N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 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-seven 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-seven. 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 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 rate set

forth in subdivision one of section one hundred thirty-six of this

chapter.

(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.