2023 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-five 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-five. 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.