N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 532: Surcharge on off-track winnings; disposition of revenues

§ 532. Surcharge on off-track winnings; disposition of revenues. 1.

Notwithstanding any other provision of law, each regional off-track

betting corporation, or off-track betting operator, including the New

York city off-track betting corporation, conducting off-track betting

shall impose a surcharge of five percent on the portion of pari-mutuel

wagering pools distributable to persons having placed bets at off-track

betting facilities located within such region. The revenues derived from

such surcharge shall be held separate and apart from any amounts

otherwise authorized to be retained from pari-mutuel pools. Such

surcharge is hereby levied subject to the conditions set forth in this

subdivision and article ten of this chapter.

3. The revenues received from any surcharge imposed by subdivision one

of this section shall be distributed monthly, as follows:

a. fifty percent to such city, or to the counties and cities entitled

to receive revenues from the regional corporation pursuant to section

five hundred sixteen of this chapter and in the same proportion as

provided therein, or to an off-track betting operator; and

b. the balance as follows:

(i) where the track conducting the race on which the bet was placed is

located within a city with a population in excess of one hundred

thousand, to such city;

(ii) where the track conducting the race on which the bet was placed

is not located within a city with a population in excess of one hundred

thousand, to the county in which such track is located;

(iii) where the track conducting the race on which the bet was placed

is located partially within a city with a population in excess of one

million and partially within a county, twenty-five percent of such

balance to the city and the remainder to the county;

(iv) where the track conducting the race on which the bet was placed

is located outside the state, in the same manner as described in

paragraph a of this subdivision;

(v) where the track conducting the race is located in a thoroughbred

special betting district and is simulcasting pursuant to section one

thousand eight of this chapter outside such special betting district,

ninety percent to the off-track betting operator and ten percent to the

county in which such track is located; and

(vi) for the period of September first, two thousand twenty-two until

August thirty-first, two thousand twenty-seven and where the track

conducting the race on which the bet was placed is a harness track

located in the county of Erie, to such track.

3-a. Such five percent surcharge herein provided is hereby increased

by a supplemental one percent surcharge on the portion of pari-mutuel

wagering pools of multiple, exotic and super exotic bets distributable

to persons having placed bets at off-track betting facilities to be

distributed in accordance with the provisions of section five hundred

nine-a or six hundred nine-a of this chapter, whichever may be

applicable to the corporation with which such bets originated.

4. The commission shall issue regulations providing for monthly

distribution to cities and counties of the revenues received under this

section, through the regional off-track betting corporation in which

such cities or counties are located; provided, however, in the event

that such cities or counties otherwise entitled to receive such revenues

are not participating cities or counties with a regional off-track

betting corporation then such monthly distributions shall be payable

directly to such cities or counties. Regional off-track betting

corporations that receive payments under this subdivision shall

distribute such payments to appropriate participating cities and

counties within three business days following receipt of such payments.

The commission shall also provide for periodic reports by regional

off-track betting corporations to ensure that the purposes of this

section are carried out.

5. Notwithstanding any other provision of law, moneys distributable to

the county of Saratoga pursuant to subparagraph (ii) of paragraph b of

subdivision three of this section shall be distributed as follows:

a. The first one million six hundred fifty-eight thousand one hundred

fifty-four dollars and sixty-four cents of distributable revenues shall

be paid to the county of Saratoga.

b. The next three hundred twenty-two thousand nine hundred fourteen

dollars and twenty-one cents of distributable revenues shall be paid to

the city of Saratoga.

c. If any surplus moneys are available after the payments are made

pursuant to paragraphs a and b of this subdivision such surplus moneys

shall be paid as follows:

(i) 83.7% of such surplus shall be paid to the county of Saratoga.

(ii) 16.3% of such surplus shall be paid to the city of Saratoga.

Upon the release of the federal census figures for the census

conducted in nineteen hundred eighty, the allocation of such revenues

shall be apportioned between the county of Saratoga and the city of

Saratoga and shall be determined by the percentages of the total

population of the county of Saratoga and the city of Saratoga in

relation to each other.

6. Notwithstanding any provision herein or in section one thousand

nine of this chapter to the contrary where the track conducting the race

is a thoroughbred track located in the Catskill region conducting a

mixed meeting such surcharge shall be collected on all wagers placed in

branch offices or simulcast theaters of a regional off-track betting

corporation. The revenues received from any such surcharge imposed in

accordance with this section shall be distributed monthly as follows:

a. one-fifth to the county in which such track is located;

b. three-fifths to a regional track located in the region in which the

bet is placed in accordance with provisions of section five hundred

twenty-seven of this article, one-half thereof to be used for purses at

such regional track, except that in any region containing two or more

regional tracks such tracks shall be entitled to an equal share;

c. one-fifth to be retained by the off-track betting operator with

whom such bet originated as operating revenues.

7. Notwithstanding any other provision of this section, any payments

otherwise payable to a city with a population of one million or more,

pursuant to this section, other than payments pursuant to subparagraphs

(i) and (iii) of paragraph b of subdivision three of this section, shall

be payable to the corporation and shall be available for its corporate

purposes.