NY Rac, Pari-Mut Wag & Breeding L § 1014 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 10 - Simulcast of Horse Races 1014 - Simulcasting of Out-of-State Thoroughbred Races.

§  1014.  Simulcasting  of  out-of-state  thoroughbred races. 1.   The provisions of this  section  shall  govern  the  simulcasting  of  races conducted  at thoroughbred tracks located in another state or country on any day during which a  franchised  corporation  is  conducting  a  race meeting in Saratoga county at Saratoga thoroughbred racetrack until June thirtieth,  two thousand twenty-two and on any day regardless of whether or not a franchised corporation is conducting a race meeting in Saratoga county at Saratoga thoroughbred  racetrack  after  June  thirtieth,  two thousand  twenty-two.  On  any day on which a franchised corporation has not scheduled a racing program but  a  thoroughbred  racing  corporation located  within  the  state is conducting racing, each off-track betting corporation branch office and each  simulcasting  facility  licensed  in accordance  with  section  one  thousand  seven (that has entered into a written  agreement  with  such  facility's   representative   horsemen's organization, as approved by the commission), one thousand eight, or one thousand  nine  of this article shall be authorized to accept wagers and display the live simulcast signal from thoroughbred  tracks  located  in another state or foreign country subject to the following provisions:   a.  Each  off-track  betting  branch  office  accepting  wagers  on an out-of-state track shall accept wagers on  races  run  at  the  in-state track  and  every  simulcasting  facility  licensed  in  accordance with sections one thousand seven, one thousand eight and one thousand nine of this article which is accepting  wagers  and  displaying  the  simulcast signal  from  an  out-of-state  track  shall similarly accept wagers and display the signal from the in-state track.   b. Simulcasting facilities shall be authorized to  accept  wagers  and display the live simulcast signal from out-of-state thoroughbred tracks.   c.  If a regional harness track is conducting racing on a day on which out-of-state  simulcasting  is   authorized,   the   off-track   betting corporation  shall  be  required  to  accept wagers and display the live simulcast signal of such races provided the  terms  and  conditions  for accepting  such  signal  are  no  less favorable than those in effect on April first, nineteen hundred ninety-three.   d. Each off-track betting  corporation  shall  determine  the  average daily handle on the in-state thoroughbred corporation, the average daily handle from out-of-state tracks and the average total daily payment made to  the  in-state  thoroughbred  track  on  each  day  from April first, nineteen hundred ninety-three through  December  thirty-first,  nineteen hundred ninety-three on which the off-track betting corporation accepted wagers  on  races  conducted  at  such  track  and races conducted on an out-of-state track on a day on which no scheduled races  were  conducted by  a  franchised corporation. This calculation shall be provided to the commission and the chief executive officers of the in-state thoroughbred track and the horsemen's organization. If there is a dispute as  to  the amount  of  such  calculations, written documentation from the off-track betting corporation and the track, shall be supplied to  the  commission which   shall  make  a  determination  of  the  correct  amounts,  which determination shall be final and binding on all parties.   e. An amount equal to the calculated number shall be determined to  be the  amount  payable  to the in-state thoroughbred racing corporation as though such number were calculated on actual handle, using  the  payment schedules,  including  distribution  to  purses,  of  article five-A and article ten of this chapter provided such track conducts  a  program  of racing  equivalent  in  racing  dates  and wagering opportunities to the nineteen hundred ninety-three program.   f. The amount shall be distributed in accordance with  the  provisions of  this section. The commission shall determine the amount of and dates of such payments, which dates shall, as far as practicable, reflect  the  payments  made  to  such  track during the comparable period of nineteen hundred ninety-three.   g.  (1)  At  the  conclusion  of  the thoroughbred track corporation's nineteen hundred ninety-four racing season or as shortly  thereafter  as possible  but  not  later  than  December  twentieth,  nineteen  hundred ninety-four, the off-track betting corporations and the commission shall determine the average daily handle for the in-state thoroughbred  racing corporation  and  the  average  daily  handle  for  races  conducted  at out-of-state or out-of-country tracks. If average daily handle  for  any off-track  betting  corporation exceeds by ten percent the average daily handle as calculated in paragraph d of this subdivision, such  off-track betting  corporation  shall  pay  to  the  in-state  thoroughbred racing corporation an amount calculated by multiplying the average daily handle in excess of one hundred ten percent of  the  average  daily  handle  of nineteen  hundred  ninety-three by the effective commission rate paid by such corporation in  nineteen  hundred  ninety-three.  Such  calculation shall be computed separately for handle on in-state tracks and handle on out-of-state tracks.  (2)  For purposes of this section, the effective commission rate shall be determined by dividing the total commission paid by the total  handle rounded to the nearest hundredth.  (3) For purposes of this chapter, total and average daily handle shall have the same meaning as total and average daily wagers or bets.   h.  (1)  Licensed  harness  tracks  shall receive in lieu of any other payments on wagers placed at off-track betting  facilities  outside  the special  betting district on races conducted by an in-state thoroughbred racing corporation, two and eight-tenths percent on regular and multiple bets during a regional meeting and one and nine-tenths percent  of  such bets  if  there is no regional meeting and four and eight-tenths percent on exotic bets on days on which there is a regional  meeting  and  three and four-tenths percent of such bets if there is no regional meeting.  (2)  (i)  In  addition,  licensed harness tracks shall receive one and one-half percent on total handle on races conducted at  an  out-of-state or  out-of-country  thoroughbred  track  provided  such harness track is neither accepting wagers nor displaying the signal from an  out-of-state track.  (ii) In those regions in which there is more than one licensed harness track,  if no track is accepting wagers or displaying the live simulcast signal from the out-of-state track, the total sum shall be divided among the tracks in proportion  to  the  ratio  the  wagers  placed  on  races conducted  by  each  track  bears  to  the corporation's total in-region harness handle. If one or more tracks are accepting wagers or displaying the live simulcast signal, the total amount shall be divided among those tracks not accepting wagers or displaying the simulcast  signal  for  an out-of-state track.  (3)  The  terms used in this section shall have the same applicability and  meaning  as  interpreted  and  applied  in  sections  five  hundred twenty-three and five hundred twenty-seven of this chapter.   i.  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 winning tickets therein, provided such tickets are presented for payment prior to April first of the year following the year of their purchase less eighteen percent of the total deposits in pools  resulting from  regular  bets,  less  twenty-one  percent of the total deposits in pools resulting from multiple bets, less twenty-six percent of the total deposits in pools resulting from exotic bets, less thirty-six percent of the total deposits in pools resulting from super exotic  bets  plus  the breaks  as  defined  in  section  two hundred thirty-six 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.  (1)  Of  the sum so retained, the applicable tax rate shall be one and one-half percent of all such wagers plus fifty percent  of  the  breaks; provided,  however,  fifty percent of the breaks accruing from off-track betting corporations licensed in accordance with  section  one  thousand eight of this article and from simulcast theaters licensed in accordance with  section  one  thousand  nine of this article, shall be paid to the agriculture and New York state horse breeding and development  fund  and to  the  thoroughbred  breeding  and development fund, the total of such payments to be apportioned fifty percent to each such fund.  (2) Of the sums so retained, one-half of one  percent  of  all  wagers shall   be  paid  to  the  New  York  state  thoroughbred  breeding  and development fund, except that of the sums so retained on such wagers  at licensed  harness  tracks,  one-half of one percent shall be paid to the agricultural and New York State horse breeding and development fund.  (3) Of the sum so retained, two percent of all wagers shall be paid to a franchised corporation to be  used  exclusively  for  the  purpose  of increasing  purses,  including  stakes,  premiums  and  prizes, provided further that such amount shall  not  exceed  the  amount  paid  to  such non-profit  racing  association  in  nineteen  hundred ninety-three from wagers placed on out-of-state tracks on a day when no racing  was  being conducted  by the non-profit racing association and a racing program was being conducted by a thoroughbred  racing  corporation  located  in  the state.  The  excess,  if  any,  shall  be  paid to a thoroughbred racing corporation located in the state  until  August  thirty-first,  nineteen hundred  ninety-five  and  on  and after July nineteen, nineteen hundred ninety-six to be used exclusively for the purpose of increasing  purses, including stakes, premiums and prizes.  (4)  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.   j. (1) All wagers authorized by this section shall be combined  so  as to  produce common pari-mutuel betting pools for the calculation of odds and the determination of payouts from such pools, which payouts shall be made pursuant to the rules of the commission. Every location  authorized to  accept wagers or display simulcasting pursuant to this section shall be subject to all appropriate provisions of this chapter.  (2) Every regional off-track betting  corporation  may  simulcast  all out-of-state  races authorized by this section at any licensed simulcast facility except for those facilities located in a  thoroughbred  special betting district.   Facilities  located  in  such special betting district may display the simulcast signal with the permission of the thoroughbred  track  located in  such  district  or  if  such  track  displays  the  signal  from  an out-of-state or out-of-country track.   k. The provisions of section five hundred thirty-two of  this  chapter shall apply as follows:  (1)  for  all  wagers  placed  at  facilities licensed to receive such out-of-state or out-of-country simulcasts in accordance with section one thousand eight of this article, distribution  shall  first  be  made  in accordance  with  subdivision three-a of section five hundred thirty-two of this chapter, 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.  (2)  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  which 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:  (i)  fifty  percent  shall  be  used exclusively for purses awarded in races conducted by such licensed facility; and  (ii) fifty percent shall be retained by such licensed facility for its general purposes.   2. Nothing  in  this  section  shall  be  construed  to  prohibit  the acceptance  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.