NY Rac, Pari-Mut Wag & Breeding L § 1015 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 10 - Simulcast of Horse Races 1015 - Simulcasting of Races Run by Out-of-State Harness Tracks.

§  1015. Simulcasting of races run by out-of-state harness tracks.  1. The provisions of this section shall govern the  simulcasting  of  races conducted  at  harness tracks located in another state or country during the  period  July  first,  nineteen  hundred  ninety-four  through  June thirtieth,  two  thousand  twenty-two.  This section shall supersede all inconsistent provisions of this chapter.   2. Harness racing associations or corporations subject  to  a  written agreement   with  such  association's  or  corporation's  representative horsemen's association  and  off-track  betting  facilities  are  hereby authorized  to  accept  wagers  and  display  the signal of out-of-state harness tracks provided that:   a. the payments to the out-of-state track  for  accepting  wagers  and displaying  the  live  simulcast signals of these races shall not exceed two percent of total handle for facilities licensed in  accordance  with section  one  thousand  eight  and one thousand nine of this chapter and three  percent  of  total  handle  for  those  facilities  licensed   in accordance with section one thousand seven of this chapter.   b.  all off-track betting branches are permitted to accept such wagers and that all simulcast facilities licensed in accordance  with  sections one  thousand  eight and one thousand nine of this article are permitted to display the live simulcast signal under the same terms and conditions as facilities licensed in accordance with section one thousand seven  of this article;   c. on any day on which a harness track is conducting a racing program, it shall offer its signal to all off-track betting facilities authorized to  receive  such  signals  under terms and conditions no less favorable than  those  in  effect  on   March   thirty-first,   nineteen   hundred ninety-three;  and  that  in  addition  to any out-of-state simulcasting program, the track shall accept wagers and display the  signal  from  at least one in-state harness track;   d.  on  any  day  on which a harness association or corporation is not conducting a racing program, it shall accept the signal from  not  fewer than  two  in-state  harness  tracks  conducting  a  program except this requirement may be waived by the written consent of those harness tracks conducting the race meeting;   e. every  off-track  betting  branch  office  and  simulcast  facility licensed in accordance with sections one thousand eight and one thousand nine  of  this  article, as a condition to accepting out-of-state wagers and displaying the live simulcast signal of  such  races,  shall  accept wagers and display the simulcast signal of its regional harness track at all  locations  at  which out-of-state wagers are accepted or the signal displayed. If the regional  harness  track  is  not  conducting  a  race meeting  but  another  harness  association in the state is conducting a meeting, the off-track betting facilities as a  condition  of  accepting out-of-state  wagers  shall accept wagers and display the signal from at least one in-state harness track;   f. No off-track betting facility shall accept wagers  or  display  the simulcast signal from an out-of-state harness track without an agreement with  the  regional  track,  provided,  however,  that off-track betting facilities  shall  have  the  right  to  display  any  simulcast  signal displayed  by  a regional harness track and any such agreement shall not unreasonably be withheld.   3. Any facility authorized to accept  wagers  on  out-of-state  tracks shall  distribute  all  sums  deposited  in  any pari-mutuel pool to the holders of any tickets therein provided such tickets are  presented  for payment  prior  to  April  first of the year following the year of their purchase less nineteen percent of total deposits in pools resulting from regular bets,  less  twenty-one  percent  of  total  deposits  of  pools  resulting  from  multiple  bets,  less  twenty-seven  percent  of  total deposits of pools resulting from exotic bets, less thirty-six percent of total deposits of pools resulting from super exotic bets plus the breaks as defined in section three hundred eighteen of this chapter except that the  retention  rates and breaks shall be as prescribed by another state or country if such wagers are combined with those in the other state  or country pursuant to section nine hundred five of this chapter.   a.  Distribution  of  retained  commissions  for  all licensed harness tracks shall be in accordance with article three of this chapter.   b. For off-track betting facilities, (1) of the sums so retained,  the applicable tax rate shall be one percent of all such wagers;  (2) of the sum so retained, one percent of all wagers shall be paid to the New York state agricultural and horse breeding and development fund;  (3) of the sum so retained, five percent shall be paid to the regional licensed  harness  track  to be distributed in the same manner as though such payments were on races conducted at such track;  (4) of the sum so retained, an additional one percent  of  all  wagers shall  be paid to the regional licensed harness track for the purpose of increasing purses.   c. In those regions in which there is more than one regional  licensed harness  track, the payments required under subparagraphs three and four of paragraph b of this subdivision shall be made to the  regional  track conducting a meet on the day out-of-state simulcasting occurs. If either no  track  is  conducting a meet, or more than one track is conducting a meet, the distribution shall be made in the proportion that each track's handle bore to the total regional licensed harness track  handle  during the  preceding  calendar  month  or  in  accordance  with  a contractual agreement  between  the  regional  tracks  and  the  off-track   betting corporation.   d.  For wagers placed at an off-track betting facility in that portion of the western  region  located  with  a  thoroughbred  special  betting district,  but  not  included in a harness special betting district, one and one-half percent  of  such  wagers  shall  be  paid  to  the  racing association  located  in  such  district  provided  such  association is neither accepting wagers nor simulcasting  out-of-state  harness  races. Any payments required by this subdivision shall reduce payments required to  be  made to the regional licensed harness track under the provisions of subparagraph three of paragraph b of this subdivision.   e. Any thoroughbred racing corporation or harness  racing  association or  corporation  or off-track betting corporation authorized pursuant to this section shall pay to the commission as a regulatory fee, which  fee is hereby levied, six-tenths of one percent of all wagering pools.   4.  The  provisions of section five hundred thirty-two of this chapter shall apply as follows:   a. for all wagers  placed  at  facilities  licensed  to  receive  such out-of-state simulcasts in accordance with section one thousand eight of this  article,  distribution  shall  first  be  made  in accordance with subdivision three-a, and then fifty percent of the remaining  amount  in accordance with paragraph a of subdivision three of section five hundred thirty-two of this chapter and the other fifty percent shall be retained by such operator for its general purpose.   b.   for   wagers  placed  at  off-track  betting  branch  offices  on out-of-state  tracks  where  such  simulcasting  is  not  conducted,  in accordance with section five hundred thirty-two of this chapter.   c.  upon  application  of  any  facility  licensed  in accordance with sections one thousand seven and one thousand nine of this  article,  the commission  shall  authorize the imposition of a sum equal to the amount authorized by section five hundred thirty-two of this chapter that shall  apply  to  wagers  placed  at  such  facility.  Such  sums  received  by facilities licensed in accordance with section one thousand nine of this article  shall  be  retained for the general purpose of the corporation. Such  sums  received  by  such  facilities  licensed  in accordance with section one thousand seven of  this  article  shall  be  distributed  as follows:  (1)  fifty  percent  shall  be  used exclusively for purses awarded in races conducted by such licensed facility; and  (2) fifty percent shall be retained by such licensed facility for  its general purposes.   5.  Nothing  in  this  section  shall  be  construed  to  prohibit the accepting of wagers on races conducted at  out-of-state  tracks  without the  display  of the live simulcast signal if authorized under any other provision of this chapter.