEN THERE SHALL BE 54 NO REDUCTION IN SUCH PAYMENTS. 55 2. ALL PAYMENTS REQUIRED TO BE MADE BY THE NEW YORK CITY OFF-TRACK 56 BETTING CORPORATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL S. 1 8 1 BE MADE BY THE CORPORATION WITHIN SIXTY DAYS FOLLOWING THE LAST DAY OF 2 THE MONTH IN WHICH THE OBLIGATION FOR SUCH PAYMENT ACCRUED, WITH AN 3 ADDITIONAL THIRTY DAY PERIOD IN WHICH THE CORPORATION MUST CURE A 4 DEFAULT IN THE MAKING OF SUCH PAYMENT, PROVIDED, HOWEVER, THAT IN ANY 5 FISCAL YEAR OF THE NEW YORK CITY OFF-TRACK BETTING CORPORATION IN WHICH 6 THE PAYMENT REDUCTIONS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION ARE 7 LESS THAN TWENTY PERCENT AS A RESULT OF THE CORPORATION'S TOTAL ANNUAL 8 HANDLE EXCEEDING FIVE HUNDRED NINETY-NINE MILLION DOLLARS AND 9 NINETY-NINE CENTS, THE PORTION OF SUCH PAYMENTS THAT ARE DEPENDENT UPON 10 THE CORPORATION'S TOTAL ANNUAL HANDLE EXCEEDING SUCH AMOUNT SHALL BE 11 PAID BY THE CORPORATION WITHIN THIRTY DAYS FOLLOWING THE END OF SUCH 12 FISCAL YEAR, WITH AN ADDITIONAL THIRTY DAY PERIOD IN WHICH THE CORPO- 13 RATION MUST CURE A DEFAULT IN MAKING OF ANY SUCH PAYMENTS. 14 3. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER LAW, 15 RULE OR REGULATION TO THE CONTRARY, THE NEW YORK CITY OFF-TRACK BETTING 16 CORPORATION SHALL CALCULATE THE STATUTORY PAYMENTS IT IS REQUIRED TO 17 MAKE TO THE AGRICULTURAL AND NEW YORK STATE HORSE BREEDING DEVELOPMENT 18 FUND BY USING THE SAME PERCENTAGE RATE USED TO CALCULATE THE STATUTORY 19 PAYMENTS REQUIRED TO BE MADE BY IT TO THE NEW YORK STATE THOROUGHBRED 20 BREEDING AND DEVELOPMENT FUND. 21 S 13. Section 613 of the racing, pari-mutuel wagering and breeding law 22 is amended to read as follows: 23 S 613. Agreement of the state. The state does pledge to and agree with 24 the holders of any and all bonds and notes of the corporation that the 25 state will not authorize any officer or agency of government, other than 26 the corporation, EXCEPT AS OTHERWISE PROVIDED FOR IN THIS ARTICLE, or 27 any private person, to [conduct] OPERATE off-track betting in the city 28 on horse races, nor in any manner limit or alter the rights hereby vest- 29 ed in the corporation to fulfill the terms of any agreements made with 30 the said holders, or in any way impair the rights and remedies of such 31 holders until the bonds and notes, together with the interest thereon, 32 interest on any unpaid installments of interest, and all costs and 33 expenses in connection with any action or proceeding by or on behalf of 34 such holders, are fully met and discharged. The corporation is author- 35 ized to include this pledge and agreement of the state in any agreement 36 with the holders of such bonds or notes. 37 S 14. The racing, pari-mutuel wagering and breeding law is amended by 38 adding a new section 615 to read as follows: 39 S 615. AUTHORITY TO NEGOTIATE SIMULCAST SIGNALS FOR THIRD PARTIES. THE 40 CORPORATION SHALL BE AUTHORIZED TO CONTRACT WITH THE FRANCHISED CORPO- 41 RATION, A THOROUGHBRED RACING CORPORATION OR ANY HARNESS CORPORATION 42 LICENSED BY THE BOARD TO NEGOTIATE ON SUCH ENTITIES' BEHALF WITH 43 OUT-OF-STATE OR OUT-OF-COUNTRY RACETRACKS TO PROVIDE SIMULCAST SIGNALS 44 TO SUCH ENTITIES. 45 S 15. The racing, pari-mutuel wagering and breeding law is amended by 46 adding a new section 617-a to read as follows: 47 S 617-A. REDUCTIONS IN PARI-MUTUEL TAX PAYMENTS. NOTWITHSTANDING ANY 48 INCONSISTENT PROVISION OF THIS CHAPTER OR OF ANY OTHER LAW, RULE OR 49 REGULATION, THE NEW YORK CITY OFF-TRACK BETTING CORPORATION SHALL REDUCE 50 BY FIFTY PERCENT PAYMENTS DUE FOR PARI-MUTUEL TAXES TO THE STATE DEPART- 51 MENT OF TAXATION AND FINANCE THAT WOULD OTHERWISE BE REQUIRED TO BE MADE 52 PURSUANT TO THE PROVISIONS OF THIS CHAPTER, PROVIDED, HOWEVER, IN THE 53 EVENT THAT THE ANNUAL TOTAL HANDLE OF NEW YORK CITY OFF-TRACK BETTING IN 54 ANY FISCAL YEAR BEGINNING TWO FISCAL YEARS AFTER THE EFFECTIVE DATE OF 55 THIS SECTION IS: SIX HUNDRED MILLION DOLLARS OR GREATER BUT NOT MORE 56 THAN SIX HUNDRED FIFTEEN MILLION DOLLARS, SUCH REDUCTION IN PARI-MUTUEL S. 1 9 1 TAX PAYMENTS SHALL BE FORTY-TWO AND ONE-HALF PERCENT; GREATER THAN SIX 2 HUNDRED FIFTEEN MILLION DOLLARS BUT NOT MORE THAN SIX HUNDRED TWENTY 3 MILLION DOLLARS, SUCH REDUCTION IN PARI-MUTUEL TAX PAYMENTS SHALL BE 4 THIRTY-SEVEN AND ONE-HALF PERCENT; GREATER THAN SIX HUNDRED TWENTY 5 MILLION DOLLARS BUT NOT MORE THAN SIX HUNDRED THIRTY MILLION DOLLARS, 6 SUCH REDUCTION IN PARI-MUTUEL TAX PAYMENTS SHALL BE TWENTY-FIVE PERCENT; 7 GREATER THAN SIX HUNDRED THIRTY MILLION DOLLARS BUT NOT MORE THAN SIX 8 HUNDRED THIRTY-FIVE MILLION DOLLARS, SUCH REDUCTION IN PARI-MUTUEL TAX 9 PAYMENTS SHALL BE SEVENTEEN AND ONE-HALF PERCENT; GREATER THAN SIX 10 HUNDRED THIRTY-FIVE MILLION DOLLARS BUT NOT MORE THAN SIX HUNDRED FORTY 11 MILLION DOLLARS, SUCH REDUCTION IN PARI-MUTUEL TAX PAYMENTS SHALL BE 12 SEVEN AND ONE-HALF PERCENT; AND IN EXCESS OF SIX HUNDRED FORTY MILLION 13 DOLLARS, THERE SHALL BE NO REDUCTION OF PARI-MUTUEL TAX PAYMENTS. THE 14 NEW YORK CITY OFF-TRACK BETTING CORPORATION SHALL MAKE MONTHLY PAYMENTS 15 OF PARI-MUTUEL TAX BASED UPON SUCH FIFTY PERCENT REDUCTION. WITHIN THIR- 16 TY DAYS OF THE END OF THE FISCAL YEAR OF THE CORPORATION, THE CORPO- 17 RATION SHALL PAY THE REMAINDER OF ANY PARI-MUTUEL TAX THAT MAY BE DUE AS 18 A RESULT OF A LOWER ALLOWABLE REDUCTION BASED UPON A CALCULATION OF 19 ANNUAL HANDLE AT THE CLOSE OF NEW YORK CITY OFF-TRACK BETTING CORPO- 20 RATION'S FISCAL YEAR. 21 S 16. The racing, pari-mutuel wagering and breeding law is amended by 22 adding a new section 623-a to read as follows: 23 S 623-A. FILING OF PETITIONS BY THE NEW YORK CITY OFF-TRACK BETTING 24 CORPORATION. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR EXECUTIVE 25 ORDER TO THE CONTRARY, IT IS HEREBY DECLARED TO BE THE POLICY OF THE 26 STATE OF NEW YORK THAT THE NEW YORK CITY OFF-TRACK BETTING CORPORATION 27 SHALL NOT BE AUTHORIZED TO FILE ANY PETITION AFTER THE EFFECTIVE DATE OF 28 THIS SECTION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT- 29 CY UNDER ANY PROVISION OF THE LAWS OF THE UNITED STATES FOR THE COMPOSI- 30 TION OR ADJUSTMENT OF MUNICIPAL INDEBTEDNESS. 31 S 17. Section 624 of the racing, pari-mutuel wagering and breeding 32 law, as amended by chapter 115 of the laws of 2008, is amended to read 33 as follows: 34 S 624. Termination of the corporation; ASSUMPTION OF MANAGEMENT OF THE 35 CORPORATION. 1. The corporation and its corporate existence shall 36 continue until terminated by law; provided, however, that no such law 37 shall take effect so long as the corporation shall have bonds, notes or 38 other obligations outstanding, INCLUDING BUT NOT LIMITED TO A LICENSE 39 AND MANAGEMENT AGREEMENT AS PROVIDED FOR IN SUBDIVISION TWO OF THIS 40 SECTION. Upon termination of the existence of the corporation all of its 41 rights, property, assets and funds shall thereupon vest in and be 42 possessed by the state. 43 2. SHOULD THE CORPORATION: (A) FAIL TO PAY ANY COMMISSIONS DUE TO THE 44 IN-STATE RACE TRACKS WHICH SHALL BE DUE NOT LATER THAN SIXTY DAYS FROM 45 THE LAST DAY OF THE MONTH IN WHICH SUCH COMMISSIONS ACCRUED, PLUS AN 46 ADDITIONAL THIRTY DAY CURE PERIOD; OR (B) FAIL TO ACHIEVE POSITIVE EARN- 47 INGS BEFORE INTEREST, TAXES, DEPRECIATION AND AMORTIZATION IN ANY TWO 48 CONSECUTIVE FISCAL YEARS; OR (C) FAIL TO HAVE A BALANCED BUDGET, AS 49 DETERMINED BY THE DIRECTOR OF THE STATE BUDGET IN ACCORDANCE WITH 50 SECTION SIX HUNDRED TEN OF THIS ARTICLE IN ANY FISCAL YEAR; THEN THE NEW 51 YORK RACING NETWORK, INC. MAY ASSUME, PURSUANT TO A LICENSE AND MANAGE- 52 MENT AGREEMENT, THE LENGTH OF THE TERM OF WHICH SHALL BE SUBJECT TO THE 53 APPROVAL OF THE RACING AND WAGERING BOARD, THE MANAGEMENT AND OPERA- 54 TIONAL CONTROL OF THE BUSINESS ACTIVITIES OF THE CORPORATION. IN THE 55 EVENT THAT THE NEW YORK RACING NETWORK, INC. AGREES TO ASSUME MANAGEMENT 56 AND OPERATIONAL CONTROL OF THE CORPORATION, THE FRANCHISED CORPORATION S. 1 10 1 AND THE HARNESS TRACK LOCATED IN WESTCHESTER COUNTY SHALL BE JOINTLY 2 RESPONSIBLE FOR THE MANAGEMENT AND OPERATIONAL CONTROL OF THE BUSINESS 3 ACTIVITIES OF THE CORPORATION ON BEHALF OF THE NEW YORK RACING NETWORK, 4 INC., PROVIDED, HOWEVER, THAT NEITHER SHALL DIRECTLY RECEIVE ADDITIONAL 5 COMPENSATION FOR PROVIDING SUCH MANAGEMENT SERVICES. IN THE EVENT OF 6 THE ASSUMPTION OF THE MANAGEMENT AND OPERATIONAL CONTROL OF THE CORPO- 7 RATION BY THE NEW YORK RACING NETWORK, INC., PURSUANT TO THIS SECTION, 8 THE CORPORATION WILL CONTINUE TO BE GOVERNED AND OWNED IN A FORM 9 CONSISTENT WITH GOVERNANCE AND OWNERSHIP EXISTING AT THE TIME OF THE 10 TRANSFER OF MANAGEMENT. ASSUMPTION BY NEW YORK RACING NETWORK, INC., OF 11 THE MANAGEMENT AND OPERATIONAL CONTROL OF THE CORPORATION SHALL NOT 12 ALTER THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE WORKFORCE, AND ANY 13 CURRENT COLLECTIVE BARGAINING AGREEMENTS WITH ITS EMPLOYEE ORGANIZATIONS 14 SHALL REMAIN IN FULL FORCE AND EFFECT. 15 S 18. The racing, pari-mutuel wagering and breeding law is amended by 16 adding a new article 6-A to read as follows: 17 ARTICLE 6-A 18 NEW YORK RACING NETWORK, INC. 19 SECTION 625. NEW YORK RACING NETWORK, INC. 20 626. DISTRIBUTION OF REVENUES. 21 S 625. NEW YORK RACING NETWORK, INC. NOTWITHSTANDING ANY OTHER LAW, 22 RULE OR REGULATION TO THE CONTRARY, A CORPORATION WHICH SHALL BE NAMED 23 THE NEW YORK RACING NETWORK, INC. SHALL BE INCORPORATED BY THE FRAN- 24 CHISED CORPORATION, A THOROUGHBRED RACING CORPORATION AND ONE OR MORE 25 HARNESS RACING CORPORATIONS WHICH ARE MEMBERS OF THE OFFICIAL COMMITTEE 26 OF CREDITORS OF THE NEW YORK CITY OFF-TRACK BETTING CORPORATION UNDER 27 CHAPTER NINE OF THE UNITED STATES BANKRUPTCY CODE PURSUANT TO EITHER THE 28 BUSINESS CORPORATION LAW OR THE LIMITED LIABILITY COMPANY LAW. THE NEW 29 YORK RACING NETWORK, INC. SHALL BE AUTHORIZED TO CONDUCT OFF-TRACK 30 PARI-MUTUEL WAGERING UNDER THIS CHAPTER AND TO DISPLAY THE SIMULCAST OF 31 HORSE RACES INCLUDING BUT NOT LIMITED TO THROUGH IN-HOME SIMULCAST AND 32 VIDEO STREAMING OF RACES ON THE INTERNET ON WHICH PARI-MUTUEL BETTING 33 SHALL BE PERMITTED SUBJECT TO ARTICLE TEN OF THIS CHAPTER. THE NEW YORK 34 RACING NETWORK, INC. SHALL ISSUE SHARES TO THE FRANCHISED CORPORATION, A 35 THOROUGHBRED RACING CORPORATION AND ONE OR MORE HARNESS RACING CORPO- 36 RATIONS ON A PRO-RATA BASIS BASED ON THE AGGREGATE AMOUNT OF SUCH CORPO- 37 RATION'S PRE-PETITION AND POST-PETITION CLAIMS IN A BANKRUPTCY PROCEED- 38 ING FILED BY THE NEW YORK CITY OFF-TRACK BETTING CORPORATION UNDER 39 CHAPTER NINE OF THE BANKRUPTCY CODE IN THE SOUTHERN DISTRICT OF NEW 40 YORK. THE NEW YORK RACING NETWORK, INC. SHALL BE AUTHORIZED TO APPLY FOR 41 A SIMULCAST LICENSE PURSUANT TO SECTION ONE THOUSAND THREE OF THIS CHAP- 42 TER. UNLESS OTHERWISE SPECIFICALLY PROVIDED, THE NEW YORK RACING 43 NETWORK, INC. SHALL BE SUBJECT TO ALL REQUIREMENTS OF LAW AND REGU- 44 LATIONS APPLICABLE TO NEW YORK STATE PARI-MUTUEL BETTING OPERATORS, 45 INCLUDING APPROVAL OF A PLAN OF OPERATION BY THE RACING AND WAGERING 46 BOARD. THE SHARES OR MEMBERSHIP INTERESTS IN THE NEW YORK RACING 47 NETWORK, INC. SHALL NOT BE TRANSFERRED TO PARTIES OTHER THAN THE 48 ORIGINAL INCORPORATING INTERESTS WITHOUT THE PRIOR WRITTEN APPROVAL OF 49 THE RACING AND WAGERING BOARD. THE SIMULCAST LICENSE FOR THE NEW YORK 50 RACING NETWORK, INC. SHALL INCLUDE THE AUTHORIZATION TO SIMULCAST INTO 51 RESIDENCES, HOMES OR OTHER AREAS THOROUGH EITHER A CABLE TELEVISION 52 SIGNAL, VIDEO STREAMING USING THE INTERNET OR SIMILAR TECHNOLOGY FOR 53 TRANSMISSION OF SUCH SIMULCAST SIGNAL WHICH ARE WITHIN THE CITY OF NEW 54 YORK. NO AGREEMENT OR OTHER WRITTEN CONSENT WITH OR FROM NEW YORK CITY S. 1 11 1 OFF-TRACK BETTING SHALL BE REQUIRED TO AUTHORIZE THE AFORESAID SIMUL- 2 CASTING. 3 S 626. DISTRIBUTION OF REVENUES. NOTWITHSTANDING ANY LAW, RULE OR 4 REGULATION TO THE CONTRARY, THE NEW YORK RACING NETWORK, INC. SHALL 5 DISTRIBUTE ALL SUMS DEPOSITED IN ANY PARI-MUTUEL POOL THROUGH THE NEW 6 YORK RACING NETWORK, INC. TO THE HOLDERS OF WINNING TICKETS THEREIN, 7 PROVIDING SUCH TICKETS ARE PRESENTED FOR PAYMENT PRIOR TO APRIL FIRST OF 8 THE YEAR FOLLOWING THE YEAR OF THEIR PURCHASE. IN THE CASE OF TOTAL 9 DEPOSITS IN POOLS RESULTING FROM REGULAR, MULTIPLE, EXOTIC OR SUPER 10 EXOTIC BETS ON THE RACING PROGRAMS OF THE FRANCHISED CORPORATION, A 11 THOROUGHBRED CORPORATION OR A HARNESS RACING CORPORATION WHICH ARE 12 SHAREHOLDERS OF THE NEW YORK RACING NETWORK, INC., SUCH BETS SHALL BE 13 TREATED AS POOLS FOR AN ON-TRACK BET AT SUCH ENTITY AS PROVIDED FOR IN 14 THIS CHAPTER, EXCEPT THAT ONE PERCENT OF THE TOTAL TAKEOUT IN SUCH POOLS 15 SHALL BE RETAINED BY THE NEW YORK RACING NETWORK, INC. AS A MANAGEMENT 16 FEE. IN THE CASE OF TOTAL DEPOSITS IN POOLS RESULTING FROM REGULAR, 17 MULTIPLE, EXOTIC OR SUPER EXOTIC BETS ON TRACKS LOCATED IN NEW YORK 18 STATE WHICH ARE NOT SHAREHOLDERS IN NEW YORK RACING NETWORK, INC. OR 19 ARE MADE ON OUT-OF-STATE OR OUT-OF-COUNTRY RACES SUCH BETS SHALL BE 20 TREATED AS IF MADE AT A NEW YORK CITY OFF-TRACK BETTING FACILITY WITH 21 RESPECT TO RETENTION OF TOTAL DEPOSITS IN THE POOL AND PAYMENTS THERE- 22 FROM. 23 S 19. Subdivisions 4-a and 5 of section 1012 of the racing, pari-mutu- 24 el wagering and breeding law, subdivision 4-a as amended by chapter 18 25 of the laws of 2008 and subdivision 5 as amended by section 11 of part C 26 of chapter 134 of the laws of 2010, are amended to read as follows: 27 4-a. For the purposes of this section, "telephone betting accounts" 28 and "telephone wagering" shall mean and include all those wagers which 29 utilize any wired or wireless communications device, including but not 30 limited to wireline telephones, wireless telephones, and the internet, 31 to DISPLAY LIVE RACES AND SPECIAL EVENTS, AND, NOTWITHSTANDING ANY LAW, 32 RULE OR REGULATION TO THE CONTRARY, WITH RESPECT TO NEW YORK RACING 33 NETWORK, INC., IF INTERNET WAGERING IS PROVIDED PURSUANT TO THIS 34 SECTION, IT SHALL INCLUDE NEW YORK STATE TRACKS WHICH ARE CONDUCTING A 35 RACE MEET AND A VIDEOSTREAM OF THEIR RACES SHALL BE MADE AVAILABLE UPON 36 THEIR CONSENT, AND transmit the placement of wagers on races and special 37 events offered by any regional off-track betting corporation, and any 38 harness, thoroughbred, quarter horse racing association or corporation 39 licensed or franchised to conduct pari-mutuel racing in New York state. 40 5. The provisions of this section shall [expire and be of no further 41 force and effect after June thirtieth, two thousand eleven] NOT BE 42 SUBJECT TO THE PROVISIONS OF SECTION ONE THOUSAND THREE OF THIS ARTICLE, 43 HOWEVER, NO RACES OR SPECIAL EVENTS SHALL BE DISPLAYED WITHOUT THE 44 EXPRESS CONSENT OF THE ORIGINATOR OF THE RACES OR SPECIAL EVENTS. 45 S 20. The racing, pari-mutuel wagering and breeding law is amended by 46 adding a new section 1013-a to read as follows: 47 S 1013-A. SIMULCAST SIGNAL OF RACES. UPON THE EFFECTIVE DATE OF THIS 48 SECTION AND THEREAFTER, THE SIMULCAST SIGNAL OF ALL RACES RUN AT THE 49 TRACKS OPERATED BY THE FRANCHISED CORPORATION SHALL BE PROVIDED AT NO 50 COST TO THE NEW YORK CITY OFF-TRACK BETTING CORPORATION FOR DISPLAY FOR 51 WAGERING PURPOSES IN ITS SIMULCAST FACILITIES. 52 S 21. Paragraph h of subdivision 1 of section 1014 of the racing, 53 pari-mutuel wagering and breeding law, as amended by chapter 18 of the 54 laws of 2008, is amended to read as follows: 55 h. (1) Licensed harness tracks shall receive, EXCEPT FROM THE NEW YORK 56 CITY OFF-TRACK BETTING CORPORATION, in lieu of any other payments on S. 1 12 1 wagers placed at off-track betting facilities outside the special 2 betting district on races conducted by an in-state thoroughbred racing 3 corporation, two and eight-tenths percent on regular and multiple bets 4 during a regional meeting and one and nine-tenths percent of such bets 5 if there is no regional meeting and four and eight-tenths percent on 6 exotic bets on days on which there is a regional meeting and three and 7 four-tenths percent of such bets if there is no regional meeting. 8 (2) (i) In addition, licensed harness tracks shall receive, EXCEPT 9 FROM THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, one and one-half 10 per centum on total handle on races conducted at an out-of-state or 11 out-of-country thoroughbred track provided such harness track is neither 12 accepting wagers nor displaying the signal from an out-of-state track. 13 (ii) In those regions in which there is more than one licensed harness 14 track, if no track is accepting wagers or displaying the live simulcast 15 signal from the out-of-state track, the total sum shall be divided among 16 the tracks in proportion to the ratio the wagers placed on races 17 conducted by each track bears to the corporation's total in-region 18 harness handle. If one or more tracks are accepting wagers or displaying 19 the live simulcast signal, the total amount shall be divided among those 20 tracks not accepting wagers or displaying the simulcast signal for an 21 out-of-state track. 22 (3) The terms used in this section shall have the same applicability 23 and meaning as interpreted and applied in sections five hundred twenty- 24 three and five hundred twenty-seven of this chapter. 25 S 22. Clause (E) of subparagraph 5 and clause (F) of subparagraph 6 of 26 paragraph b of subdivision 1 of section 1016 of the racing, pari-mutuel 27 wagering and breeding law, as amended by chapter 18 of the laws of 2008, 28 are amended to read as follows: 29 (E) On days when a franchised corporation is not conducting a race 30 meeting and when a licensed harness track is neither accepting wagers 31 nor displaying the signal from an in-state thoroughbred corporation or 32 association or an out-of-state thoroughbred track: 33 (i) Such licensed regional harness track shall receive, EXCEPT FROM 34 THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, in lieu of any other 35 payments on wagers placed at off-track betting facilities outside the 36 special betting district on races conducted by an in-state thoroughbred 37 racing corporation, two and eight-tenths percent on regular and multiple 38 bets during a regional meeting and one and nine-tenths percent of such 39 bets if there is no regional meeting and four and eight-tenths percent 40 on exotic bets on days on which there is a regional meeting and three 41 and four-tenths percent of such bets if there is no regional meeting. 42 (ii) Such licensed regional harness track shall receive, EXCEPT FROM 43 THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, one and one-half per 44 centum on total regional handle on races conducted at out-of-state or 45 out-of-country thoroughbred tracks. 46 (iii) In those regions in which there is more than one licensed 47 regional harness track, if no track is accepting wagers or displaying 48 the live simulcast signal from the out-of-state track, the total sum 49 shall be divided among the tracks in proportion to the ratio the wagers 50 placed on races conducted by each track bears to the corporation's total 51 in-region harness handle. If one or more tracks are accepting wagers or 52 displaying the live simulcast signal, the total amount shall be divided 53 among those tracks not accepting wagers or displaying the simulcast 54 signal for an out-of-state track or in-state thoroughbred corporation or 55 association. S. 1 13 1 (F) On days when a franchised corporation is not conducting a race 2 meeting and when a licensed harness track is neither accepting wagers 3 nor displaying the signal from an in-state thoroughbred corporation or 4 association or an out-of-state thoroughbred track: 5 (i) Such licensed regional harness track shall receive, EXCEPT FROM 6 THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, in lieu of any other 7 payments on wagers placed at off-track betting facilities outside the 8 special betting district on races conducted by an in-state thoroughbred 9 racing corporation, two and eight-tenths percent on regular and multiple 10 bets during a regional meeting and one and nine-tenths percent of such 11 bets if there is no regional meeting and four and eight-tenths percent 12 on exotic bets on days on which there is a regional meeting and three 13 and four-tenths percent of such bets if there is no regional meeting. 14 (ii) Such licensed regional harness track shall receive, EXCEPT FROM 15 THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, one and one-half per 16 centum on total regional handle on races conducted at out-of-state or 17 out-of-country thoroughbred tracks. 18 (iii) In those regions in which there is more than one licensed 19 regional harness track, if no track is accepting wagers or displaying 20 the live simulcast signal from the out-of-state track, the total sum 21 shall be divided among the tracks in proportion to the ratio the wagers 22 placed on races conducted by each track bears to the corporation's total 23 in-region harness handle. If one or more tracks are accepting wagers or 24 displaying the live simulcast signal, the total amount shall be divided 25 among those tracks not accepting wagers or displaying the simulcast 26 signal for an out-of-state track or in-state thoroughbred corporation. 27 S 23. Subdivision 2 of section 1017 of the racing, pari-mutuel wager- 28 ing and breeding law, as amended by chapter 18 of the laws of 2008, is 29 amended to read as follows: 30 2. a. Maintenance of effort. Any off-track betting corporation, OTHER 31 THAN THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, which engages in 32 accepting wagers on the simulcasts of thoroughbred races from out-of- 33 state or out-of-country as permitted under subdivision one of this 34 section shall submit to the board, for its approval, a schedule of 35 payments to be made in any year or portion thereof, that such off-track 36 corporation engages in nighttime thoroughbred simulcasting. In order to 37 be approved by the board, the payment schedule shall be identical to the 38 actual payments and distributions of such payments to tracks and purses 39 made by such off-track corporation pursuant to the provisions of section 40 one thousand fifteen of this article during the year two thousand two, 41 as derived from out-of-state harness races displayed after 6:00 P.M. If 42 approved by the board, such scheduled payments shall be made from reven- 43 ues derived from any simulcasting conducted pursuant to this section and 44 section one thousand fifteen of this article. 45 b. Additional payments. During each calendar year, to the extent, and 46 at such time in the event, that aggregate statewide wagering handle 47 after 7Labor P.M. on out-of-state and out-of-country thoroughbred races, 48 EXCLUDING THE AMOUNT OF SUCH HANDLE ATTRIBUTABLE TO THE NEW YORK CITY 49 OFF-TRACK BETTING CORPORATION, exceeds [one hundred] THIRTY-FIVE million 50 dollars, each off-track betting corporation, OTHER THAN THE NEW YORK 51 CITY OFF-TRACK BETTING CORPORATION, conducting such simulcasting shall 52 pay to its regional harness track or tracks, an amount equal to two 53 percent of its proportionate share of such excess handle. In any region 54 where there are two or more regional harness tracks, such two percent 55 shall be divided between or among the tracks in a proportion equal to 56 the proportion of handle on live harness races conducted at such tracks S. 1 14 1 during the preceding calendar year. Fifty percent of the sum received by 2 each track pursuant to this paragraph shall be used exclusively for 3 increasing purses, stakes and prizes at that regional harness track. 4 S 24. Clause (H) of subparagraph (ii) of paragraph 1 of subdivision b 5 of section 1612 of the tax law, as amended by section 6 of part K of 6 chapter 57 of the laws of 2010, is amended to read as follows: 7 (H) notwithstanding clauses (A), (B), (C), (D), (E), (F) and (G) of 8 this subparagraph, the track operator of a vendor track shall be eligi- 9 ble for a vendor's capital award of up to four percent of the total 10 revenue wagered at the vendor track after payout for prizes pursuant to 11 this chapter, which shall be used exclusively for capital project 12 investments to improve the facilities of the vendor track which promote 13 or encourage increased attendance at the video lottery gaming facility 14 including, but not limited to hotels, other lodging facilities, enter- 15 tainment facilities, retail facilities, dining facilities, events 16 arenas, parking garages and other improvements that enhance facility 17 amenities; provided that such capital investments shall be approved by 18 the division, in consultation with the state racing and wagering board, 19 and that such vendor track demonstrates that such capital expenditures 20 will increase patronage at such vendor track's facilities and increase 21 the amount of revenue generated to support state education programs. The 22 annual amount of such vendor's capital awards that a vendor track shall 23 be eligible to receive shall be limited to two million five hundred 24 thousand dollars, except for Aqueduct racetrack, for which there shall 25 be no vendor's capital awards. PROVIDED, HOWEVER, A VENDOR TRACK THAT 26 RECEIVED A VENDOR FEE PURSUANT TO CLAUSE (F) OF THIS SUBPARAGRAPH AS OF 27 JANUARY FIRST, TWO THOUSAND TEN SHALL ONLY BE ELIGIBLE TO RECEIVE A 28 CAPITAL AWARD FOR APPROVED CAPITAL EXPENDITURES ON OR AFTER MAY FIRST, 29 TWO THOUSAND TWELVE, IN AN AMOUNT NOT TO EXCEED ONE AND ONE-HALF PERCENT 30 OF THE TOTAL REVENUE WAGERED AT SUCH TRACK AFTER PAYOUT FOR PRIZES. 31 Except for tracks having less than one thousand one hundred video gaming 32 machines, each track operator shall be required to co-invest an amount 33 of capital expenditure equal to its cumulative vendor's capital award 34 FOR ANY CAPITAL INVESTMENTS APPROVED BY THE DIVISION ON OR BEFORE OCTO- 35 BER THIRTY-FIRST, TWO THOUSAND TEN, AND NO CO-INVESTMENT SHALL BE 36 REQUIRED FOR A CAPITAL AWARD FOR ANY CAPITAL INVESTMENTS APPROVED BY THE 37 DIVISION ON OR AFTER NOVEMBER FIRST, TWO THOUSAND TEN. For all tracks, 38 except for Aqueduct racetrack, the amount of any vendor's capital award 39 that is not used during any one year period may be carried over into 40 subsequent years ending before April first, two thousand thirteen. Any 41 amount attributable to a capital expenditure approved prior to April 42 first, two thousand thirteen and completed before April first, two thou- 43 sand fifteen shall be eligible to receive the vendor's capital award. In 44 the event that a vendor track's capital expenditures, approved by the 45 division prior to April first, two thousand thirteen and completed prior 46 to April first, two thousand fifteen, exceed the vendor track's cumula- 47 tive capital award during the five year period ending April first, two 48 thousand thirteen, the vendor shall continue to receive the capital 49 award after April first, two thousand thirteen until such approved capi- 50 tal expenditures are paid to the vendor track subject to any required 51 co-investment. In no event shall any vendor track that receives a vendor 52 fee pursuant to clause [(F) or] (G) of this subparagraph be eligible for 53 a vendor's capital award under this section. Any operator of a vendor 54 track which has received a vendor's capital award, choosing to divest 55 the capital improvement toward which the award was applied, prior to the 56 full depreciation of the capital improvement in accordance with general- S. 1 15 1 ly accepted accounting principles, shall reimburse the state in amounts 2 equal to the total of any such awards. Any capital award not approved 3 for a capital expenditure at a video lottery gaming facility by April 4 first, two thousand thirteen shall be deposited into the state lottery 5 fund for education aid; and 6 S 25. Subparagraph (ii) of paragraph 1 of subdivision b of section 7 1612 of the tax law is amended by adding a new clause (I) to read as 8 follows: 9 (I) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, SUBSIDIZED FREE 10 PLAY CREDITS AUTHORIZED PURSUANT TO SUBDIVISION F OF SECTION SIXTEEN 11 HUNDRED SEVENTEEN-A OF THIS ARTICLE SHALL NOT BE INCLUDED IN THE CALCU- 12 LATION OF THE TOTAL AMOUNT WAGERED ON VIDEO LOTTERY GAMES, THE TOTAL 13 AMOUNT WAGERED AFTER PAYOUT OF PRIZES, THE VENDOR FEES PAYABLE TO THE 14 OPERATORS OF VIDEO LOTTERY FACILITIES, VENDOR'S CAPITAL AWARDS, VENDOR'S 15 MARKETING ALLOWANCES, FEES PAYABLE TO THE DIVISION'S VIDEO LOTTERY 16 GAMING EQUIPMENT CONTRACTORS, OR RACING SUPPORT PAYMENTS. 17 S 26. Section 1617-a of the tax law is amended by adding a new subdi- 18 vision f to read as follows: 19 F. SUBSIDIZED FREE PLAY. 1. THE DIVISION MAY PROMULGATE RULES AND 20 REGULATIONS OR ISSUE INSTRUCTIONS TO THE VIDEO LOTTERY FACILITY OPERA- 21 TORS GOVERNING THE ADMINISTRATION AND OPERATION OF A PROGRAM OF SUBSI- 22 DIZED FREE PLAY CREDITS TO BE OFFERED TO PLAYERS OR PROSPECTIVE PLAYERS 23 OF VIDEO LOTTERY GAMES FOR THE PURPOSE OF INCREASING REVENUES EARNED BY 24 THE VIDEO LOTTERY PROGRAM FOR THE SUPPORT OF EDUCATION. FOR THE PURPOSES 25 OF THIS SUBDIVISION, "SUBSIDIZED FREE PLAY CREDIT" MEANS A SPECIFIED 26 DOLLAR AMOUNT THAT (I) MAY BE USED BY A PLAYER TO PLAY A VIDEO LOTTERY 27 GAME WITHOUT PAYING ANY OTHER CONSIDERATION, AND (II) IS NOT USED IN THE 28 CALCULATION OF TOTAL REVENUE WAGERED AFTER PAYOUT OF PRIZES AND THERE- 29 FORE SUBSIDIZES THE PROMOTION OF THE VIDEO LOTTERY PROGRAM. 30 2. FOR EACH VIDEO LOTTERY FACILITY, THE DIVISION SHALL AUTHORIZE THE 31 USE OF SUBSIDIZED FREE PLAY CREDITS IF THE OPERATOR OF SUCH FACILITY 32 SUBMITS A WRITTEN PLAN FOR THE USE OF SUBSIDIZED FREE PLAY CREDITS THAT 33 THE DIVISION DETERMINES IS DESIGNED TO INCREASE THE AMOUNT OF REVENUE 34 EARNED BY VIDEO LOTTERY GAMING AT SUCH FACILITY FOR THE SUPPORT OF 35 EDUCATION. 36 3. FOR EACH VIDEO LOTTERY FACILITY, THE VALUE OF THE SUBSIDIZED FREE 37 PLAY CREDITS AUTHORIZED FOR USE ANNUALLY BY THE OPERATOR PURSUANT TO 38 THIS SUBDIVISION SHALL BE AN AMOUNT EQUAL TO SEVEN AND ONE-HALF PERCENT 39 OF THE TOTAL AMOUNT WAGERED ON VIDEO LOTTERY GAMES AFTER PAYOUT OF 40 PRIZES. PROVIDED, HOWEVER, THE VALUE OF THE SUBSIDIZED FREE PLAY CREDITS 41 AUTHORIZED FOR USE ANNUALLY BY A VIDEO LOTTERY FACILITY OPERATOR AT A 42 VENDOR TRACK THAT RECEIVES A VENDOR FEE PURSUANT TO CLAUSE (C) OR (F) OF 43 SUBPARAGRAPH (II) OF PARAGRAPH 1 OF SUBDIVISION B OF SECTION SIXTEEN 44 HUNDRED TWELVE OF THIS ARTICLE SHALL BE AN AMOUNT EQUAL TO TEN PERCENT 45 OF THE TOTAL AMOUNT WAGERED ON VIDEO LOTTERY GAMES AFTER PAYOUT OF 46 PRIZES. PROVIDED, FURTHER, THE VALUE OF THE SUBSIDIZED FREE PLAY CREDITS 47 AUTHORIZED FOR USE ANNUALLY BY A VIDEO LOTTERY FACILITY OPERATOR AT A 48 VENDOR TRACK THAT RECEIVES A VENDOR FEE PURSUANT TO CLAUSE (D) OR (E) OF 49 SUBPARAGRAPH (II) OF PARAGRAPH 1 OF SUBDIVISION B OF SECTION SIXTEEN 50 HUNDRED TWELVE OF THIS ARTICLE AND IS NOT WITHIN FIFTEEN MILES OF A 51 NATIVE AMERICAN CLASS III GAMING FACILITY THAT OPERATED PRIOR TO JANUARY 52 FIRST, TWO THOUSAND TEN, PURSUANT TO A COMPACT THAT INCLUDES EXCLUSIVITY 53 PAYMENTS TO THE STATE SHALL BE AN AMOUNT EQUAL TO TEN PERCENT OF THE 54 TOTAL AMOUNT WAGERED ON VIDEO LOTTERY GAMES AFTER PAYOUT OF PRIZES. A 55 VIDEO LOTTERY FACILITY OPERATOR MAY USE AN AMOUNT OF SUBSIDIZED FREE 56 PLAY CREDITS THAT IS LESS THAN THE TOTAL AUTHORIZED, AND THE DIVISION S. 1 16 1 SHALL ESTABLISH PROCEDURES TO ASSURE THAT SUBSIDIZED FREE PLAY CREDITS 2 DO NOT EXCEED THE MAXIMUM AMOUNT ALLOWED PURSUANT TO THIS SUBDIVISION. 3 4. THE DIVISION, IN CONJUNCTION WITH THE DIRECTOR OF THE BUDGET, MAY 4 SUSPEND UPON NINETY DAYS NOTICE THE USE OF SUBSIDIZED FREE PLAY CREDITS 5 AUTHORIZED PURSUANT TO THIS SUBDIVISION WHENEVER THEY JOINTLY DETERMINE 6 THAT THE USE OF SUBSIDIZED FREE PLAY CREDITS HAS RESULTED IN A YEAR OVER 7 YEAR DECLINE IN THE AMOUNT OF REVENUE EARNED FOR THE SUPPORT OF EDUCA- 8 TION IN THIS STATE BY VIDEO LOTTERY GAMING AT THE VIDEO LOTTERY FACILI- 9 TY, AND SUCH USE MAY NOT BE RESUMED UNLESS THE OPERATOR OF SUCH FACILITY 10 SUBMITS A NEW OR REVISED WRITTEN PLAN FOR THE USE OF SUBSIDIZED FREE 11 PLAY CREDITS THAT THE DIVISION DETERMINES IS DESIGNED MORE EFFECTIVELY 12 TO PRODUCE AN INCREASE IN THE AMOUNT OF REVENUE EARNED BY VIDEO LOTTERY 13 GAMING AT SUCH FACILITY FOR THE SUPPORT OF EDUCATION. 14 5. THE DIVISION, IN CONJUNCTION WITH THE DIRECTOR OF THE BUDGET, MAY 15 REVOKE THE AUTHORITY FOR A VENDOR TRACK TO USE SUBSIDIZED FREE PLAY 16 CREDITS AUTHORIZED PURSUANT TO THIS SUBDIVISION UPON NINETY DAYS NOTICE 17 WHENEVER THEY JOINTLY DETERMINE THAT THE OPERATOR OF A VIDEO LOTTERY 18 FACILITY HAS VIOLATED THE RULES AND REGULATIONS ESTABLISHED OR ANY 19 INSTRUCTIONS ISSUED BY THE DIVISION GOVERNING THE SUBSIDIZED FREE PLAY 20 PROGRAM. THE DIVISION SHALL ESTABLISH CRITERIA TO REINSTATE SUBSIDIZED 21 FREE PLAY AT A VENDOR TRACK FOLLOWING THE REVOCATION OF THE AUTHORITY TO 22 USE SUBSIDIZED FREE PLAY CREDITS. 23 6. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE OPERA- 24 TOR OF A VIDEO LOTTERY FACILITY FROM OFFERING NON-SUBSIDIZED FREE PLAY 25 CREDITS TO PLAYERS OR PROSPECTIVE PLAYERS OF VIDEO LOTTERY GAMES WHEN 26 THE VALUE OF SUCH FREE PLAY CREDITS IS INCLUDED IN THE CALCULATION OF 27 THE TOTAL AMOUNT WAGERED ON VIDEO LOTTERY GAMES AND THE TOTAL AMOUNT 28 WAGERED AFTER PAYOUT OF PRIZES, AND THE OPERATOR OF SUCH FACILITY PAYS 29 THE DIVISION THE FULL AMOUNT DUE AS THE RESULT OF SUCH CALCULATIONS. 30 7. THE DIVISION MAY AMEND THE CONTRACT WITH THE PROVIDER OF THE 31 CENTRAL COMPUTER SYSTEM THAT CONTROLS THE VIDEO LOTTERY NETWORK DURING 32 THE TERM OF SUCH CONTRACT IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDI- 33 VISION TO PROVIDE ADDITIONAL CONSIDERATION TO SUCH PROVIDER IN AN AMOUNT 34 DETERMINED BY THE DIVISION TO BE NECESSARY TO COMPENSATE FOR (I) PROC- 35 ESSING SUBSIDIZED FREE PLAY TRANSACTIONS, AND (II) SYSTEM UPDATES AND 36 MODIFICATIONS OTHERWISE NEEDED AS OF SUCH EFFECTIVE DATE. 37 S 27. Severability. If any clause, sentence, paragraph, subdivision, 38 section or part of this act shall be adjudged by any court of competent 39 jurisdiction to be invalid, such judgment shall not affect, impair, or 40 invalidate the remainder thereof, but shall be confined in its operation 41 to the clause, sentence, paragraph, subdivision, section or part thereof 42 directly involved in the controversy in which the judgment shall have 43 been rendered. It is hereby declared to be the intent of the legisla- 44 ture that this act would have been enacted even if such invalid 45 provisions had not been included herein. 46 S 28. This act shall take effect immediately; provided, however, that 47 sections six, seventeen, twenty-four, twenty-five, and twenty-six of 48 this act shall take effect on the same date as the New York city off- 49 track betting corporation's confirmation of a plan of reorganization in 50 the pending bankruptcy proceeding in the Southern District of New York; 51 provided that the board of directors of the New York city off-track 52 betting corporation shall notify the legislative bill drafting commis- 53 sion upon the occurrence of such confirmation of such plan of reorgan- 54 ization in order that the commission may maintain an accurate and timely 55 effective data base of the official text of the laws of the state of New S. 1 17 1 York in furtherance of effectuating the provisions of section 44 of the 2 legislative law and section 70-b of the public officers law.