S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10229

                          I N  A S S E M B L Y

                              May 15, 2012
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
  the  tax  law, in relation to prohibiting individuals under the age of
  twenty-one from gambling

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 104 of the racing, pari-mutuel wagering and breed-
ing law, as amended by chapter 919 of the laws of 1986,  is  amended  to
read as follows:
  S  104.  Prohibition  of  wagering by certain officials, employees and
minors. No member, secretary, deputy, officer, representative,  employee
or counsel of the board shall wager either upon the outcome of any horse
race  conducted  at a track at which pari-mutuel betting is conducted by
any licensee or franchisee of the board. No association  or  corporation
which is licensed or franchised by the board shall permit any person who
is  actually  and apparently under [eighteen] TWENTY-ONE years of age to
bet on a horse race conducted by it nor shall such person  be  permitted
to  bet  at  an  establishment of a regional corporation conducting off-
track betting. No individual employed by  an  off-track  betting  corpo-
ration  as  a pari-mutuel clerk, cashier or seller shall be permitted to
bet during those periods of any day on which  such  person  is  actually
employed in such capacity.
  S  2. Subdivision 2 of section 108 of the racing, pari-mutuel wagering
and breeding law, as added by section 1 of part A of chapter 60  of  the
laws of 2012, is amended to read as follows:
  2.  No corporation, association or person that holds a license, regis-
tration, franchise, certificate or permit issued by the commission shall
permit any person who is actually or apparently under  [eighteen]  TWEN-
TY-ONE years of age to bet on gaming activity, as defined in subdivision
five of section one hundred one of this article.
  S  3.  The opening paragraph of subdivision a of section 1617-a of the
tax law, as amended by section 2 of part O-1 of chapter 57 of  the  laws
of 2009, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15297-02-2

A. 10229                            2

  a. The division of the lottery is hereby authorized to license, pursu-
ant  to  rules  and regulations to be promulgated by the division of the
lottery, the operation of video lottery gaming at Aqueduct,  Monticello,
Yonkers,  Finger  Lakes,  and  Vernon  Downs racetracks, or at any other
racetrack  licensed pursuant to article three of the racing, pari-mutuel
wagering and breeding law that are located in a county  or  counties  in
which  video  lottery  gaming has been authorized pursuant to local law,
excluding the licensed racetrack commonly referred to in  article  three
of  the  racing,  pari-mutuel wagering and breeding law as the "New York
state exposition" held in Onondaga county  and  the  racetracks  of  the
non-profit  racing  association  known as Belmont Park racetrack and the
Saratoga thoroughbred racetrack.    Such  rules  and  regulations  shall
provide, as a condition of licensure, that racetracks to be licensed are
certified  to  be in compliance with all state and local fire and safety
codes, THAT NO PERSON WHO IS ACTUALLY AND  APPARENTLY  UNDER  TWENTY-ONE
YEARS  OF AGE SHALL BE PERMITTED TO PARTICIPATE IN VIDEO LOTTERY GAMING,
that the division is afforded adequate space, infrastructure, and  amen-
ities  consistent  with  industry  standards for such video gaming oper-
ations as found at racetracks in other states, that racetrack  employees
involved  in  the  operation  of  video  lottery gaming pursuant to this
section are licensed by the racing and wagering board,  and  such  other
terms  and  conditions  of  licensure  as  the  division  may establish.
Notwithstanding any inconsistent provision of law, video lottery  gaming
at  a  racetrack  pursuant  to  this section shall be deemed an approved
activity for such racetrack under the relevant city,  county,  town,  or
village  land use or zoning ordinances, rules, or regulations. No entity
licensed by the division operating video lottery gaming pursuant to this
section may house such gaming activity in a structure deemed or approved
by the division as "temporary" for a duration of longer  than  eighteen-
months. Nothing in this section shall prohibit the division from licens-
ing  an  entity to operate video lottery gaming at an existing racetrack
as authorized in this subdivision whether or not a different  entity  is
licensed  to conduct horse racing and pari-mutuel wagering at such race-
track pursuant to article two or three of the racing, pari-mutuel wager-
ing and breeding law.
  S 4.  This act shall take effect on the thirtieth day after  it  shall
have  become  a  law; provided that the amendments to section 104 of the
racing, pari-mutuel wagering and breeding law made  by  section  one  of
this act shall not affect the repeal of such section and shall be deemed
repealed  therewith;  and  provided further that section two of this act
shall take effect on the same date and in the same manner as  section  1
of part A of chapter 60 of the laws of 2012, as amended, takes effect.