NY Rac, Pari-Mut Wag & Breeding L § 1016 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 10 - Simulcast of Horse Races 1016 - Simulcasting of Out-of-State Thoroughbred Races.

§  1016.  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 not conducting  a  race meeting in Saratoga county at Saratoga thoroughbred racetrack until June thirtieth,  two thousand twenty-two. Every off-track betting corporation branch office and every simulcasting  facility  licensed  in  accordance with  section  one  thousand  seven  that  have  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 full-card simulcast signal of thoroughbred  tracks  (which  may  include quarter  horse or mixed meetings provided that all such wagering on such races shall be construed to be thoroughbred races)  located  in  another state or foreign country, subject to the following provisions; provided, however,  no  such  written  agreement shall be required of a franchised corporation licensed in accordance with section one  thousand  seven  of this article:   a.  Each  off-track  betting  branch  office  accepting  wagers  on an out-of-state track shall accept wagers on  races  run  at  all  in-state thoroughbred  tracks  which  are  conducting  racing  programs and every simulcasting facility licensed in accordance with sections 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  all in-state thoroughbred tracks conducting racing programs.   b. 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, and less twenty-seven 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 sums so retained, the applicable  tax  rates  shall  be  as governed  by  clauses (A) and (B) of subparagraphs three, four, five and six of this paragraph  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) (A) 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.  (B) 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.  (3)   Distribution  of  wagers  placed  on  the  initial  out-of-state thoroughbred track at facilities licensed in  accordance  with  sections one thousand eight and one thousand nine of this article.  (A)  Of  the sums so retained on days when a franchised corporation is not conducting a race meeting within the state and a thoroughbred racing corporation is conducting a race meeting                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           1.50      1.50       1.50     1.50  Non-franchised Thoroughbred Racing corporation                         0.50      0.50       0.50     0.50  Non-franchised Thoroughbred Racing corporation payments to purses      1.50      2.00       1.50     2.00  Franchised corporation              0.50      0.50       0.50     0.50  Franchised corporation payments to purses                  2.00      2.00       2.50     4.00  (B) Of the sums so retained on days when a franchised  corporation  is conducting a race meeting within the state                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           1.00      1.00       1.00     1.00  Non-franchised Thoroughbred Racing corporation                         0.50      0.50       0.50     0.00  Non-franchised Thoroughbred Racing corporation payments to purses      0.50      0.50       0.50     0.50  Franchised corporation              2.00      1.50       1.50     2.00  Franchised corporation payments to purses                  2.00      3.00       3.00     5.00  (C)  Payments  to purses as required under clauses (A) and (B) of this subparagraph shall be paid to the thoroughbred racing corporation to  be used exclusively for the purpose of increasing purses, including stakes, premiums and prizes.  (4)   Distribution   of  wagers  placed  on  other  than  the  initial out-of-state thoroughbred track at  facilities  licensed  in  accordance with sections one thousand eight and one thousand nine of this article.  (A)  Of  the sums so retained on days when a franchised corporation is not conducting a race meeting within the state and a thoroughbred racing corporation is conducting a race meeting                                                                    Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           1.00      1.00       1.00     1.00  Non-franchised Thoroughbred Racing                 2.00      2.00       2.00     2.50 corporation payments to purses  Franchised corporation              1.00      1.00       1.00     1.00  Franchised corporation payments to purses                  2.00      2.00       2.50     4.00  (B)  Of  the sums so retained on days when a franchised corporation is conducting a race meeting within the state                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           0.50      0.50       0.50     0.50  Non-franchised Thoroughbred racing                 0.50      0.25       0.50     0.50 corporation  Non-franchised Thoroughbred racing                 0.50      0.25       0.50     0.50 corporation payments to purses  Franchised corporation              2.25      2.25       2.00     2.50  Franchised corporation payments to purses                  2.25      3.25       3.00     4.50  (C) Payments to purses as required under clauses (A) and (B)  of  this subparagraph  shall be paid to the thoroughbred racing corporation or to the franchised corporation to be used exclusively  for  the  purpose  of increasing purses, including stakes, premiums and prizes.  (D)  On  days when no thoroughbred track is conducting a race meeting, facilities licensed in accordance with sections one thousand  eight  and one thousand nine of this article are authorized to accept the simulcast signal   from  more  than  two  out-of-state  thoroughbred  tracks.  The distribution of wagers on such out-of-state thoroughbred track or tracks shall be in accordance with clause (B) of this subparagraph.  (5)  Distribution  of  wagers  placed  on  the  initial   out-of-state thoroughbred track at facilities licensed in accordance with section one thousand seven of this article.  (A)  Of  the sums so retained on days when a franchised corporation is not conducting a race meeting within the state and a thoroughbred racing corporation is conducting a race meeting                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           1.50      1.50       1.50     1.50  Non-franchised Thoroughbred racing                 0.25      0.25       0.25     0.50 corporation  Non-franchised Thoroughbred racing                 0.75      1.00       0.75     1.00 corporation payments to purses  Franchised corporation              0.25      0.25       0.25     0.25  Franchised corporation payments to purses                  1.00      1.00       2.25     2.00  (B)  Of  the sums so retained on days when a franchised corporation is conducting a race meeting within the state                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           1.00      1.00       1.00     1.00  Non-franchised Thoroughbred racing corporation                         0.25      0.25       0.25     0.25  Non-franchised Thoroughbred racing corporation payments to purses      0.25      0.25       0.25     0.25  Franchised corporation              1.00      0.75       0.75     1.00  Franchised corporation payments to purses                  1.00      1.50       1.50     2.50  (C) Payments to purses as required under clauses (A) and (B)  of  this subparagraph  shall  be  paid to a thoroughbred racing corporation to be used exclusively for the purpose of increasing purses, including stakes, premiums and prizes.  (D) For wagers placed at a thoroughbred racing corporation  the  state tax  shall  be  the  amounts  specified  in  clauses (A) and (B) of this subparagraph  and  retention  thereafter  shall  be  identical  to  sums retained for each type of on-track wager.  (E)  On  days  when  a franchised corporation is not conducting a race meeting and when a licensed harness track is  neither  accepting  wagers nor  displaying  the signal from an in-state thoroughbred corporation or association or an out-of-state thoroughbred track:  (i) Such licensed regional harness track 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.  (ii) Such licensed  regional  harness  track  shall  receive  one  and one-half  percent  on  total  regional  handle  on  races  conducted  at out-of-state or out-of-country thoroughbred tracks.  (iii) In those regions in  which  there  is  more  than  one  licensed regional  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 or in-state thoroughbred corporation or association.  (F) Of the sums retained by a licensed harness facility, fifty percent shall be used exclusively for purses awarded in races conducted by  such licensed  facility  and the remaining fifty percent shall be retained by such licensed facility for its general purposes, provided, however, that in a harness special betting district the portion of the  sums  retained by  a licensed harness facility to be used for purses or the methodology for calculating the amount to be used for purses may be specified  in  a written contract between a harness racing association or corporation and its representative horsemen's association.  (6)   Distribution   of  wagers  placed  on  other  than  the  initial out-of-state thoroughbred track at  facilities  licensed  in  accordance with section one thousand seven of this article.  (A)  Of  the sums so retained on days when a franchised corporation is not conducting a race meeting within the state and a thoroughbred racing corporation is conducting a race meeting                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           1.00      1.00       1.00     1.00  Non-franchised Thoroughbred Racing corporation payments to purses      1.00      1.00       1.00     1.25  Franchised corporation              0.50      0.50       0.50     0.50  Franchised corporation payments to purses                  1.00      1.00       1.25     2.00  (B) Of the sums so retained on days when a franchised  corporation  is conducting a race meeting within the state                                                                   Super-                                     Regular   Multiple   Exotic   exotic                                     bets      bets       bets     bets  State Tax                           0.50      0.50       0.50     0.50  Non-franchised Thoroughbred Racing corporation                         0.25      0.25       0.25     0.25  Non-franchised Thoroughbred Racing corporation payments to purses      0.25      0.25       0.25     0.25  Franchised corporation              1.25      1.25       1.00     1.25  Franchised corporation payments to purses                  1.25      2.00       1.50     2.25  (C)  Payments  to purses as required under clauses (A) and (B) of this subparagraph shall be paid to a thoroughbred racing  corporation  or  to the  franchised  corporation  to  be used exclusively for the purpose of increasing purses, including stakes, premiums and prizes.  (D) For wagers placed at a franchised corporation  or  a  thoroughbred racing  corporation  the  state  tax  shall  be the amounts specified in clauses (A) and (B) of this subparagraph and retention thereafter  shall be identical to sums retained for each type of on-track wager.  (E)  On  days when no thoroughbred track is conducting a race meeting, facilities licensed in accordance with section  one  thousand  seven  of this  article  are  authorized  to  accept  the  simulcast  signal  from out-of-state thoroughbred tracks. The distribution  of  wagers  on  such out-of-state  thoroughbred  track  or tracks shall be in accordance with clause (B) of this subparagraph.  (F) On days when a franchised corporation is  not  conducting  a  race meeting  and  when  a licensed harness track is neither accepting wagers nor displaying the signal from an in-state thoroughbred  corporation  or association or an out-of-state thoroughbred track:  (i)  Such licensed regional harness track 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.  (ii)  Such  licensed  regional  harness  track  shall  receive one and one-half  percent  on  total  regional  handle  on  races  conducted  at out-of-state or out-of-country thoroughbred tracks.  (iii)  In  those  regions  in  which  there  is more than one licensed regional 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 or in-state thoroughbred corporation.  (G) Of the sums retained by a licensed harness facility, fifty percent shall be used exclusively for purses awarded in races conducted by  such licensed  facility  and the remaining fifty percent shall be retained by such licensed facility for its general purposes, provided, however, that in a harness special betting district the portion of the  sums  retained by  a licensed harness facility to be used for purses or the methodology for calculating the amount to be used for purses may be specified  in  a written contract between a harness racing association or corporation and its representative horsemen's association.   c.  (1)  All wagers authorized by this section shall be combined so as to produce common pari-mutuel betting pools,  which  shall  be  combined with   the   sending   track,  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.   d.  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 that applies 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:  (A) fifty percent shall be used  exclusively  for  purses  awarded  in races conducted by such licensed facility; and  (B)  fifty percent shall be retained by such licensed facility for its general purposes.   e. 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.   2.  The  provisions  of this section shall not be effective, nor shall any out-of-state simulcast signal or wagers thereon be permitted  to  be accepted  pursuant  to this section by any off-track betting corporation in this state during the dates set forth  in  subdivision  one  of  this section until the following conditions are met and are in full force and effect:   a.   New  York  city  off-track  betting  corporation  has  a  written contractual agreement with an in-state thoroughbred racing  corporation, guaranteeing  said  in-state  thoroughbred  racing  corporation the same display of its signal as any out-of-state  track  displayed  under  this section  during  the dates and time periods delineated herein, including the display of said signal at least five days per week under section one thousand  three  of  this  article,  commonly  known  as   the   in-home simulcasting  experiment;  provided  said  corporation's  signal is made available five days per week;   b.  Said  written  contractual  agreement  shall   not   provide   for remuneration and shall be separate and apart from any existing statutory provision,   current   agreement,   or   future   agreement,   regarding remuneration of the in-state thoroughbred racing corporation by New York city off-track betting corporation for its simulcast signal,  and  shall contain  a clause providing for enforcement of the contractual agreement in a court of general jurisdiction with the  power  to  grant  equitable and/or injunctive relief;    c.  Said  written  agreement  shall  contain  a  clause  providing for injunctive relief and/or liquidated damages if said contract is breached by either party;   d. Upon a decision, ruling or order by a court of general jurisdiction that said contract has been breached, no out-of-state simulcasting shall be  permitted under the provisions of this section until renewal of said contract or  a  new  contract  containing  the  requirements  herein  is executed; and   e.   Provided  further,  that  if  New  York  city  off-track  betting corporation shall cease to display the signal of an  out-of-state  track through  in-home  simulcasting pursuant to section one thousand three of this article, nothing herein shall prohibit  any  off-track  corporation from  displaying the out-of-state signal in its parlors and teletheaters so long as the signal of an in-state thoroughbred racing corporation  is displayed on an equal number of screens.