comp the empl de of his or her position and thereafter has rendered continuous in such position, or in a position in the same salary grade, he Shall be entitled, on the first day of the fiscal year following etion of four years of such service, to an additional increment of rade to which his or her position is allocated. The salary of such yee shall not be increased, pursuant to the provisions of this subdivision, to an amount in excess of the longevity rate of the grades of his or her position. the (2) year of (3) For purposes of this subdivision, no nonjudicial officer or employee shall receive the additional increment hereunder on or after April first, nineteen hundred ninety-four unless he or she shall have received a satisfactory or greater performance rating for his or her services during the year immediately preceding pursuant to a performance evaluation system set forth in the agreement specified in section one of this act. $6. (a) The provisions of this section shall apply to all nonjudicial officers or employees not in any collective negotiating unit established pursuant to article fourteen of the civil service law or in any of the units specified in subdivision (a) of section three of this act who, during the fiscal year commencing April first, nineteen hundred eightytwo, as nonjudicial officers and employees of the unified court system, were subject to an alternative procedure for the payment of salaries pursuant to section five of chapter three hundred fifty-three of the laws of nineteen hundred eighty-two and who have been continuously employed by the unified court system since that time. (b) Notwithstanding the provisions of section five of chapter three hundred fifty-three of the laws of nineteen hundred eighty-two, as amended, or of section two hundred of the state finance law, commencing with the last bi-weekly payroll period ending at least fourteen days before March thirty-first, nineteen hundred ninety-three for each nonjudicial officer or employee subject to the provisions of this section, the salary or wages of such officer or employee shall be payable by the state two weeks after they shall have become due. (c) Payable on the last day of the bi-weekly payroll period specified in subdivision (b) of this section, each nonjudicial officer or employee subject to the provisions of this section shall be entitled to a lump sum payment equalling the amount of salary or wages that would have been due and payable to such officer or employee during such bi-weekly payroll period but for the provisions of subdivision (b) of this section. (d) Where a nonjudicial officer or employee to whom the provisions of this section apply dies, retires or otherwise separates from service, he or she, or his or her estate where he or she has died, shall not be paid the salary or wages to which he or she otherwise would be entitled for services rendered during the last bi-weekly payroll period in which he or she served ("final wages"); provided, however, where the amount of such salary or wages exceeds the amount of the lump sum he or she received pursuant to subdivision (c) of this section ("lump sum advance"), he or she shall receive a lump sum payment equalling the amount of such excess. (e) Notwithstanding the provisions of subdivision (a) of section five of chapter three hundred fifty-three of the laws of nineteen hundred eighty-two, as amended, any lump sum payment otherwise receivable thereunder shall be reduced by any amount by which an employee's lump sum advance exceeds his or her unpaid final wages, as those terms are defined by subdivision (d) of this section. 7. Notwithstanding any other provision of law, commencing with the last bi-weekly payroll period ending at least fourteen days before March EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law thirty-first, nineteen hundred ninety-three, for each nonjudicial officer or employee to whom the provisions of section three or section four of this act apply, except those to whom the provisions of section six of this act apply, the salary or wages of such nonjudicial officer or employee shall be payable by the state two weeks after they shall have become due. Until such time, an alternative procedure for the payment of salaries and wages, to be determined pursuant to the agreement specified in section one of this act, shall be implemented in lieu of the procedure for the payment of salaries specified in subdivision one of section two hundred of the state finance law. § 8. Paragraph (ii) of subdivision (c) of section 6 of chapter 353 of the laws of 1982, amending the judiciary law relating to terms and conditions of employment of non judicial officers and employees of the unified court system is amended to read as follows: (ii) The Comptroller is hereby authorized to audit, and the chief administrator is hereby authorized to inspect, review and conduct on-site inspections of, the books of the employee organization and the separate books and records, if any, of the fund authorized by this section respect to any moneys transmitted pursuant to this section. with § 9. Location pay. (a) Notwithstanding any other provision of law: (1) Any nonjudicial officer or employee to whom the provisions of section three or four of this act apply and whose principal place of employment is in the city of New York, Nassau county, Rockland county, Suffolk county or Westchester county shall receive locational pay as follows: (i) at a rate of seven hundred twenty-nine dollars annually, during the fiscal year commencing April first, nineteen hundred ninety-three; (ii) at a rate of seven hundred fifty-nine dollars annually, from April first, nineteen hundred ninety-four through September thirtieth, nineteen hundred ninety-four; and (iii) at a rate of seven hundred sixty-eight dollars annually, from October first, nineteen hundred ninety-four through April first, nineteen hundred ninety-five. This locational pay shall be in lieu of any other locational pay provided by law. (2) Any nonjudicial officer or employee to whom the provisions of section three or four of this act apply, whose principal place of employment is in Monroe county and who, on March thirty-first, nineteen hundred ninety-one, was receiving annual location pay shall continue receive location pay, at a rate of two hundred dollars annually. to (b) Except as provided in subdivision (a) of this section, no nonjudicial officer or employee to whom the provisions of section three or four of this act apply shall receive location pay. Any location pay authorized hereunder shall be in addition to and shall not be a part of an employee's basic annual salary and shall not impair rights or benefits to which an employee may be entitled by law, provided, however, that location pay shall be included as compensation for purposes of computation of overtime pay and for retirement purposes. § 10. The provisions of sections three, four, five, six, seven, eight and nine of this act shall not be implemented for nonjudicial officers and employees in a collective negotiating unit established pursuant to article fourteen of the civil service law until the chief administrator of the courts shall deliver to the comptroller a certificate that there is in effect with respect to such negotiating unit a written collective bargaining agreement with the state pursuant to article fourteen of the civil service law which provides therefor; and any increase in compensation, including increases in basic annual salary, increments or partial increments, or bonuses, provided by this act or otherwise authorized by law may be withheld in whole or in part from any nonjudicial officer or employee not in a collective negotiating unit when in the opinion of the chief administrator such increase is not warranted or is not appropri ate. § 11. Notwithstanding the provisions of subdivision one of section two hundred nine-a of the civil service law and any other law to the contrary, the authority to pay bonuses to certain nonjudicial officers and employees, as established by subdivision (e) and subdivision (h) of section three of this act shall not extend beyond October first, nineteen hundred ninety-four. § 12. Date of entitlement to salary increase. Notwithstanding provisions of this act or any other law, each increase in salary or compensation for nonjudicial officers or employees provided by this act shall be added to the salary or compensation of such officer or employee at the e begi the LAWS OF NEW YORK, 1992 3349 ng of that payroll period the first day of which is nearest to best ning effective date of such increase as provided in this act, or at the which creas se tion of the earlier of the two payroll periods the first days of are nearest but equally near to the effective date of such inas provided in this act; provided, however, for the purposes of employee upon reclassificareallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, deemed such salary increase shall be to be effective on the date thereof as prescribed in this act, and the payment thereof pursuant to this section on the date prior thereto, instead of on such effective date, shall not operate to confer any additional salary rights or benefits on such officer or employee. determining the salary of such officer or 13. This act shall take effect immediately and shall be deemed to have been in full force and effect from and after April first, nineteen hundred ninety-one. CHAPTER 503 AN ACT to amend the racing, pari-mutuel wagering and breeding law, in to ex Passed on Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 2 of section 221 of the racing, pari-mutuel wagering and breeding law, as amended by chapter 919 of the laws of 1986, is ammended* to read as follows: such 2. The state racing and wagering board shall, as a condition of racing, require any non-profit racing association and every other corporation or association subject to its jurisdiction to withhold one percent of all purses and, in the case of a non-profit association, to pay sum to [any] the horsemen's organization or its successor that was first approved during nineteen hundred eighty-three by the board as the qualified organization representing at least fifty-one percent of the owners and trainers utilizing the facilities of such association and, in case of every other corporation, to pay such sum to the horsemen's organization or its successor that was first approved during nineteen hundred eighty-five by the board as the qualified organization representing at least fifty-one percent of the Owners and trainers utilizing the facilities of such corporation. the In either case, any other horsemen's organization may apply to the board to be approved as the qualified organization to receive payment of the one percent of all purses by submitting to the board proof of both, that (i) it represents more than fifty-one percent of all the owners and trainers utilizing the same facilities and (ii) the horsemen's organization previously approved as qualified by the board does not represent fifty-one percent of all the owners and trainers utilizing the same facilities. If the board is satisfied that the documentation submitted with the application of any other horsemen's organization is conclusive with respect to (i) and (ii) above, it may approve the applicant as qualified recipient organization. the In the best interests of racing, upon receipt of such an application, the board may direct the payments to the previously qualified horsemen's *So in original. ("ammended" should be "amended". ) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to organization to continue uninterrupted, or it may direct the payments to be withheld and placed in interest-bearing accounts for a period not exceed ninety days, during which time the board shall review and approve or disapprove the application. Funds held in such manner shall be paid to the organization approved by the board. In no event shall the board accept more than one such application in any calendar year from the same horsemen's organization. The funds authorized to be paid by the board are to be used exclusively for the benefit of those horsemen racing in New York state through the administrative purposes of such qualified organization, benevolent activities on behalf of [their] backstretch employees, for the promotion of equine research. and § 2. The opening paragraph of subdivision 1 of section 905 of the racing, pari-mutuel wagering and breeding law, as amended by chapter 361 of the laws of 1991, is amended to read as follows: Notwithstanding any inconsistent provision of this chapter, whenever a regional off-track betting corporation accepts wagers on and displays the simulcast of the Kentucky Derby, the Preakness or races known as the "Breeders' Cup", any corporation or association or non-profit racing association conducting pari-mutuel betting pursuant to this chapter may elect to accept wagers on and display the simulcast of the Kentucky Derby, the Preakness [or] and the races known as the Breeders' Cup. Upon such election: § 3. Subdivision 2 of section 905 of the racing, pari-mutuel wagering and breeding law, as amended by chapter 919 of the laws of 1986, is amended and a new subdivision 2-a is added to read as follows: a daily basis. 2. The state racing and wagering board shall approve an application from any racing corporation or association or non-profit racing association pursuant to subdivision one of this section to accept on-track wagers [on] and display the simulcast of the Kentucky Derby[,] or the Preakness [or the Breeders' Cup] provided, however, that no application shall be approved by the board that it determines may cause a reduction of the total number of racing events normally conducted at the track on 2-a. The state racing and wagering board shall approve an application from any racing corporation or association or non-profit racing association pursuant to subdivision one of this section to accept on-track wagers on the Breeders' Cup races, and, in instances where the application contemplates the on-track display of simulcasts of and wagering on the entire card of Breeders' Cup races, the board shall authorize, for that day, a reduction of the total number of racing events normally conducted at the track on a daily basis provided that the total number of live racing events conducted at the track shall not be less than two. as § 4. Subdivision 1 and the opening paragraph of subdivision 2 of section 905-a of the racing, pari-mutuel wagering and breeding law, added by chapter 346 of the laws of 1990, are amended to read as follows: 1. Notwithstanding any inconsistent provisions of this chapter, any non-profit racing association, racing association or corporation, or off-track betting corporation may during a calendar year [jointly] accept wagers and the simulcast signal of no more than [twelve] fortyseven thoroughbred races from in and out-of-state tracks designated as races of special interest by the board [from among those races recommended by any non-profit racing associations, racing associations or corporations or regional off-track betting corporations]; provided, however, that multiple races constituting the American Championship Racing Series shall be considered as one race. For purposes of this subdivision, multiple races from tracks on a particular day which are the subject of a single super exotic pari-mutuel pool shall be considered as one race. For purposes of this subdivision, such racing associations, or corporations licensed or franchised in accordance with article two or three of this chapter and every regional off-track betting 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 eighteen per centum of the total deposits in pools resulting from regular bets, less twenty per centum of the total deposits in pools resulting from multiple bets, and less twenty-six per centum of the total deposits in pools resulting from exotic bets and super exotic bets, plus the breaks. b. the the оп of Paragraph b of Of the LAWS OF NEW YORK, 1992 initial twelve such events, in any calendar year any 3351 of subdivision 2 of section 905-a of the racing, ual wagering and breeding law, as added by chapter 346 of the 1990, is amended to read as follows: sums so retained from on and off-track betting pools, for as determined by board, of the sums so retained from on and off-track betting pools additional special events approved by the board, the applicable rate shall be one and one-half per centum of all wagers, the applicable tax rates shall be two per centum for regular bets, three per cenfor multiple bets, and seven per centum for exotic bets, plus fifty per centum of the breaks. tax tum § 6. Paragraph b of subdivision 6 of section 1007 of the racing, parimutuel wagering and breeding law, as added by chapter 346 of the laws of 1990, is amended to read as follows: b. Of the sums retained by a receiving track from the conduct of simulcasting on special events as designated by the board and out of state races as provided in section one thousand fourteen of this article, a portion shall be distributed to purses at the receiving track in accordance with a written agreement detailing the division of such funds for such special events between the harness track operator and the horsemen's organization representing owners and trainers at such track, as determined by the board. In the absence of such an agreement, fifty per centum shall be distributed exclusively to purses at such receiving track. One per centum of all such wagers shall be paid to the agriculture and New York state horse breeding and development fund. § 7. Paragraph a of subdivision 5 of section 1009 of the racing, parimutual wagering and breeding law, as amended by chapter 346 of the laws of 1990, is amended to read as follows: a. [An] Except when wagers are accepted pursuant to section one thousand fourteen of this article an admission fee to simulcast theaters shall be charged and the amount of such admission fee shall be subject to the approval of the racing and wagering board. § 8. Subdivisions 1 and 2 and paragraph a of subdivision 3 and subdivision 6 of section 1012 of the racing, pari-mutuel wagering and breeding law, subdivisions 1 and 2 as amended by chapter 524 of the laws of 1991, paragraph a of subdivision 3 and subdivision 6 as added by chapter 346 of the laws of 1990, are amended to read as follows: 1. A minimum balance for a telephone account maintained by any harness, thoroughbred, or quarter horse racing association or corporation shall be not less than [five] three hundred dollars at the time of the wager. 2. A minimum balance for a telephone account_maintained by a nonprofit racing association shall be not less than [one thousand] four hundred fifty dollars at the time of the wager for residents of New York or contiguous states and not less than one hundred dollars at the time of the wager for residents of other states not contiguous with New York state. a. Any Any regional off-track betting corporation may suspend collection of the surcharge imposed under section five hundred thirty-two of this chapter on winning wagers placed in telephone accounts maintained by such regional corporation provided that such account has a minimum balance of not less than [five] three hundred dollars at the time of wager. 6. The provisions of this section shall expire and be of no further force and effect after June thirtieth, nineteen hundred [ninety-two] ninety-three. $ 9. The racing, pari-mutuel wagering and breeding law is amended by adding a new section 1014 to read as follows: § 1014. Simulcasting of races at thoroughbred tracks located in another state. 1. Notwithstanding any inconsistent provisions of this chapter, on any day when no thoroughbred track licensed prior to June first, nineteen hundred ninety-one is conducting a race meeting, any regional off-track betting corporation and tracks licensed in accordance * So in original. ("pari-mutual" should be "pari-mutuel".) EXPLANATION-Matter in italics is new; matter in brackets [] is old law |