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with section one thousand seven of this chapter to accept the signal from non-profit racing association may accept wagers and display the simulcast signal of thoroughbred racing programs from thoroughbred track located in another state,

provided such track is more than seventy-five miles from the New York state border, and subject to the approval of

of the racing and wagering board and the limitations provided herein. No simulcast signal may be accepted any out-of-state thoroughbred track past seven o'clock post meridian.

2. a. For purposes of this subdivision, any such corporation shall distribute all sums deposited in any pari-mutuel pools to the holders of winning tickets therein, provided however, such tickets be presented for payment prior to April first of the year following the year of their purchase less nineteen per centum of the total deposits in pools resulting from regular bets, less twenty-one per centum of the total deposits in pools resulting from multiple bets, less twenty-seven per centum of the total deposits in pools resulting from exotic bets, and less thirty-six per centum of the total deposits in pools resulting from super exotic bets, plus the breaks as defined in section three hundred eighteen of this chapter.

b. Of the sums so retained, the applicable tax rates shall be one and one-half per centum for all such wagers, plus fifty per centum of the breaks.

Of the sums so retained, three-quarters of one per centum of all wagers shall be paid to the New York state thoroughbred and breeding development fund. d. Of the

so retained, four per centum of all wagers shall be used exclusively for thoroughbred purses (including stakes, premiums and prizes) awarded in races conducted by a non-profit racing association except that for any wages placed with the western regional off-track betting corporation and 'within a special betting district, such purse payments shall be made to a track within such district.

e. The board shall adopt such measures as are necessary to limit the number of separate out-of-state racing programs authorized under this section to no more than two out-of-state tracks per day.

3. The board shall approve an emergency request by a regional corporation, a non-profit racing association, and tracks licensed in accordance with section

thousand seven of this chapter, to accept the signal from a non-profit racing association to conduct out-of-state wagering and simulcasting in the event that a regularly scheduled or portion of a regularly scheduled race program is cancelled by a non-profit racing association due to weather conditions that would otherwise cause the conduct of such program to be harmful to the jockeys or horses entered in such race. For purposes of this subdivision, a non-profit racing association conducting such out-of-state wagering shall distribute all deposited in

any . pari-mutuel pools to the holders of winning tickets therein provided, however, such tickets be presented for payment prior to April first of the year following the year of their purchase, less seventeen per centum of the total deposits in pools resulting from ontrack regular and multiple bets and twenty-five per centum of the total deposits in pools resulting from on-track exotic bets and thirty-six per centum of the total deposits in pools resulting from on-track super exotic bets, plus the breaks. "Exot'ic bets" and "multiple bets" shall have the meanings set forth in section five hundred nineteen of this chapter. "Super exotic bets" shall have the meaning set forth in section three hundred

of this chapter. The breaks are hereby defined as the odd cents over any multiple of ten for regular and multiple bets, or for exotic bets, over any multiple of fifty, or for super exotic bets, over any multiple of one hundred, calculated on the basis of

dollar, otherwise payable to a patron. Out of the amount so retained there shall be paid by such non-profit racing association to the commissioner of taxation and finance, as a reasonable tax by the state for the privilege of conducting pari-mutuel betting on the races displayed at

meetings held by such non-profit racing association, the following percentages of the total pool for regular and multiple bets, five per centum of regular bets and four per centum of multiple bets plus twenty per centum of the breaks; for exotic wagers seven and one-half per centum plus twenty. per centum of the breaks, and for super exotic bets seven and one-half per centum plus fifty per centum of the breaks. Payment to the New York state thoroughbred breeding and development fund by such corporation shall be one-half of one per centum of total daily on-track pari-mutuel pools resulting from regular, multiple and exotic bets and three per centum of super exotic bets. Distribution of pools used exclu

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purses shall be in accordance with section two hundred twenty-nine of this chapter. No simulcast signal may be accepted on any out-of-state thoroughbred track past seven o'clock post meridian. 4. Notwithstanding

any other

provision of this chapter, whenever a non-profit racing association accepts out-of-state wager's in accordance with subdivision three of this section, regional off-track betting corporations and harness racing, associations may also accept such out-of'state races,

provided such regional corporation and harness racing association is authorized to accept such non-profit racing association wagers on that day.

5. Every regional corporation authorized to accept wagers and the simulcast signal pursuant to subdivision one of this section shall be subject to all appropriate provisions of this chapter governing the simulcast of a race meeting by such corporation.

6. During the period such out-of-state wagering and simulcasting is authorized, every approved regional off-track

betting

corporation and racing facility that conducts such program shall (i) electronically display current odds and information concerning medication that is monly published in racing, publications or at the out-of-state track and (ii) furnish the board, within three days of the completion of each outof-state wagering and simulcasting program, a report consisting of the components and total wagering activity and other pertinent data the board shall require. To facilitate such reporting,

the board may prescribe a standard format and shall distribute such reports to the legislature for its review.

y. The provisions of section five hundred thirty-two of this chapter shall apply to all wagers placed on out-of-state events at simulcast facilities authorized in accordance with section one thousand eight of this article.

8. A sum equal to the amount authorized by section five hundred thirty-two of this chapter shall apply to all wagers placed on out-ofstate events authorized by subdivision one of this section, at simulcast facilities authorized in accordance with sections one thousand seven and one thousand nine of this article. Such sums received by facilities licensed in accordance with section one thousand nine of this article shall be retained by such facility for its general purposes. Such sums received by facilities licensed in accordance with section one thousand seven of this article shall be distributed as follows:

a. fifty percent shall be used exclusively for purses awarded in races conducted by such licensed facility; and

b. fifty percent shall be retained by such licensed facility for its general purposes.

9. Nothing in this section shall prevent the acceptance of wagers on out-of-state tracks as provided in sections five hundred twenty-three and five hundred twenty-seven of this chapter. 10.

On any day that a simulcast facility licensed in accordance with section one thousand seven of this article accepts out-of-state wagers in accordance with subdivision one of this section, such facility shall not be entitled to payments required pursuant to paragraph 8 of subdivision one of section five hundred twenty-seven of this chapter.

11. The provisions of this section shall remain in full force and effect until March thirty-first, nineteen hundred ninety-three.

§ 10. Section 54 of chapter 346 of the laws of 1990, amending the racing, pari-mutuel wagering and breeding law relating to simulcasting and the imposition of certain taxes, is amended to read as follows:

54. This act shall take effect immediately, provided, however, sections three through twelve of this act shall take effect on January 1, 1991, and section 1013 of the racing, pari-mutuel wagering and breeding law as added by section thirty-eight of this act shall expire and be deemed repealed on July 15, [1992] 1993; and section eighteen of this act shall take effect [two] five years after the date section thirteen takes effect and sections Fifty-one and fifty-two of this act shall take effect as of the same date as chapter 772 of the laws of 1989 took effect and shall expire the same date as article 10 of the racing, pari-mutuel wagering and breeding law expires.

§ 11. This act shall take effect immediately. EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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CHAPTER 504

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(See REPEAL NOTE at end of Chapter.) AN ACT to amend chapter 22 of the laws of 1992, amending the retirement

and social security law relating to contributions to the optional retirement program, in relation to the temporary task force on optional retirement programs and to repeal certain provisions of the retirement and social security law, implementing the interim recommendations, and relating to contributions to the optional retirement pro

gram and making an appropriation therefor Became a law July 17, 1992, with the approval of the Governor. Passed on

message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 4

of section 2 of chapter 22 of the laws of 1992, amending the retirement and social security law relating to tributions to the optional retirement program, is amended to read as follows:

On before [June] July 1, 1992, the temporary task force shall issue [a] an interim report containing, such findings and recommendations regarding the level of employer contributions to the optional retirement programs, the appropriateness of linking such contributions to the

employer contributions made to public retirement systems and any other matter properly pertaining thereto. The task force shall issue a final report and recommendations on December 15, 1992, or as soon thereafter as practicable regarding the level of employer contributions to the optional retirement programs for employees hired on or after July 1, 1992 and any other matter properly pertaining thereto. Such [report] reports shall be transmitted to the governor, the comptroller, the temporary president of the senate and the speaker of the assembly.

§ 2. Notwithstanding any other provision of law, any eligible employee who is originally employed or reemployed by the state education depart

the city university, the state university or a community college on or after July 1, 1992, shall be ineligible to join or to participate in optional retirement program until the task force has issued its final report and recommendations and appropriate action has been taken to provide for eligibility to join such program. Solely

for

the purposes of this act, for eligible employees hired on or after July 1, 1992 the election period provided in sections 183, 393 and 6253 of the education law shall be extended through and including thirty days after the task force has issued its final report and recommendations and appropriate actions have been taken to provide for eligibility to join the optional retirement program, provided such employees remain

in the active service of the employer. Until such election is made the employee shall not be deemed a member of any retirement system. Nothing herein provided shall preclude an eligible employee hired on or after July 1, 1992 from making an irrevocable election within thirty days of initial employment to join a public retirement system otherwise available.

As used in this section: (a) "eligible employee" shall mean eligible employee as that term is defined pursuant to sections. 180, 390 and 6250 of the education law; (b) "state university" and "community college" shall mean state university and community college those terms defined pursuant to section 390 of the education law; and (c) "city university" shall mean city university as that term is defined in section 6250 of the education law. S 3.

Section 449, subdivision b of section 515 and subdivision b of section 611 of the retirement and social security law are repealed.

§ 4. For the period July 1, 1992 through March 31, 1993, the maximum contribution amount on behalf of an eligible employee to the optional retirement program shall be equivalent to the contribution as determined pursuant to section 449, subdivision b of section 515 and subdivision b of section 611 of the retirement and social security law. Provided, however for the period July 1, 1992, through March

1993, the comptroller directed to make contributions to the optional retirement program for eligible employees, who are on the payroll as of June 30,

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1992, for such period at a rate as if the contribution rate in effect on such June 30, was still in effect and,

the maximum contribution amount is contributed, further moneys shall be contributed during such period.

§ 5. Commencing during fiscal year 1993-94 and each of the next two fiscal years, the difference between the amount that is contributed to

optional retirement program during the period July 1, 1992, through March 31, 1993, for eligible employees and the amount that would have been contributed had the contribution rate during that period been the same as in effect on June 30, 1992, shall be contributed behalf of such eligible employees, who were on the payroll on June 30, suant to the following schedule: during the month of September, 1993, 10 percent of such amount; during the month of September, 1994, 45 percent of such amount; and during the month of September, 1995, 45

percent of such amount.

§ 6. The sum of one hundred fifty thousand dollars ( $ 150,000), or so much thereof as may be necessary, is hereby appropriated out of

any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available, for the expenses of the temporary task force on optional retirement programs. Such moneys shall be payable out of the state treasury

after audit by the comptroller upon vouchers certified or approved by the chairman of the task force.

§ 7. This act shall take effect immediately, provided, however, that section three of this act shall take effect April 1, 1993, and further provided that the amendments made by this act shall not affect the expiration of provisions of law due to expire pursuant to section 615 of the retirement and social security law and such amendments shall expire therewith.

REPEAL NOTE. -Section 449, subdivision b of section 515 and subdivision b of section 611 of the retirement and social security law, repealed by section three of this act effective April 1, 1993, provided for maximum rates of contribution by public employers to' optional retirement programs on behalf of employees who joined such optional retirement programs on or after July 1, 1973.

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CHAPTER 505

AN ACT to amend the education law, in relation to establishing a work for credit health training program for secondary school students Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings and purpose. The legislature hereby finds and declares that the quality of health care is an issue of major concern. One of the most significant factors to be considered influential in providing quality health care is the availability of essential health personnel which is directly affected by the number of persons choosing careers in the public health care field.

The legislature therefore declares that a program establishing a work for credit health training program for secondary school students engaging, in employment preparatory to a career in the public health care field within our hospitals and health care facilities and agencies is needed and appropriate to foster interest in health care related fields particularly professional nursing careers.

§ 2. The education law is amended by adding a new section 812 to read as follows:

§ 812. Health training program for secondary school students. 1. The commissioner, in cooperation with the board of regents, is authorized EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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and directed to establish and develop a program of credit for health training for those secondary school students evidencing an interest to pursue a health care services career. Such program may be instituted by any school district seeking to provide its secondary school students with opportunity to participate in a health care facility or agency training program wherein its secondary school students shall receive academic credit for work related training received at health care facilities or agencies.

2. The board of regents shall establish criteria to be used by school districts participating in such program for the selection of eligible secondary school students seeking placement in a health training program subject to availability of placement openings:

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the provisions of this

its effective date are authorized and directed to be made and completed on or before such effective date.

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CHAPTER 506

AN ACT to amend the real property tax law, in relation to ownership by

brothers and sisters in qualifying for certain exemptions Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (a) of subdivision 1 of section 467 of the real property tax law, as amended by chapter 440 of the laws of 1985, is amended to read as follows:

(a) Real property owned by one or more persons, each of whom is sixtyfive years of age or over, or real property owned by husband and wife or by siblings,

of whom is sixty-five years of age or over, shall be exempt from taxation by any municipal corporation in which located to the extent of fifty per centum

of

the assessed valuation thereof, provided the governing board of such municipality, after public hearing, adopts

a local law, ordinance or resolution providing therefor. For the purposes of this section, sibling shall mean brother

sister, whether related through half blood, whole blood or adoption.

§ 2. This act shall take effect immediately.

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CHAPTER 507

AN

ACT to amend the environmental conservation law, in relation to the use of the department's emergency authorization for agricultural wells in Long Island counties Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 15-1527 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows:

7. The provisions of this section shall apply to the use of water for agricultural purposes. The department shall, for the purposes of section 70-0116 of this chapter, make a finding of an emergency when a replace

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