Casino gaming expenditures

§ 1330-a. Casino gaming expenditures. 1. (a) In addition to any other\nregistration or reporting required by law, any entity licensed under\nsection sixteen hundred seventeen-a of the tax law, or that possesses a\npari-mutuel wagering license or franchise awarded pursuant to article\ntwo or three of this chapter that makes an expenditure of more than one\nthousand dollars for any written, typed, or other printed communication,\nor any internet-based communication, or any television or radio\ncommunication, or any automated or paid telephone communications, in\nsupport or opposition to any referendum authorized by the state\nlegislature following second passage of a concurrent resolution to amend\nthe state constitution to permit or authorize casino gaming to a general\npublic audience, shall file any reports required pursuant to the\nelection law simultaneously with the gaming commission and shall provide\nsuch additional reports as required by the commission. This requirement\nshall apply irrespective of whether such entity makes such expenditure\ndirectly or indirectly via one or more persons. The commission shall\npromulgate regulations to implement the requirements of this section.\n (b) Casino gaming expenditures do not include expenditures in\nconnection with:\n (i) a written news story, commentary, or editorial or a news story,\ncommentary, or editorial distributed through the facilities of any\nbroadcasting station, cable or satellite unless such publication or\nfacilities are owned or controlled directly or indirectly by the person\nmaking such expenditure; or\n (ii) a communication published on the Internet, unless the\ncommunication is a paid advertisement.\n (c) For purposes of this section, the term "person" shall mean person,\ngroup of persons, corporation, unincorporated business entity, labor\norganization or business, trade or professional association or\norganization, or political committee.\n (d) A knowing or willful violation of the provisions of this section\nshall subject the person to a civil penalty equal to up to one hundred\nthousand dollars or the cost of the communication, whichever is greater,\nimposed by the gaming commission for each violation.\n 2. A copy of all communications paid for by the casino gaming\nexpenditure, including but not limited to broadcast, cable or satellite\nschedules and scripts, advertisements, pamphlets, circulars, flyers,\nbrochures, letterheads and other printed matter and statements or\ninformation conveyed to one thousand or more members of a general public\naudience shall be filed with the gaming commission with the statements\nrequired this article.\n