New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter B - Harness Racing › Part 4101 - Licenses › Race Track Licenses › Section 4101.7 - Certification of annual expenditures for enhancements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section 318 of the Racing,
						Pari-Mutuel Wagering and Breeding Law, the commission shall certify to the
						Commissioner of Taxation and Finance no later than 80 days after the close of
						each calendar year the name of each harness racing association or corporation,
						that has failed during the immediately preceding calendar year to expend an
						amount equal to at least one-half of one percent of such association or
						corporation's on-track bets for enhancements consisting of capital improvements
						as defined in section 319 of such law (and section
						4101.6 of this Part), repairs to
						such association or corporation's physical plant, structures and equipment used
						in its racing or wagering operations and costs connected with no more than five
						special events as defined in section 318 of such law and approved by the
						commission.
(b) In this connection,
						each harness racing association or corporation shall by January 31st of the
						current year file with the commission schedules of expenditures made during the
						immediately preceding calendar year segregated by expenditures for capital
						improvements, eligible repairs and special events. Such schedules shall be in
						summary form identifying each asset or special event, as applicable, by
						appropriate name, the total expended for each asset or special event, and the
						date of completion for use for such asset or, if special event, the date it was
						held. Copies of bills, invoices and other supporting documentation providing
						details of such expenditures shall be retained by the track for audit by the
						commission.
(c) To qualify as
						eligible repairs, expenditures must be for work or materials necessary to put
						inoperative assets back into good operating condition; in addition, the
						replacement of parts, the fixing of plant, overhaul of equipment, and similar
						work that ordinarily would not qualify as capital expenditures because the life
						of the asset is not thereby extended shall nevertheless qualify as eligible
						repairs. Maintenance expenditures incurred for the purpose of keeping assets in
						operating condition are excluded.
(d) In determining whether the necessary
						amounts have been expended, the commission shall consider the immediately
						preceding calendar year or the average of the two immediately preceding
						calendar years, whichever is higher, for all tracks located outside Westchester
						or Nassau Counties; for a track located in Westchester or Nassau County, only
						the average of the two immediately preceding years shall be considered. It
						shall be presumed that only expenditures submitted in the form required in
						subdivision (b) of this section are expenditures qualified for consideration by
						the commission.
(e) If the
						commission determines that such racing association or corporation has failed to
						make the total of expenditures as established by statute it shall notify the
						affected association or corporation thereof by February 20th of the current
						year and schedule a date within 15 days to hear the association or corporation
						in regard to the commission's determination.
(f) Copies of any certification made in
						accordance with subdivision (a) of this section shall be served upon the
						affected association or corporation by the date prescribed in such subdivision
						(a).