S. 2313 2
deemed a regional track for all regions located in district one, as
defined in this section;
h. "[The board]BOARD" means the state racing and wagering board;
i. "Branch office" means an establishment maintained and operated by
an off-track betting corporation, where off-track pari-mutuel betting on
horse races may be placed in accordance with the terms and conditions of
this chapter and rules and regulations issued pursuant thereto;
j. "Simulcast facility" means those facilities within the state that
are authorized pursuant to the provisions of this article to display
simulcasts for pari-mutuel wagering purposes;
k. "Off-track betting region" means those regions as defined in
section five hundred nineteen of this chapter;
l. "Simulcast theater" means a simulcast facility which is also a
public entertainment and wagering facility, and which may include any or
all of the following: a large screen television projection and display
unit, a display system for odds, pools, and payout prices, areas for
viewing and seating, a food and beverage facility, and any other conven-
ience currently provided at racetracks and not inconsistent with local
zoning ordinances;
m. "Simulcast districts" means one or more of the following named
districts comprised of the counties within which pari-mutuel racing
events are conducted as follows:
District 1 New York City, Suffolk, Nassau, and
Westchester counties
District 2 Sullivan county
District 3 Saratoga county
District 4 Oneida county
District 5 Erie, Genesee and Ontario counties
n. "Initial out-of-state thoroughbred track" means the track commenc-
ing full-card simulcasting to New York prior to any other out-of-state
thoroughbred track after 1:00 PM on any calendar day.
o. "Second out-of-state thoroughbred track" means the track (or subse-
quent track or tracks where otherwise authorized by this article)
conducting full-card simulcasting to New York after the race program
from the initial out-of-state thoroughbred track that has commenced
simulcasting on any calendar day.
p. "Mixed meeting" means a race meeting which has a combination of
thoroughbred, quarter horse, Appaloosa, paint, and/or Arabian racing on
the same race program.
Q. "ACCOUNT WAGERING" MEANS A FORM OF PARI-MUTUEL WAGERING IN WHICH A
PERSON ESTABLISHES AN ACCOUNT WITH AN ACCOUNT WAGERING LICENSEE AND
SUBSEQUENTLY COMMUNICATES VIA TELEPHONE OR OTHER ELECTRONIC MEDIA TO THE
ACCOUNT WAGERING LICENSEE WAGERING INSTRUCTIONS CONCERNING THE FUNDS IN
SUCH PERSON'S ACCOUNT AND WAGERS TO BE PLACED ON THE ACCOUNT OWNER'S
BEHALF.
R. "ACCOUNT WAGERING LICENSEE" MEANS RACING ASSOCIATIONS, OFF-TRACK
BETTING CORPORATIONS, AND BOARD APPROVED MULTI-JURISDICTIONAL ACCOUNT
WAGERING PROVIDERS THAT HAVE BEEN AUTHORIZED BY THE BOARD TO OFFER
ACCOUNT WAGERING.
S. "DORMANT ACCOUNT" MEANS AN ACCOUNT WAGERING ACCOUNT HELD BY AN
ACCOUNT WAGERING LICENSEE IN WHICH THERE HAS BEEN NO WAGERING ACTIVITY
FOR THREE YEARS.
T. "MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER" MEANS A BUSINESS
ENTITY LOCATED IN A STATE OTHER THAN THE STATE OF NEW YORK, WHICH IS
LICENSED BY SUCH OTHER STATE TO OFFER PARI-MUTUEL ACCOUNT WAGERING ON
S. 2313 3
RACES SUCH PROVIDER SIMULCASTS AND OTHER RACES IT OFFERS IN ITS WAGERING
MENU TO PERSONS LOCATED IN OR OUT OF THE STATE ISSUING SUCH LICENSE.
S 2. Section 1002 of the racing, pari-mutuel wagering and breeding
law, as added by chapter 363 of the laws of 1984, subdivision 2 as
amended by chapter 18 of the laws of 2008, is amended to read as
follows:
S 1002. General jurisdiction. 1. The [state racing and wagering] board
shall have general jurisdiction over the simulcasting of horse races AND
ACCOUNT WAGERING within the state, and the board may issue rules and
regulations in accordance with the provisions of this article.
2. The board shall annually submit reports on or before July first
following each year in which simulcasting OR ACCOUNT WAGERING is
conducted to the director of the budget, the chairman of the senate
finance committee and the chairman of the assembly ways and means
committee evaluating the results of such simulcasts OR ACCOUNT WAGERING
on the compatibility with the well-being of the horse racing, breeding
and pari-mutuel wagering industries in this state and make any recommen-
dations it deems appropriate. Such reports may be submitted together
with the reports required by subdivision two of section two hundred
thirty-six and subparagraph (iii) of paragraph a and subparagraph (i) of
paragraph b of subdivision one of section three hundred eighteen of this
chapter.
S 3. Section 1003 of the racing, pari-mutuel wagering and breeding
law, as added by chapter 363 of the laws of 1984, subdivision 1 as sepa-
rately amended by chapters 2 and 70 of the laws of 1995, paragraph (a)
of subdivision 1 as amended by chapter 18 of the laws of 2008, the open-
ing paragraph of paragraph (a) of subdivision 2 as amended by chapter
538 of the laws of 1999, subdivision 5 as amended by chapter 287 of the
laws of 1985, is amended to read as follows:
S 1003. Licenses for simulcast facilities. 1. [(a)] Any racing asso-
ciation or corporation or regional off-track betting corporation,
authorized to conduct pari-mutuel wagering under this chapter, desiring
to display the simulcast of horse races on which pari-mutuel betting
shall be permitted in the manner and subject to the conditions provided
for in this article may apply to the board for a license so to do.
Applications for licenses shall be in such form as may be prescribed by
the board and shall contain such information or other material or
evidence as the board may require. No license shall be issued by the
board authorizing the simulcast transmission of thoroughbred races from
a track located in Suffolk county. The fee for such licenses shall be
five hundred dollars per simulcast facility per year payable by the
licensee to the board for deposit into the general fund. [Except as
provided herein, the board shall not approve any application to conduct
simulcasting into individual or group residences, homes or other areas
for the purposes of or in connection with pari-mutuel wagering. The
board may approve simulcasting into residences, homes or other areas to
be conducted jointly by one or more regional off-track betting corpo-
rations and one or more of the following: a franchised corporation,
thoroughbred racing corporation or a harness racing corporation or asso-
ciation; provided (i) the simulcasting consists only of those races on
which pari-mutuel betting is authorized by this chapter at one or more
simulcast facilities for each of the contracting off-track betting
corporations which shall include wagers made in accordance with section
one thousand fifteen, one thousand sixteen and one thousand seventeen of
this chapter; provided further that the contract provisions or other
simulcast arrangements for such simulcast facility shall be no less
S. 2313 4
favorable than those in effect on January first, two thousand five; (ii)
that each off-track betting corporation having within its geographic
boundaries such residences, homes or other areas technically capable of
receiving the simulcast signal shall be a contracting party; (iii) the
distribution of revenues shall be subject to contractual agreement of
the parties except that statutory payments to non-contracting parties,
if any, may not be reduced; provided, however, that nothing herein to
the contrary shall prevent a track from televising its races on an
irregular basis primarily for promotional or marketing purposes as found
by the board. For purposes of this paragraph, the provisions of section
one thousand thirteen of this article shall not apply. Any agreement
authorizing an in-home simulcasting experiment commencing prior to May
fifteenth, nineteen hundred ninety-five, may, and all its terms, be
extended until June thirtieth, two thousand nine; provided, however,
that any party to such agreement may elect to terminate such agreement
upon conveying written notice to all other parties of such agreement at
least forty-five days prior to the effective date of the termination,
via registered mail. Any party to an agreement receiving such notice of
an intent to terminate, may request the board to mediate between the
parties new terms and conditions in a replacement agreement between the
parties as will permit continuation of an in-home experiment until June
thirtieth, two thousand nine; and (iv) no in-home simulcasting in the
thoroughbred special betting district shall occur without the approval
of the regional thoroughbred track.
(b) Any agreement authorizing in-home simulcasting pursuant to this
section shall be in writing, and upon written request, a copy shall be
provided to the representative horsemen's group of the racing associ-
ation or corporation that is party to said agreement. Such agreement
shall include a categorical statement of new and incremental expenses
directly related and attributable to the conduct of in-home simulcast-
ing. The representative horsemen's group may, within thirty days of
receiving the agreement, petition the board for a determination as to
the appropriateness and reasonableness of any expenses attributed by
either the racing association or corporation or the off-track betting
corporation.]
2. Before it may grant such license, the board shall review and
approve a plan of operation submitted by such applicant including, but
not limited to the following information:
a. A feasibility study denoting the revenue earnings expected from the
simulcast facility and the costs expected to operate such facility. No
feasibility study shall be received for a simulcast facility that is
applying to renew its license. The form of the feasibility study shall
be prescribed by the board and may include:
(i) the number of simulcast races to be displayed;
(ii) the types of wagering to be offered;
(iii) the level of attendance expected and the area from which such
attendance will be drawn;
(iv) the level of anticipated wagering activity;
(v) the source and amount of revenues expected from other than pari-
mutuel wagering;
(vi) the cost of operating the simulcast facility and the identifica-
tion of costs to be amortized and the method of amortization of such
costs;
(vii) the amount and source of revenues needed for financing the
simulcast facility;
S. 2313 5
(viii) the probable impact of the proposed operation on revenues to
local government;
b. The security measures to be employed to protect the facility, to
control crowds, to safeguard the transmission of the simulcast signals
and to control the transmission of wagering data to effectuate common
wagering pools;
c. The type of data processing, communication and transmission equip-
ment to be utilized;
d. The description of the management groups responsible for the opera-
tion of the simulcast facility;
e. The system of accounts to maintain a separate record of revenues
collected by the simulcast facility, the distribution of such revenues
and the accounting of costs relative to the simulcast operation;
f. The location of the facility and a written confirmation from appro-
priate local officials that the location of such facility and the number
of patrons expected to occupy such facility are in compliance with all
applicable local ordinances;
g. The written agreements and letters of consent between specified
parties pursuant to sections one thousand seven, one thousand eight and
one thousand nine of this article.
3. Within forty-five days of receipt of the plan of operation provided
in subdivision two of this section, the board shall issue an order
approving the plan, approving it with modifications or denying approval,
in which latter case the board shall state its reasons therefor. Within
such period the board may request additional information or suggest
amendments. If the board fails to approve the plan, the applicant may
request a public hearing to be held within thirty days of the issuance
of an order denying it. The board shall issue its final determination
within ten days of such hearing. The applicant may submit an amended
application no sooner than thirty days after a denial.
4. No racing association or corporation or regional off-track betting
corporation shall be allowed to operate a simulcast facility except
according to the provisions of an approved plan of operation. No change
in such plan of operation may occur until an amendment proposing a
change to the plan is approved by the board. A plan of operation may be
amended from time to time at the request of either the operator or the
board. The operator shall have the right to be heard concerning any
amendment to the plan and the board shall dispose of such proposed
amendments as expeditiously as practicable, but no later than thirty
days following submission by the operator or, in the case of amendments
proposed by the board, objection by the operator.
5. For the purpose of maintaining proper control over simulcasts
conducted pursuant to this article, the [state racing and wagering]
board shall license any person, association or corporation participating
in simulcasting, as the board may by rule prescribe, including, if the
board deem it necessary so to do, any or all persons, associations or
corporations who create, distribute, transmit or display simulcast
signals. In the case of thoroughbred racing simulcasting or harness
racing simulcasting, such licenses shall be issued in accordance with
and subject to the provisions governing licenses for participants and
employees in article two or article three of this chapter as may be
applicable to such type of racing.
6. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO PROHIBIT ANY RACING
ASSOCIATION OR FRANCHISED CORPORATION FROM TELEVISING HORSE RACES INTO
INDIVIDUAL OR GROUP RESIDENCES, HOMES OR OTHER AREAS IN THE STATE, OR TO
PROHIBIT ANY OFF-TRACK BETTING CORPORATION OR ACCOUNT WAGERING LICENSEE
S. 2313 6
FROM TELEVISING INTO INDIVIDUAL OR GROUP RESIDENCES, HOMES OR OTHER
AREAS IN THE STATE SUCH HORSE RACES FOR WHICH THE OFF-TRACK BETTING
CORPORATION OR ACCOUNT WAGERING LICENSEE HAS RECEIVED WRITTEN CONSENT
FROM THE HOST TRACK.
S 4. Section 1012 of the racing, pari-mutuel wagering and breeding
law, as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
S 1012. [Telephone accounts and telephone] ACCOUNT wagering. [Any
regional off-track betting corporation, and any franchised corporation,
harness, thoroughbred, quarter horse racing association or corporation
licensed to conduct pari-mutuel racing may maintain telephone betting
accounts for wagers placed on races and special events offered by such
corporation or association.] FRANCHISED CORPORATIONS, RACING ASSOCI-
ATIONS, OFF-TRACK BETTING CORPORATIONS AND MULTI-JURISDICTIONAL ACCOUNT
WAGERING PROVIDERS MAY APPLY TO THE BOARD TO BE LICENSED TO OFFER
ACCOUNT WAGERING.
1. A. FRANCHISED CORPORATIONS, RACING ASSOCIATIONS, OFF-TRACK BETTING
CORPORATIONS AND MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDERS MAY
FORM PARTNERSHIPS, JOINT VENTURES, OR ANY OTHER AFFILIATION OR CONTRAC-
TUAL ARRANGEMENT IN ORDER TO FURTHER THE PURPOSES OF THIS SECTION.
B. THE DISTRIBUTION OF REVENUES TO PURSES MADE BY ANY FRANCHISED
CORPORATION, OR HARNESS, THOROUGHBRED, QUARTER HORSE RACING ASSOCIATION
OR CORPORATION FROM ACCOUNT WAGERS PLACED ON RACES RUN AT A QUEST FACIL-
ITY SHALL BE DETERMINED PURSUANT TO A WRITTEN AGREEMENT BETWEEN SUCH
ASSOCIATION OR CORPORATION AND ITS REPRESENTATIVE HORSEMEN'S ORGANIZA-
TION AS APPROVED BY THE BOARD.
2. THE BOARD SHALL PROMULGATE RULES AND REGULATIONS TO LICENSE AND
REGULATE ALL PHASES OF ACCOUNT WAGERING.
3. THE BOARD SHALL SPECIFY A NON-REFUNDABLE APPLICATION FEE WHICH
SHALL BE PAID BY EACH APPLICANT FOR AN ACCOUNT WAGERING LICENSE OR
RENEWAL THEREOF.
4. ACCOUNT WAGERING LICENSEES SHALL UTILIZE PERSONAL IDENTIFICATION
NUMBERS (PINS) AND SUCH OTHER TECHNOLOGIES AS THE BOARD MAY SPECIFY TO
ASSURE THAT ONLY THE ACCOUNT HOLDER HAS ACCESS TO THE ADVANCE DEPOSIT
WAGERING ACCOUNT.
5. ACCOUNT WAGERING LICENSEES SHALL PROVIDE FOR (I) WITHDRAWALS FROM
THE WAGERING ACCOUNT ONLY BY MEANS OF A CHECK MADE PAYABLE TO THE
ACCOUNT HOLDER AND SENT TO THE ADDRESS OF THE ACCOUNT HOLDER OR BY MEANS
OF AN ELECTRONIC TRANSFER TO AN ACCOUNT HELD BY THE VERIFIED ACCOUNT
HOLDER OR (II) THAT THE ACCOUNT HOLDER MAY WITHDRAW FUNDS FROM THE
WAGERING ACCOUNT AT A FACILITY APPROVED BY THE BOARD BY PRESENTING VERI-
FIABLE PERSONAL AND ACCOUNT IDENTIFICATION INFORMATION.
6. ACCOUNT WAGERING LICENSEES MAY ENGAGE IN INTERSTATE WAGERING TRANS-
ACTIONS ONLY WHERE THERE IS COMPLIANCE WITH CHAPTER FIFTY-SEVEN OF TITLE
FIFTEEN OF THE UNITED STATES CODE, COMMONLY REFERRED TO AS THE "INTER-
STATE HORSERACING ACT".
7. THE ACCOUNT HOLDER'S DEPOSITS TO THE WAGERING ACCOUNT SHALL BE
SUBMITTED BY THE ACCOUNT HOLDER TO THE ACCOUNT WAGERING LICENSEE AND
SHALL BE IN THE FORM OF ONE OF THE FOLLOWING:
A. CASH GIVEN TO THE ACCOUNT WAGERING LICENSEE;
B. CHECK, MONEY ORDER, NEGOTIABLE ORDER OF WITHDRAWAL, OR WIRE OR
ELECTRONIC TRANSFER, PAYABLE AND REMITTED TO THE ACCOUNT WAGERING LICEN-
SEE; OR
C. CHARGES MADE TO AN ACCOUNT HOLDER'S DEBIT OR CREDIT CARD UPON THE
ACCOUNT HOLDER'S DIRECT AND PERSONAL INSTRUCTION, WHICH INSTRUCTION MAY
BE GIVEN BY TELEPHONE COMMUNICATION OR OTHER ELECTRONIC MEANS TO THE
S. 2313 7
ACCOUNT WAGERING LICENSEE OR ITS AGENT BY THE ACCOUNT HOLDER IF THE USE
OF THE CARD HAS BEEN APPROVED BY THE ACCOUNT WAGERING LICENSEE.
8. A. EACH WAGERING SHALL BE IN THE NAME OF A NATURAL PERSON AND SHALL
NOT BE IN THE NAME OF ANY BENEFICIARY, CUSTODIAN, JOINT TRUST, CORPO-
RATION, PARTNERSHIP OR OTHER ORGANIZATION OR ENTITY.
B. A WAGERING ACCOUNT MAY BE ESTABLISHED BY A PERSON COMPLETING AN
APPLICATION FORM APPROVED BY THE BOARD AND SUBMITTING IT TOGETHER WITH A
CERTIFICATION, OR OTHER PROOF, OF AGE AND RESIDENCY. SUCH FORM SHALL
INCLUDE THE ADDRESS OF THE PRINCIPAL RESIDENCE OF THE PROSPECTIVE
ACCOUNT HOLDER AND A STATEMENT THAT A FALSE STATEMENT MADE IN REGARD TO
AN APPLICATION MAY SUBJECT THE APPLICANT TO PROSECUTION.
C. THE PROSPECTIVE ACCOUNT HOLDER SHALL SUBMIT THE COMPLETED APPLICA-
TION TO THE ACCOUNT WAGERING LICENSEE. THE ACCOUNT WAGERING LICENSEE MAY
ACCEPT OR REJECT AN APPLICATION AFTER RECEIPT AND REVIEW OF THE APPLICA-
TION AND CERTIFICATION, OR OTHER PROOF, OF AGE AND RESIDENCY FOR COMPLI-
ANCE WITH THIS SECTION.
D. NO PERSON OTHER THAN THE PERSON IN WHOSE NAME AN ACCOUNT HAS BEEN
ESTABLISHED MAY ISSUE WAGERING INSTRUCTIONS RELATING TO THAT ACCOUNT OR
OTHERWISE ENGAGE IN WAGERING TRANSACTIONS RELATING TO THAT ACCOUNT.
9. A WAGERING ACCOUNT SHALL NOT BE ASSIGNABLE OR OTHERWISE TRANSFERA-
BLE.
10. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE OR IN REGULATIONS
WHICH THE BOARD MAY ADOPT PURSUANT THERETO, ALL ACCOUNT WAGERS SHALL BE
FINAL AND NO WAGER SHALL BE CANCELED BY THE ACCOUNT HOLDER AT ANY TIME
AFTER THE WAGER HAS BEEN ACCEPTED BY THE ACCOUNT WAGERING LICENSEE.
11. DORMANT ACCOUNTS SHALL BE TREATED AS ABANDONED PROPERTY PURSUANT
TO SECTION THREE HUNDRED OF THE ABANDONED PROPERTY LAW.
12. Any [regional off-track betting corporation and any franchised
corporation, harness, thoroughbred, quarter horse racing association or
corporation licensed to conduct pari-mutuel racing] ACCOUNT WAGERING
LICENSEE may require a minimum account balance in an amount to be deter-
mined by such entity.
[2.] 13. a. Any regional off-track betting corporation may suspend
collection of the surcharge imposed under section five hundred thirty-
two of this chapter on winning wagers placed in [telephone] WAGERING
accounts maintained by such regional corporation.
b. In a city of one million or more any regional off-track betting
corporation, with the approval of the mayor of such city, may suspend
collection of the surcharge imposed under section five hundred thirty-
two of this chapter in winning wagers placed in [telephone] WAGERING
accounts maintained by such regional corporation.
[3.] 14. Any [telephone] WAGERING account maintained by [a regional
off-track betting corporation, franchised corporation, harness,
thoroughbred, quarter horse association or corporation, with inactivity
for a period of three years] AN ACCOUNT WAGERING LICENSEE THAT HAS
BECOME A DORMANT ACCOUNT shall be forfeited and paid to the commissioner
of taxation and finance. Such amounts when collected shall be paid by
the commissioner of taxation and finance into the general fund of the
state treasury.
[4.] 15. The maintenance and operation of such [telephone] WAGERING
accounts provided for in this section shall be subject to rules and
regulations of the [state racing and wagering] board. The board shall
include in such regulation a requirement that [telephone] WAGERING
account information pertaining to surcharge and nonsurcharge [telephone]
WAGERING accounts shall be separately reported.
S. 2313 8
[4-a.] 16. For the purposes of this section, "telephone [betting]
WAGERING accounts" and "telephone wagering" shall mean and include all
those wagers which utilize any wired or wireless communications device,
including but not limited to wireline telephones, wireless telephones,
and the internet, to transmit the placement of wagers on races and
special events offered by any regional off-track betting corporation,
and any harness, thoroughbred, quarter horse racing association or
corporation licensed or franchised to conduct pari-mutuel racing in New
York state.
[5. The provisions of this section shall expire and be of no further
force and effect after June thirtieth, two thousand nine.]
17. A MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER SHALL ONLY BE
LICENSED UNDER THE FOLLOWING CONDITIONS:
A. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER IS LICENSED BY
THE STATE IN WHICH IT IS LOCATED AND, IF REQUIRED, BY EACH STATE IN
WHICH IT OPERATES;
B. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER POSSESSES APPRO-
PRIATE TOTALIZATOR AND ACCOUNTING CONTROLS WHICH WILL SAFEGUARD THE
TRANSMISSION OF WAGERING DATA AND WILL KEEP A SYSTEM OF ACCOUNTS WHICH
WILL MAINTAIN A SEPARATE RECORD OF REVENUES COLLECTED BY THE WAGERING
PROVIDER, THE DISTRIBUTION OF SUCH REVENUES AND AN ACCOUNTING OF COSTS
RELATIVE TO THE OPERATION OF THE WAGERING PROVIDER;
C. THE CHARACTER AND THE BACKGROUND OF THE MULTI-JURISDICTIONAL
ACCOUNT WAGERING PROVIDER IS SUCH THAT GRANTING THE APPLICATION FOR A
LICENSE IS IN THE PUBLIC INTEREST AND THE BEST INTEREST OF HONEST HORSE
RACING;
D. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER SHALL UTILIZE
THE SERVICES OF AN INDEPENDENT THIRD PARTY TO PERFORM IDENTITY AND
VERIFICATION SERVICES WITH RESPECT TO THE ESTABLISHMENT OF WAGERING
ACCOUNTS FOR PERSONS LOCATED IN NEW YORK;
E. THE BOARD SHALL BE ALLOWED ACCESS TO THE PREMISES OF THE MULTI-JUR-
ISDICTIONAL ACCOUNT WAGERING PROVIDER TO VISIT, INVESTIGATE AND, PLACE
SUCH EXPERT ACCOUNTANTS AND OTHER PERSONS IT DEEMS NECESSARY FOR THE
PURPOSE OF INSURING COMPLIANCE WITH THE RULES AND REGULATIONS OF THE
BOARD;
F. WAGERS PLACED WITH THE MULTI-JURISDICTIONAL ACCOUNT WAGERING
PROVIDER SHALL RESULT IN THE COMBINATION OF ALL WAGERS PLACED AT THE
HOST TRACK SO AS TO PRODUCE COMMON PARI-MUTUEL BETTING POOLS FOR THE
CALCULATION OF ODDS AND THE DETERMINATION OF PAYOUTS FROM SUCH POOL,
WHICH PAYOUT SHALL BE THE SAME FOR ALL WINNING TICKETS, IRRESPECTIVE OF
WHETHER A WAGER IS PLACED AT A HOST TRACK OR AT A MULTI-JURISDICTIONAL
ACCOUNT WAGERING PROVIDER;
G. A MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER AUTHORIZED TO
ACCEPT ACCOUNT WAGERS FROM PERSONS RESIDENT IN NEW YORK, WITH RESPECT TO
EACH SUCH WAGER ACCEPTED, SHALL PAY SUCH PARI-MUTUEL TAX, BREEDERS' FUND
DISTRIBUTIONS, AND SUCH OTHER STATUTORY PAYMENTS AND DISTRIBUTIONS THER-
EON EQUIVALENT IN IDENTITY AND AMOUNT TO THE PARI-MUTUEL TAX, BREEDERS'
FUND DISTRIBUTIONS, STATUTORY PAYMENTS AND DISTRIBUTIONS THAT WOULD BE
REQUIRED IF SUCH WAGER HAD BEEN PLACED BY THE ACCOUNT HOLDER RESIDENT IN
NEW YORK AS AN ACCOUNT WAGER WITH AN OFF-TRACK BETTING CORPORATION OPER-
ATING IN THE OFF-TRACK BETTING REGION IN WHICH THE ACCOUNT HOLDER'S
COUNTY OF RESIDENCE IS LOCATED. THE BOARD SHALL PROMULGATE RULES AND
REGULATIONS WHICH WILL DETERMINE THE EXACT AMOUNT AND THE DISTRIBUTION
OF PAYMENTS OF PARI-MUTUEL TAXES, DISTRIBUTIONS TO BREEDERS' FUNDS, AND
PAYMENTS AND DISTRIBUTIONS TO TRACKS AND PURSES BY MULTI-JURISDICTIONAL
ACCOUNT WAGERING PROVIDERS; AND
S. 2313 9
H. IN ADDITION, FOR EACH ACCOUNT WAGER ACCEPTED FROM PERSONS RESIDENT
IN NEW YORK, THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER SHALL
PAY TO THE COUNTY OF RESIDENCE OF THE ACCOUNT HOLDER A FEE OF ONE-HALF
OF ONE PERCENT OF SUCH ACCOUNT WAGER. IF THE COUNTY OF RESIDENCE IS
WITHIN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION, THE FEE SHALL
BE PAID TO SUCH CITY. IN COUNTIES THAT ARE MEMBERS OF AN OFF-TRACK
BETTING CORPORATION, THE PAYMENT SHALL BE MADE TO THE OFF-TRACK BETTING
CORPORATION. THE MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER SHALL BE
ENTITLED TO DEDUCT FROM THE PARI-MUTUEL TAX PAYABLE BY IT UNDER PARA-
GRAPH G OF THIS SUBDIVISION SUCH AMOUNTS THAT THE MULTI-JURISDICTIONAL
ACCOUNT WAGERING PROVIDER IS OBLIGATED TO PAY PURSUANT TO THIS PARA-
GRAPH.
S 5. Section 503 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 12-a to read as follows:
12-A. TO ENTER INTO, AMEND, CANCEL AND TERMINATE AGREEMENTS FOR THE
PERFORMANCE AMONG THEMSELVES, LICENSED RACING ASSOCIATIONS AND
MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDERS, AS DEFINED IN SECTION
ONE THOUSAND ONE OF THIS CHAPTER, OF THEIR RESPECTIVE FUNCTIONS, POWERS
AND DUTIES ON A COOPERATIVE OR CONTRACT BASIS.
S 6. This act shall take effect immediately.
