N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1330-a: Casino gaming expenditures

§ 1330-a. Casino gaming expenditures. 1. (a) In addition to any other

registration or reporting required by law, any entity licensed under

section sixteen hundred seventeen-a of the tax law, or that possesses a

pari-mutuel wagering license or franchise awarded pursuant to article

two or three of this chapter that makes an expenditure of more than one

thousand dollars for any written, typed, or other printed communication,

or any internet-based communication, or any television or radio

communication, or any automated or paid telephone communications, in

support or opposition to any referendum authorized by the state

legislature following second passage of a concurrent resolution to amend

the state constitution to permit or authorize casino gaming to a general

public audience, shall file any reports required pursuant to the

election law simultaneously with the gaming commission and shall provide

such additional reports as required by the commission. This requirement

shall apply irrespective of whether such entity makes such expenditure

directly or indirectly via one or more persons. The commission shall

promulgate regulations to implement the requirements of this section.

(b) Casino gaming expenditures do not include expenditures in

connection with:

(i) a written news story, commentary, or editorial or a news story,

commentary, or editorial distributed through the facilities of any

broadcasting station, cable or satellite unless such publication or

facilities are owned or controlled directly or indirectly by the person

making such expenditure; or

(ii) a communication published on the Internet, unless the

communication is a paid advertisement.

(c) For purposes of this section, the term "person" shall mean person,

group of persons, corporation, unincorporated business entity, labor

organization or business, trade or professional association or

organization, or political committee.

(d) A knowing or willful violation of the provisions of this section

shall subject the person to a civil penalty equal to up to one hundred

thousand dollars or the cost of the communication, whichever is greater,

imposed by the gaming commission for each violation.

2. A copy of all communications paid for by the casino gaming

expenditure, including but not limited to broadcast, cable or satellite

schedules and scripts, advertisements, pamphlets, circulars, flyers,

brochures, letterheads and other printed matter and statements or

information conveyed to one thousand or more members of a general public

audience shall be filed with the gaming commission with the statements

required this article.