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