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Merger Consolidated Article Vii Amendment Sheet

Merger Consolidated Article Vii Amendment Sheet

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Published by Nick Reisman

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Published by: Nick Reisman on Feb 08, 2012
Copyright:Attribution Non-commercial


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Amend Senate S6260, Assembly A9060, A BUDGET BILL, AN ACT to amend theracing, pari-mutuel wagering and breeding law, in relation to supervision andregulation of the state gaming industry
Page Line Amendment
Page 4, Between lines22 and 23,Insert
115-a. Fee for the start of ahorse in New York state pari-mutuel races.
 Page 7, Line 47, After "7." strike out "The" and insert"Each member of the"Page 7, Line 47, After "commission" insert ", and suchofficers, employees or agents of thecommission as may be designated by thecommission for such purposes,"Page 8, Line 42,
After ”tax evasion.” Insert “
Providedhowever, the attorney general or thecommissioner of taxation and finance maywithhold any information that (a) wouldidentify a confidential source or discloseconfidential information relating to acriminal investigation, (b) would interferewith law enforcement investigations orjudicial proceedings, (c) reveal criminalinvestigative techniques or procedures,that, if disclosed, could endanger the lifeor safety of any person, or (d) constitutesrecords received from other state, local orfederal agencies that the attorney generalor the commissioner is prohibited by law,regulation or agreement from disclosing.
 Page 8, Line 43, After "15." strike out "To keep a full andfaithful record of its proceedings." Andinsert "The chair shall appoint suchdeputies, secretary, officers,representatives and counsel as thecommission may deem necessary, to serve at
the chair‟s pleas
ure, and shall alsoappoint such employees as the commissionmay deem necessary, and whose duties shallbe prescribed by the commission. It shallbe the duty of the secretary to keep a fulland faithful record of the proceedings ofthe commission, preserve at the generaloffice of the commission all books, maps,documents and papers entrusted to his orher care, prepare for service such papersand notices as may be required by thecommission, and perform such other dutiesas the commission may prescribe."Page 9, Line 14, After "graphs" strike out "(a) and (c)" andinsert "(b) and (d)"Page 11, Line 45, After "commissionor of" strike out "mentalhealth" and insert "alcholism and substanceabuse services"Page 11, Line 47, After "subdivision" strikeout "(g)" andinsert "(h)"
2Page 11, Line 48, After "section" strike out "7.09" andinsert "19.09"Page 12, Line 2, After "persons" insert "; provided thatnothing contained in this paragraph shalllimit the liability of any suchassociation, corporation, or facility forany other acts or omissions under any otherstatutory law or under the common law"Page 12, Line 36, After "on a" strike out "non-profit racingassociation" and insert "franchisedcorporation"Page 12, Lines 43through 53,After "§115. Regulatory fees.
” Strike out
In addition to any other regulatory feesimposed by this chapter, all persons andentities required to obtain a license,permit or approval or subject to regulationby the commission shall submit to thecommission fees in amounts and under suchterms and conditions as are determined bythe commission to be necessary to equitablydefray the costs of regulating gamingactivity within the state; provided,however, that nothing herein shallauthorize the commission to collect anyassessment relating to an Indian gamingfacility that is operated pursuant to atribal-state gaming compact that is ineffect, except as provided in such tribal-state gaming compact pursuant to 25 U.S.C.2701(d)(3)(C)(iii).
and insert
1.Payment of the regulatory fees imposed bythis chapter shall be made to thecommission by each entity required to makesuch payments on the last business day ofeach month and shall cover the fees due forthe period from the sixteenth day of thepreceding month through the fifteenth dayof the current month, provided however thatall such payments required to be made onMarch thirty-first shall include all feesdue and accruing through the last full weekof racing of the current year or asotherwise determined by the commission andshall be accompanied by a report underoath, showing such information as thecommission may require. A penalty of fivepercent, and interest at the rate of onepercent per month from the date the reportis required to be filed to the date of thepayment of the fee shall be payable in caseany fee imposed by this chapter is not paidwhen due. If the commission determines thatany regulatory fees received by it underthis chapter were paid in error, thecommission may cause the same to berefunded without interest out of any moniescollected thereunder, provided an
3application therefor is filed with thecommission within one year from the timethe erroneous payment is made.2. The commission or its dulyauthorized representatives shall have thepower to examine or cause to be examinedthe books and records of each entityrequired to pay the regulatory fee imposedby this chapter for the purpose ofexamining and checking the same andascertaining whether or not the properamount or amounts due are being paid. If inthe opinion of the commission, after suchexamination, any such report is incorrect,the commission is authorized to issue anassessment fixing the correct amount ofsuch fee. Such assessments may be issuedwithin three years from the filing of anyreport. Any such assessment shall be finaland conclusive unless an application for ahearing is filed by the reporting entitywithin thirty days of the assessment. Theaction of the commission in making suchfinal assessment shall be reviewable in thesupreme court in the manner provided by andsubject to the provisions of articleseventy-eight of the civil practice law andrules.3. The commission shall submit to thedirector of the budget an annual plan thatdetails the amount of money the commissiondeems necessary to maintain the operations,compliance and enforcement of theprovisions of this chapter. Contingent uponapproval of the director of the budget, thecommission shall pay into an account, to beknown as the racing regulation account,under the joint custody of the comptrollerand the commission, the total amount of theregulatory fees collected pursuant to thischapter. With the approval of the directorof the budget, monies to be utilized tomaintain the operations necessary toimplement the provisions of this chaptershall be paid out of such account on theaudit and warrant of the comptroller onvouchers certified and approved by thedirector of the budget or his dulydesignated official.§115-a. Fee for the start of a horse inNew York state pari-mutuel races1. In order to provide supplementalfunding to support the operations of thecommission, a fee in the amount of tendollars shall be assessed and paid uponevery horse entered in a pari-mutuel racein New York state that actually starts inthe race. Such fee shall be refunded to theowner or credited to the owner's account in

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