2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 10 - Simulcast of Horse Races › 1017 - Out-of-State or Out-of-Country Races.

§  1017.  Out-of-state  or out-of-country races. 1. Licensed simulcast
  facilities may accept wagers and display the signal of  out-of-state  or
  out-of-country  thoroughbred  tracks  after 7:30 P.M. in accordance with
  the provisions of this section.  Such  simulcasting  may  include  mixed
  meetings  if  such meetings are integral to such racing programs and all
  such wagering on such races shall be construed to be thoroughbred races.
  For  facilities  located  within  the  special  betting  district,  such
  approval  shall  also be required from a thoroughbred racing corporation
  during the period a racing program is being  conducted  at  such  track.
  Such  approval shall not be required on any day such thoroughbred racing
  corporation is also accepting an out-of-state or  out-of-country  signal
  and  wager, as authorized by this section. The provisions of section one
  thousand sixteen of this article shall be applicable to the  conduct  of
  such  simulcasting  and  the  provisions  of  clauses  (A)  and  (B)  of
  subparagraph four of paragraph b  of  subdivision  one  of  section  one
  thousand  sixteen  of  this  article  shall  apply  to  those facilities
  licensed in accordance with sections one thousand eight and one thousand
  nine of this article and the  provisions  of  clauses  (A)  and  (B)  of
  subparagraph  six  of  paragraph  b  of  subdivision  one of section one
  thousand sixteen  of  this  article  shall  apply  to  those  facilities
  licensed  in accordance with section one thousand seven of this article,
  when such provisions are in full  force  and  effect  pursuant  to  such
  section.  Provided,  however,  the  provisions  of  section one thousand
  fourteen of this article shall be applicable  to  the  conduct  of  such
  simulcasting, when such provisions are in full force and effect pursuant
  to such section.
2.  a.  Maintenance  of effort. Any off-track betting corporation that
  engages in accepting wagers on the simulcasts of thoroughbred races from
  out-of-state or out-of-country as permitted  under  subdivision  one  of
  this  section  shall  submit  to  the  commission,  for  its approval, a
  schedule of payments to be made in any year  or  portion  thereof,  that
  such   off-track   corporation   engages   in   nighttime   thoroughbred
  simulcasting. In order to be approved by  the  commission,  the  payment
  schedule  shall be identical to the actual payments and distributions of
  such payments to tracks and purses made by  such  off-track  corporation
  pursuant  to  the  provisions  of  section  one thousand fifteen of this
  article during the year two thousand two, as derived  from  out-of-state
  harness  races  displayed after 6:00 P.M. If approved by the commission,
  such scheduled payments shall be made from  revenues  derived  from  any
  simulcasting conducted pursuant to this section and section one thousand
  fifteen of this article.
b.  Additional payments. During each calendar year, to the extent, and
  at such time in the event,  that  aggregate  statewide  wagering  handle
  after  7:30  P.M.  on out-of-state and out-of-country thoroughbred races
  exceeds one hundred million dollars, each off-track betting  corporation
  conducting  such simulcasting shall pay to its regional harness track or
  tracks, an amount equal to two percent of  its  proportionate  share  of
  such  excess  handle. In any region where there are two or more regional
  harness tracks, such two percent shall be divided between or  among  the
  tracks in a proportion equal to the proportion of handle on live harness
  races conducted at such tracks during the preceding calendar year. Fifty
  percent  of  the  sum  received by each track pursuant to this paragraph
  shall be used exclusively for increasing purses, stakes  and  prizes  at
  that regional harness track. For the purpose of determining whether such
  aggregate  statewide  handle  exceeds  one  hundred million dollars, all
  wagering   on   such   thoroughbred   races   accepted    by    licensed
  multi-jurisdictional  account  wagering  providers from customers within
  New York state shall be excluded.