S7043-2011 Actions

• Apr 25, 2012: REFERRED TO RACING, GAMING AND WAGERING

S7043-2011 Memo

BILL NUMBER:S7043

TITLE OF BILL:
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

PURPOSE:
To prohibit individuals under the age of 21 from gambling.

SUMMARY OF PROVISIONS:
Amends section 104 of the racing, pari-mutuel wagering and breeding law,
is amended to include individuals between 18 and 21 years of age from
engaging in gambling.

EXISTING LAW:
Existing law stipulates that certain individuals, i.e.  Certain racing
and wagering officials, employees and minors under the age of 18 are
currently prohibited from placing wagers.

JUSTIFICATION:
According to the NYS Council on Problem Gambling, 10% of adolescents in
NYS (approximately 140,000) have experienced problems due to their
gambling, and 28% of these adolescents who experienced problem gambling
in the past may also be in need of treatment for chemical dependency.
The organization Youth Gambling International found that young adults
from 18 to 21 are three times more likely to have problems associated
with gambling.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act will take effect on the thirtieth day after it has become a
law, with provisions.

S7043-2011 Text

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

                                    7043

                              I N  SENATE

                               April 25, 2012
                                 ___________

  Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Racing, Gaming and  Wager-
    ing

  AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15297-02-2

 S. 7043                             2

    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:

    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.