2023 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-five. 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.