NY Rac, Pari-Mut Wag & Breeding L § 904 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 9 - Miscellaneous 904 - On-Track Wagers on the Kentucky Derby, the Preakness and the Breeders' Cup.

§  904.  On-track  wagers on the Kentucky Derby, the Preakness and the   Breeders' Cup. 1. 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 conducting pari-mutuel betting pursuant to this chapter  may   elect  to  accept  wagers  on  and display the simulcast of the Kentucky   Derby, the Preakness and the races known as the Breeders' Cup. Upon such   election:a. The applicable state tax provided for in  paragraphs  a  and  b  of   subdivision  one  of  section  five hundred twenty-seven of this chapter   shall be one-half percent for regular, multiple  and  exotic  bets.  Any   harness  racing  or  association  or corporation, or thoroughbred racing   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 the total daily pari-mutuel pools.b. The system  of  on  and  off-track  betting  shall  result  in  the   combination  of  all  off-track  wagers  with  on-track  wagers so as to   produce common pari-mutuel betting pools. Provided,  however,  that  the   commission  may  authorize  separate  pari-mutuel wagering pools for any   corporation or association  electing  to  accept  such  wagers,  if  the   commission determines that a common on and off-track pari-mutuel betting   pool,  due  to  limitations in existing computer systems and information   transmission and receiving capacities cannot practically be accomplished   so as to maximize a reasonable number of  separate  wagering  interests.   The resulting separate pools for regional off-track betting corporations   shall  be  subject  to the limitations set forth in subdivision eight of   section five hundred twenty-three of this chapter.c.  Every  association  and  corporation  shall  distribute  all  sums   deposited  in  any  pari-mutuel  pool  to the holders of winning tickets   therein, providing such tickets be presented for  payment  before  April   first  of  the year following the year of their purchase, less an amount   that it shall retain at the same rate established by the  sending  track   plus the breaks.d.  For  a  franchised  corporation,  the  applicable  state  tax  and   distributions to purses and the New York state thoroughbred breeding and   development fund shall be the same amounts as provided  in  section  two   hundred  thirty-eight  of  this  chapter  provided,  however,  that upon   election of any corporation to accept such wagers, no additional amounts   may be withheld as provided in section two hundred thirty-seven of  this   chapter.e.  For  any  corporation  licensed  pursuant  to  article two of this   chapter, the applicable state tax shall be one percent  of  all  wagers,   the  amount  payable  to  the thoroughbred breeding and development fund   shall be one-half of one percent and distribution  to  purses  shall  be   fifty  percent  of  the amount retained by the track after all statutory   and contracted payments are made. No additional amounts may be  withheld   as provided in section two hundred thirty-seven of this chapter.f.  For  any  association  or corporation licensed pursuant to article   three of this chapter, the applicable state tax shall be one percent  of   all  wagers,  the  amount  payable  to  the  thoroughbred  breeding  and   development fund shall be one-half of one percent and  distributions  to   purses  shall  be  one and three-quarters percent. No additional amounts   may be withheld as provided in section three hundred  nineteen  of  this   chapter.  For  the  purposes  of purse distributions, any association or   corporation located in the Western Off-Track Betting Region shall  remit   said  distributions to the thoroughbred track located within said region    and all other  corporations  or  associations  shall  remit  said  purse   distributions to a franchised corporation.Notwithstanding  any  other  provision of law, any such association or   corporation conducting pari-mutuel wagering on races run by a franchised   corporation on the days when they are accepting wagers on  the  Kentucky   Derby,  the Preakness or the Breeders' Cup shall pay a state pari-mutuel   tax of one percent of all such wagers in lieu  of  the  tax  imposed  by   paragraph  a  of subdivision three of section one thousand seven of this   chapter.2. The  commission  shall  approve  an  application  from  any  racing   corporation  or  association pursuant to subdivision one of this section   to accept on-track wagers and display  the  simulcast  of  the  Kentucky   Derby  or  the Preakness 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 a daily   basis.2-a.  The  commission  shall  approve  an  application from any racing   corporation or 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  commission   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.3. Every racing association or corporation authorized to accept wagers   on  the  Kentucky  Derby, the Preakness or the Breeders' Cup pursuant to   subdivision one of this section shall  be  subject  to  all  appropriate   provisions  of this chapter pursuant to the conduct of a race meeting by   such association or corporation.4. Notwithstanding any other provision  of  law,  whenever  a  harness   racing  association  or  corporation is receiving the simulcast of races   run  at  a  thoroughbred  racing  corporation,   such   harness   racing   association  may  also  receive the telecast of and accept wagers on any   out of state  races  which  are  telecast  to  the  thoroughbred  racing   corporation. Pools resulting from wagers in the out of state races shall   be  combined  with  the  appropriate pools resulting from wagers on such   races at the thoroughbred racing corporation.