Reduces the minimum number of required racing days at franchised tracks from 95 to 75.
TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to days of racing
PURPOSE: This bill would provide flexibility to reduce racing dates on the inner track at Aqueduct to limit injuries to horses and riders by reducing the minimum days of racing during the winter meet at Aqueduct racetrack from ninety-five to seventy-five.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (d) of subdivision 1 of section 238 of the Racing, Pari-Mutuel Wagering and Breeding Law to reduce the minimum number of days of racing during the winter meet at Aqueduct racetrack from ninety-five to seventy-five.
Section 2: Effective date.
JUSTIFICATION: The inner dirt track at Aqueduct that is used for winter racing has experienced a higher rate of injuries to horses and jockeys than any other track operated by the New York Racing Association (NYRA) and there have been six breakdowns on the inner track thus far this winter. The New York State Racing and Wagering Board gave approval on January 31, 2013 to NYRA's request to eliminate six winter racing days in the interest of limiting the exposure of horses to winter racing. This legislation conforms with and supplements this recent approval.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: Minimal to State.
EFFECTIVE DATE: This act shall take effect February 1, 2013.
STATE OF NEW YORK ________________________________________________________________________ 3793 2013-2014 Regular Sessions IN SENATE February 15, 2013 ___________Introduced by Sen. BONACIC -- 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, in relation to days of racing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 of section 238 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: (d) The pari-mutuel tax rate authorized by paragraph (a) of this subdivision shall be effective so long as a franchised corporation noti- fies the racing and wagering board by August fifteenth of each year that such pari-mutuel tax rate is effective of its intent to conduct a race meeting at Aqueduct racetrack during the months of December, January, February, March and April.
[For]NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND FOR purposes of this paragraph such race meeting shall consist of not less than [ninety-five]SEVENTY-FIVE days of racing. Not later than May first of each year that such pari-mutuel tax rate is effective, the racing and wagering board shall determine whether a race meeting at Aqueduct racetrack consisted of the number of days as required by this paragraph. In determining the number of race days, cancellation of a race day because of an act of God, which the racing and wagering board approves or because of weather conditions that are unsafe or hazardous which the racing and wagering board approves shall not be construed as a failure to conduct a race day. Additionally, cancellation of a race day because of circumstances beyond the control of such franchised corporation for which the racing and wagering board gives approval shall not be construed as a failure to conduct a race day. If the racing and wagering board determines that the number of days of racing as required by this paragraph have not occurred then the pari-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08533-01-3 S. 3793 2
mutuel tax rate in paragraph (a) of this subdivision shall revert to the pari-mutuel tax rates in effect prior to January first, nineteen hundred ninety-five. Such franchised corporation shall pay to the racing and wagering board as a regulatory fee, which fee is hereby levied, fifty hundredths of one per centum of the total daily on-track pari-mutuel pools of such franchised corporation. S 2. This act shall take effect February 1, 2013.