KRS § 230.3771 — KY Code / Title XIX / Chapter 230 / Section 230.3771
230.3771 Limitations on and conditions for interstate simulcasting and wagering at Thoroughbred tracks, harness tracks, and simulcast facilities
Status: in_force

230.3771 Limitations on and conditions for interstate simulcasting and wagering at

Thoroughbred tracks, harness tracks, and simulcast facilities.

(1) A Thoroughbred track licensed to conduct Thoroughbred racing may receive

interstate simulcasts of Thoroughbred, quarter horse, paint horse, Appaloosa, and

Arabian horse races, and conduct interstate wagering thereon, subject to the

following limitations:

(a) A Thoroughbred receiving track may receive interstate simulcasts of

Thoroughbred races and conduct interstate wagering thereon at any time of

day and during any live Thoroughbred horse race meet conducted in the

Commonwealth of Kentucky so long as the Thoroughbred receiving track

conducting interstate wagering remits to the Thoroughbred host track

conducting a live meet, from the first awarded day of its live meet through the

last awarded day of the same live meet, the amounts provided in paragraph (j)

of this subsection;

(b) A Thoroughbred host track which receives interstate simulcasts and conducts

interstate wagering thereon during the period of time from the first awarded

day of its live meet through the last awarded day of its live meet shall offer

the simulcasts to all Thoroughbred receiving tracks, all harness tracks not

subject to the provisions of KRS 230.377(2), and all simulcast facilities

through the intertrack wagering system;

(c) Except as otherwise prohibited by law, a receiving track shall conduct

intertrack wagering on all live races of all Thoroughbred host tracks on any

day on which it receives an interstate simulcast for the purpose of conducting

interstate wagering;

(d) No host track shall require that any receiving track or simulcast facility

receive the interstate simulcast;

(e) If more than one (1) Thoroughbred track conducts live racing at the same time

on the same day, no track or simulcast facility may receive an interstate

simulcast of Thoroughbred races unless all Thoroughbred tracks conducting

live racing at the same time of day agree upon all interstate simulcasts to be

received and the division of the Thoroughbred host track's commission. If

more than one (1) Thoroughbred track conducts live racing at different times

on the same day, the Thoroughbred host track with the highest average daily

handle, based on the preceding year, shall be the host track for purposes of

splitting the commissions earned on interstate wagering at receiving tracks

within the Commonwealth. For purposes of this subsection, average daily

handle includes live handle, intertrack wagering handle, and simulcast facility

handle. Also for purposes of this subsection, the time of day during which a

host track conducts live racing commences with its first published post time

and concludes ten (10) minutes after the published post time of its last race of

the day, regardless of actual post times;

(f) Each Thoroughbred track which desires to conduct interstate wagering

pursuant to the provisions of this subsection shall during each year make

application to the corporation for no less than one hundred percent (100%) of

the number of racing days awarded to the track in 1994 and one hundred

percent (100%) of the number of races scheduled to be run by the track in

1993;

(g) Notwithstanding paragraph (f) of this subsection, any Thoroughbred track

may apply for less than one hundred percent (100%) of the number of racing

days awarded to the track in 1994 or one hundred percent (100%) of the

number of races scheduled to be run by the track in 1993, if written approval

is obtained from the Kentucky Horsemen's Benevolent and Protective

Association and the Kentucky Thoroughbred Owners and Breeders

Association, Inc.;

(h) A separate accounting on all interstate simulcasting shall be submitted to the

corporation. The accounting shall be submitted in the same format and at the

same time that the report for intertrack wagering is submitted;

(i) If the only simulcast or simulcasts a track participating as a host track makes

available for interstate wagering through this state's intertrack wagering

system on any race day are Thoroughbred horse races designated as graded

stakes races by the Graded Stakes Committee of the Thoroughbred Owners

and Breeders Association, Inc., then the commission of the receiving track on

these interstate wagers shall be split as prescribed by KRS 230.378(3);

otherwise, the commission of the receiving track shall be split as prescribed

by paragraph (j) of this subsection. Interstate simulcasts received by a

Thoroughbred host track under the conditions set forth in this paragraph shall

not be subject to the conditions set forth in paragraphs (b), (c), (e), and (f) of

this subsection;

(j) A receiving track's commission on interstate wagering, after deduction of

applicable taxes and any amounts required to be paid by contract to the track

from which the interstate simulcast originated, shall be split as follows:

1. Twenty-five percent (25%) to the receiving track where the interstate

wagering occurs;

2. Twenty-five percent (25%) to the Thoroughbred host track designated

by paragraphs (a) and (e) of this subsection. However, if the race does

not occur between the first awarded day of a live meet and the last

awarded day of the same live meet, an additional twenty-five percent

(25%) shall be retained by the receiving track where the interstate

wagering occurs;

3. Twenty-five percent (25%) to the purse program of the receiving track

where the interstate wagering occurs; and

4. Twenty-five percent (25%) to the purse program of the Thoroughbred

host track designated by paragraphs (a) and (e) of this subsection.

However, if the race does not occur between the first awarded day of a

live meet and the last awarded day of the same live meet, then an

additional twenty-five percent (25%) shall be paid to the purse program

of the receiving track where the interstate wagering occurs; and

(k) A simulcast facility's commission on interstate wagering on Thoroughbred

racing, after deduction of applicable taxes and any amounts required to be

paid by contract to the track from which the interstate simulcast originated,

shall be split as provided in KRS 230.380(9).

(2) A harness track licensed to conduct harness racing may receive interstate simulcasts

of harness horse, quarter horse, paint horse, Appaloosa, and Arabian horse races

and conduct interstate wagering thereon subject to the following limitations:

(a) A harness receiving track may receive interstate simulcasts of harness races,

quarter horse races, paint horse races, Appaloosa races, and Arabian horse

races, and conduct interstate wagering thereon at any time of day and during

the course of any live harness horse race meet conducted in the

Commonwealth of Kentucky so long as the harness receiving track

conducting interstate wagering remits to the harness host track conducting a

live meet, from the first awarded day of its live meet through the last awarded

day of the same live meet, the amounts provided in paragraph (j) of this

subsection;

(b) A harness host track which receives an interstate simulcast and conducts

interstate wagering thereon during its live race meet shall offer the simulcasts

to all Thoroughbred receiving tracks not subject to the provisions of KRS

230.377(2), all harness tracks, and all simulcast facilities through the

intertrack wagering system;

(c) Except as otherwise prohibited by law, a harness receiving track or a

simulcast facility shall conduct intertrack wagering on all live races of a

harness host track on any day it receives an interstate simulcast from a harness

host track;

(d) No host track shall require that any receiving track or simulcast facility

receive the interstate simulcast;

(e) If more than one (1) harness track conducts live racing at the same time on the

same day, no track or simulcast facility may receive an interstate simulcast on

harness races unless all harness tracks conducting live racing at that time of

day agree upon the interstate simulcast to be received and the division of the

harness host track's commission. If more than one (1) harness track conducts

live racing at different times on the same day, the harness host track with the

highest average daily handle, based on the preceding year, shall be the host

track for purposes of splitting the commissions earned on interstate wagering

at receiving tracks within the Commonwealth. For purposes of this subsection,

average daily handle includes live handle, intertrack wagering handle, and

simulcast facility handle. Also for purposes of this subsection, the time of day

during which a host track conducts live racing commences with its first

published post time and conclude ten (10) minutes after the published post

time of its last race of the day, regardless of actual post times;

(f) Each harness track which desires to conduct interstate wagering pursuant to

the provisions of this subsection shall during each year make application to

the corporation for no less than one hundred percent (100%) of the number of

racing days awarded to the track in 1994 and one hundred percent (100%) of

the number of races scheduled to be run by the track in 1993;

(g) Notwithstanding paragraph (f) of this subsection, any harness track may apply

for less than one hundred percent (100%) of the number of racing days

awarded to the track in 1994 or one hundred percent (100%) of the number of

races scheduled to be run by the track in 1993, if written approval is obtained

from the Kentucky Harness Horsemen's Association, or its successor;

(h) A separate accounting on all interstate simulcasting shall be submitted to the

corporation. This accounting shall be submitted in the same format and at the

same time that the report for intertrack wagering is submitted;

(i) If the only simulcast or simulcasts a track participating as a harness host track

makes available for interstate wagering through this state's intertrack

wagering system on any race day are harness horse races (both final and

elimination) having a final purse in excess of seventy-five thousand dollars

($75,000), then the commission of the receiving track on these interstate

wagers shall be split as prescribed by KRS 230.378(3); otherwise, the

commission of the receiving track shall be split as prescribed by paragraph (j)

of this subsection. Interstate simulcasts received by a harness host track under

the conditions set forth in this paragraph shall not be subject to the conditions

set forth in paragraphs (b), (c), (e), and (f) of this subsection;

(j) A receiving track's commission on interstate wagering, after deduction of

applicable taxes and any amounts required to be paid by contract to the track

from which the interstate simulcast originated, shall be split as follows:

1. Twenty-five percent (25%) to the receiving track where the interstate

wagering occurs;

2. Twenty-five percent (25%) to the harness host track designated by

paragraphs (a) and (e) of this subsection. However, if no live meet is

occurring, an additional twenty-five percent (25%) shall be retained by

the receiving track where the interstate wagering occurs;

3. Twenty-five percent (25%) to the purse program of the receiving track

where the interstate wagering occurs; and

4. Twenty-five percent (25%) to the purse program of the harness host

track designated by paragraphs (a) and (e) of this subsection. However,

if no live meet is occurring, an additional twenty-five percent (25%)

shall be paid to the purse program of the receiving track where the

interstate wagering occurs; and

(k) A simulcast facility's commission on interstate wagering on harness races,

after deduction of applicable taxes and any amount required to be paid by

contract to the track from which the interstate simulcast originated, shall be

split as provided in KRS 230.380(9).

(3) A harness track may only receive interstate simulcasts of Thoroughbred horse races

and conduct interstate wagering thereon as provided in subsection (1)(b) of this

section. A Thoroughbred track may only receive interstate simulcasts of harness

horse races and conduct interstate wagering thereon as provided in subsection (2)(b)

of this section. A simulcast facility may only receive interstate simulcasts of

Thoroughbred and harness horse races and conduct interstate wagering thereon as

provided in subsections (1)(b) and (2)(b) of this section.

(4) (a) A Thoroughbred track licensed to conduct horse racing may receive interstate

simulcasts of quarter horse, paint horse, Appaloosa, and Arabian horse races

and conduct interstate wagering thereon, subject to the limitations stated in

paragraph (b) of this subsection.

(b) A receiving track's commission on interstate wagering, after deduction of

applicable taxes and any amounts required to be paid by contract to the track

from which the interstate simulcast originated, shall be split as follows:

1. Twenty-five percent (25%) to the receiving track where the interstate

wagering occurs;

2. Twenty-five percent (25%) to the host track; and

3. Consistent with the horse breed participating in the race:

a. Fifty percent (50%) to the Kentucky paint horse, Appaloosa, and

Arabian purse fund established by KRS 230.446 to supplement

purses for paint horse, Appaloosa, and Arabian horse races in this

state; or

b. Fifty percent (50%) to the Kentucky quarter horse purse fund

established by KRS 230.407 to supplement purses for quarter

horse races in this state.

(5) (a) A harness track licensed to conduct horse racing may receive interstate

simulcasts of quarter horse, paint horse, Appaloosa, and Arabian horse races

and conduct interstate wagering thereon, subject to the limitations stated in

paragraphs (b), (c), and (d) of this subsection.

(b) A receiving track's commission on interstate wagering, after deduction of

applicable taxes and any amounts required to be paid by contract to the track

from which the interstate simulcast originated, shall be split as follows:

1. Twenty-five percent (25%) to the purse program of the receiving track;

2. Twenty-five percent (25%) to the purse program of the host track;

3. Twenty-five percent (25%) to the receiving track; and

4. Twenty-five percent (25%) to the host track.

(c) When a paint horse, Appaloosa, or Arabian horse race is run at a Kentucky

race track, the commission to the Kentucky paint horse, Appaloosa, and

Arabian purse fund established by KRS 230.446 shall be twenty-two percent

(22%) from the host track's purse share.

(d) When a quarter horse race is run at a Kentucky race track, the commission to

the Kentucky quarter horse purse fund established by KRS 230.407 shall be

twenty-two percent (22%) from the host track's purse share.

(6) Other provisions of the Kentucky Revised Statutes notwithstanding, any track in a

geographic area that contains more than one (1) track within a fifty (50) mile radius

of any other track may only receive interstate simulcasts on racing of the same

breed of horse as the track was licensed to race on or before July 15, 1998, except

any track may receive interstate simulcasts on quarter horse, paint horse,

Appaloosa, or Arabian horse races.