N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1015: Simulcasting of races run by out-of-state harness tracks

§ 1015. Simulcasting of races run by out-of-state harness tracks. 1.

The provisions of this section shall govern the simulcasting of races

conducted at harness tracks located in another state or country during

the period July first, nineteen hundred ninety-four through June

thirtieth, two thousand twenty-seven. This section shall supersede all

inconsistent provisions of this chapter.

2. Harness racing associations or corporations subject to a written

agreement with such association's or corporation's representative

horsemen's association and off-track betting facilities are hereby

authorized to accept wagers and display the signal of out-of-state

harness tracks provided that:

a. the payments to the out-of-state track for accepting wagers and

displaying the live simulcast signals of these races shall not exceed

two percent of total handle for facilities licensed in accordance with

section one thousand eight and one thousand nine of this chapter and

three percent of total handle for those facilities licensed in

accordance with section one thousand seven of this chapter.

b. all off-track betting branches are permitted to accept such wagers

and that all simulcast facilities licensed in accordance with sections

one thousand eight and one thousand nine of this article are permitted

to display the live simulcast signal under the same terms and conditions

as facilities licensed in accordance with section one thousand seven of

this article;

c. on any day on which a harness track is conducting a racing program,

it shall offer its signal to all off-track betting facilities authorized

to receive such signals under terms and conditions no less favorable

than those in effect on March thirty-first, nineteen hundred

ninety-three; and that in addition to any out-of-state simulcasting

program, the track shall accept wagers and display the signal from at

least one in-state harness track;

d. on any day on which a harness association or corporation is not

conducting a racing program, it shall accept the signal from not fewer

than two in-state harness tracks conducting a program except this

requirement may be waived by the written consent of those harness tracks

conducting the race meeting;

e. every off-track betting branch office and simulcast facility

licensed in accordance with sections one thousand eight and one thousand

nine of this article, as a condition to accepting out-of-state wagers

and displaying the live simulcast signal of such races, shall accept

wagers and display the simulcast signal of its regional harness track at

all locations at which out-of-state wagers are accepted or the signal

displayed. If the regional harness track is not conducting a race

meeting but another harness association in the state is conducting a

meeting, the off-track betting facilities as a condition of accepting

out-of-state wagers shall accept wagers and display the signal from at

least one in-state harness track;

f. No off-track betting facility shall accept wagers or display the

simulcast signal from an out-of-state harness track without an agreement

with the regional track, provided, however, that off-track betting

facilities shall have the right to display any simulcast signal

displayed by a regional harness track and any such agreement shall not

unreasonably be withheld.

3. 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 any tickets therein provided such tickets are presented for

payment prior to April first of the year following the year of their

purchase less nineteen percent of total deposits in pools resulting from

regular bets, less twenty-one percent of total deposits of pools

resulting from multiple bets, less twenty-seven percent of total

deposits of pools resulting from exotic bets, less thirty-six percent of

total deposits of 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.

a. Distribution of retained commissions for all licensed harness

tracks shall be in accordance with article three of this chapter.

b. For off-track betting facilities, (1) of the sums so retained, the

applicable tax rate shall be one percent of all such wagers;

(2) of the sum so retained, one percent of all wagers shall be paid to

the New York state agricultural and horse breeding and development fund;

(3) of the sum so retained, five percent shall be paid to the regional

licensed harness track to be distributed in the same manner as though

such payments were on races conducted at such track;

(4) of the sum so retained, an additional one percent of all wagers

shall be paid to the regional licensed harness track for the purpose of

increasing purses.

c. In those regions in which there is more than one regional licensed

harness track, the payments required under subparagraphs three and four

of paragraph b of this subdivision shall be made to the regional track

conducting a meet on the day out-of-state simulcasting occurs. If either

no track is conducting a meet, or more than one track is conducting a

meet, the distribution shall be made in the proportion that each track's

handle bore to the total regional licensed harness track handle during

the preceding calendar month or in accordance with a contractual

agreement between the regional tracks and the off-track betting

corporation.

d. For wagers placed at an off-track betting facility in that portion

of the western region located with a thoroughbred special betting

district, but not included in a harness special betting district, one

and one-half percent of such wagers shall be paid to the racing

association located in such district provided such association is

neither accepting wagers nor simulcasting out-of-state harness races.

Any payments required by this subdivision shall reduce payments required

to be made to the regional licensed harness track under the provisions

of subparagraph three of paragraph b of this subdivision.

e. 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.

4. The provisions of section five hundred thirty-two of this chapter

shall apply as follows:

a. for all wagers placed at facilities licensed to receive such

out-of-state simulcasts in accordance with section one thousand eight of

this article, distribution shall first be made in accordance with

subdivision three-a, 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.

b. for wagers placed at off-track betting branch offices on

out-of-state tracks where such simulcasting is not conducted, in

accordance with section five hundred thirty-two of this chapter.

c. 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 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:

(1) fifty percent shall be used exclusively for purses awarded in

races conducted by such licensed facility; and

(2) fifty percent shall be retained by such licensed facility for its

general purposes.

5. Nothing in this section shall be construed to prohibit the

accepting 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.