I New York Laws and Rules

II Current Legislation Pending in New York

III Major New York Court Cases

IV Federal Laws on Gambling

V Federal Legislation on Gambling

VI State Legislative Developments

I New York Laws and Rule

Horse Racing Rules

Charitable Gaming Rules

Chapter 383, Laws of 2001 -relevant portions of the gaming expansion bill

Chapter 98, Laws of 2001 - lowering takeout at NYRA

Chapter 340 Laws of 2001 - reducing winter racing dates at NYRA

Chapter 85, L. 2002 Part EE, extending the time period for VLT's and extending the franchise for NYRA

Chapter 90, L. 2002 Technical amendments to Chapter 85

Chapter 113, L. 2002 Extends most simulcasting provisions for 5 years

Chapter 434, L. 2002 compulsive gambling assistance plus patron self-exclusion

II Legislation Introduced in 2005 in New York

S1199 - Authorizes the state racing and wagering board to permit racing at which pari-mutuel betting is conducted on Palm Sunday

S1201 - Allows the state racing and wagering board to remove and impose fines on the directors and officers of the regional off-track betting corporations

S2346 - Prohibits the issuance to or holding of thoroughbred track, harness track or video gaming licenses by convicted felons

S2352 - Makes various provisions to enhance the financial condition of the state's harness horse racing industry

S2424 - Same as A5951 Establishes a vendor's marketing allowance for racetracks operating video lottery programs

S2591 - Simplifies and rationalizes relationship between OTBs and in-state tracks to enhance revenue streams for local governments; repealer

S2592 - Provides for increased retention rates for nonprofit racing associations and free pass issuance

S2595 - Provides a new regulatory approach for thoroughbred racetrack franchisees, including enhanced financial oversight and additional power for the state board

S2896  - Same as A 4804   Distributes eleven percent of proceeds from video lottery gaming, after payment of prizes, to municipality where racetrack is located i.e. - help out the City of Yonkers  

S3002 - Includes charity poker as a game of chance that charitable organizations may conduct at local option and provides for the regulation thereof

A1995 - Includes electronic poker games within authorized games of chance

A2965 - Regulates the usage of phenylbutazone on race horses

Legislation Introduced in New York in 2003-2004

A.116 - Provides for the New York Equine Pari-Mutuel Credit

A.302 - Establishes the problem and compulsive gambling education fund

A.304 - Lottery assistance on Compulsive Gambling -same as S.35

A.892 - Regulates usage of phenylbutazone

A.997 - Prohibits certain donations by OTB's

A.2106-B General Revenue Raising Bill - Enacted Over Governor's Veto on May 15, 2003. Look at Parts F3 and E3.

A.6510 S.2129 - Authorizes proposition wagers. Passed both houses -vetoed by Governor in 2003, Memo No. 173.

A.6512 S. 2088 - Audits of OTB's

A.6513 S.2130 - Allows for limited state antitrust exemption for racing passed both houses - vetoed by Governor in 2003, Memo No. 179

A.6514 S.2599 - Allows Racing Board to fine OTB's and to remove OTB officers

A.6515 S. 2085 - Allows racing on Palm Sunday

A.7257 S. 2085 - Authorizes Racing Board to issue fines for participants in thoroughbred racing

A.7258 S. 2089 Authorizes managerial audits of OTB's by Racing and Wagering Board

A.8388 - General Revenue Raising Bill with elements of tax raises for New York City. It contains amendments to A. 2106-B. The bill was passed over the Governor's veto on May 19.

A.10288 S. 6432 - Obligations of NYRA to Horsemen

A.10339 S. 6618 - Authorizes VLT's on the ferry fron Rochester to Toronto

A.11791 -  Assembly's Gaming Reform Act of 2004

S.16 - Raises the minimum wagering age to 21

S.25 - Prohibits the State from entering into a compact with an Indian tribe to permit comercialized casino gaming unlesss the State Constitution is amended.

S.166 - Directs the Racing and Wagering Board to supervise and regulate foreign wagering enterprises

S.5670 - Ratifies the 1993 Indian gaming compact with the St. Regis Mohawks. Passed both houses as of June 23, 2004.

S5810 - Blocks felons from holding licenses from Racing Board

S.6126 - Constitutional authorization for commercial casinos in Catskills

S.6431 - Authorizes higher takeout at NYRA

S.6449 - Sets standards for facilities conducting video lottery to ensure adequate horse
racing access

S.6996 A.11381 - Authorizes proposition wagers in New York, Ch. 373, L.2004

S.7364 - The Governor and the Senate's Gaming Reform Act of 2004

S.7538 A.11594 - Provides for simulcasting when NYRA is racing at Saratoga, Ch. 229, L. 2004

S.7699 A.11790 - Authorizes free passes for family of racing licensees, Ch. 416, L. 2004

 III Major New York Court Cases

Anabile v. Pellegrino 284 F. 3d 104 (2nd Cir. 2002) constitutionality of Racing Board's barn search at Yonkers Raceway

Saratoga County Chamber of Commerce Inc., v. Pataki, June 12, 2003 Court of Appeals

State v. Oneida Indian Nation of NewYork, No. 95-CV-0554 (NDNY November 9, 2001) denies tribe right to depose Governor and the Secretary to the Governor

Johnson v. Capital District Regional, 5:98-CV-903 (NDNY September 28, 2001) fired OTB employee's constitutional rights were not violated

Murphy v. New York Racing Association, 76 F. Supp 2d 489 (SDNY 1999) unsuccessful civil rights suit against NYRA

Galvin v. New York Racing Association, 70 F. Supp. 2d 163 (EDNY 1998) aff'd 166 F. 3d 1200 (2nd Cir 1998) successful civil rights suit against NYRA

Zito v. New York State Racing and Wagering Board, Appellate Division, Third Department, 300 A.D.2d 805 December 2002 motion for leave to appeal denied by Court of Appeals in May 2003

Serey v. New York State Racing and Wagering Board, Appellate Division, Second Department,  December 2002

Matter of  Mongeon v. Hoblock First Department  303 A. D. 2d 160 March 2003

Sachs v. Racing and Wagering Board, 767 N.Y. S.2d 144 (3rd Dept. 2003)

Donk v. Miller, (2nd Circuit Court of Appeals April 2004) follow cues and search for "Donk"

Etkin v. Capital OTB (3rd Dept. 2004) Davis Etkin gets his benefits package.

Dalton v. Pataki  (3rd Dept. 2004)  the major decision on the constitutionality of expanded gambling

Mosher v. NYS Racing and Wagering Board (3rd Dept. 2004) upholds suspension of harness driver

Freed v. NYS Racing and Wagering Board (3rd Dept. 2004)

Seneca Cayuga Tribe v. Town of Aurelius, (Northern District September 2004) Oklahoma-based tribe as successor to Cayuga land claim

IV Federal Laws on Gambling 

Gambling Devices Act of 1962 aka the "Johnson Act"

Interstate Horseracing Act of 1978

RICO

Lottery Criminal Laws

The Wire Act

Gambling Ships Act

Federal Taxes on Wagering

V Federal Legislation on Gambling

2003-4 Pending Legislation

Unlawful Internet Gambling Funding Act, H.R. 21 Leach

The American Horse Slaughter Prevention Act, H.R. 857, Sweeney

Internet Gambling Licensing and Regulation Commission Act, H.R. 1223 Conyers

Senate Unlawful Internet Gambling Funding Act, S. 627, Kyl

Amateur Sports Integrity Act, S. 1002 McCain 

Indian Gaming Regulatory Act Amendments of 2003, S. 1529 Campbell

VI State Legislative Developments 

2004 Alabama, "Bingo" for Books amendment and go to S.B. 381

California Account Wagering Law ch. 198, 2001

2004 California  Proposed Initiative # 68 which would provide for slots at racetracks

2004 California Proposed Initiative #70 on Indian casinos and payments to the State

2003 Delaware House Bill #15 Limiting the Anti-Smoking Law

2003 Florida VLT Bill SB 64

2004 Florida - Initiative Measure Allowing Racinos in Miami-Dade and Broward Counties

2003 Illinois Video Gaming at Tracks amended House Bill 142