N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1016: Simulcasting of out-of-state thoroughbred races 1

§ 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-seven. 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 that are conducting racing programs and every

simulcasting facility licensed in accordance with sections one thousand

eight and one thousand nine of this article that 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,

may be required by another jurisdiction 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 as

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

chapter.

(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

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

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

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

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

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

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 subdivision one of section one

hundred thirty-six of this chapter 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

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

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.