§ 1014 — Simulcasting of out-of-state thoroughbred races

§ 1014. Simulcasting of out-of-state thoroughbred races. 1. The\nprovisions of this section shall govern the simulcasting of races\nconducted at thoroughbred tracks located in another state or country on\nany day during which a franchised corporation is conducting a race\nmeeting in Saratoga county at Saratoga thoroughbred racetrack until June\nthirtieth, two thousand twenty-six and on any day regardless of whether\nor not a franchised corporation is conducting a race meeting in Saratoga\ncounty at Saratoga thoroughbred racetrack after June thirtieth, two\nthousand twenty-six. On any day on which a franchised corporation has\nnot scheduled a racing program but a thoroughbred racing corporation\nlocated within the state is conducting racing, each off-track betting\ncorporation branch office and each simulcasting facility licensed in\naccordance with section one thousand seven (that has entered into a\nwritten agreement with such facility's representative horsemen's\norganization, as approved by the commission), one thousand eight, or one\nthousand nine of this article shall be authorized to accept wagers and\ndisplay the live simulcast signal from thoroughbred tracks located in\nanother state or foreign country subject to the following provisions:\n a. Each off-track betting branch office accepting wagers on an\nout-of-state track shall accept wagers on races run at the in-state\ntrack and every simulcasting facility licensed in accordance with\nsections one thousand seven, one thousand eight and one thousand nine of\nthis article which is accepting wagers and displaying the simulcast\nsignal from an out-of-state track shall similarly accept wagers and\ndisplay the signal from the in-state track.\n b. Simulcasting facilities shall be authorized to accept wagers and\ndisplay the live simulcast signal from out-of-state thoroughbred tracks.\n c. If a regional harness track is conducting racing on a day on which\nout-of-state simulcasting is authorized, the off-track betting\ncorporation shall be required to accept wagers and display the live\nsimulcast signal of such races provided the terms and conditions for\naccepting such signal are no less favorable than those in effect on\nApril first, nineteen hundred ninety-three.\n d. Each off-track betting corporation shall determine the average\ndaily handle on the in-state thoroughbred corporation, the average daily\nhandle from out-of-state tracks and the average total daily payment made\nto the in-state thoroughbred track on each day from April first,\nnineteen hundred ninety-three through December thirty-first, nineteen\nhundred ninety-three on which the off-track betting corporation accepted\nwagers on races conducted at such track and races conducted on an\nout-of-state track on a day on which no scheduled races were conducted\nby a franchised corporation. This calculation shall be provided to the\ncommission and the chief executive officers of the in-state thoroughbred\ntrack and the horsemen's organization. If there is a dispute as to the\namount of such calculations, written documentation from the off-track\nbetting corporation and the track, shall be supplied to the commission\nwhich shall make a determination of the correct amounts, which\ndetermination shall be final and binding on all parties.\n e. An amount equal to the calculated number shall be determined to be\nthe amount payable to the in-state thoroughbred racing corporation as\nthough such number were calculated on actual handle, using the payment\nschedules, including distribution to purses, of article five-A and\narticle ten of this chapter provided such track conducts a program of\nracing equivalent in racing dates and wagering opportunities to the\nnineteen hundred ninety-three program.\n f. The amount shall be distributed in accordance with the provisions\nof this section. The commission shall determine the amount of and dates\nof such payments, which dates shall, as far as practicable, reflect the\npayments made to such track during the comparable period of nineteen\nhundred ninety-three.\n g. (1) At the conclusion of the thoroughbred track corporation's\nnineteen hundred ninety-four racing season or as shortly thereafter as\npossible but not later than December twentieth, nineteen hundred\nninety-four, the off-track betting corporations and the commission shall\ndetermine the average daily handle for the in-state thoroughbred racing\ncorporation and the average daily handle for races conducted at\nout-of-state or out-of-country tracks. If average daily handle for any\noff-track betting corporation exceeds by ten percent the average daily\nhandle as calculated in paragraph d of this subdivision, such off-track\nbetting corporation shall pay to the in-state thoroughbred racing\ncorporation an amount calculated by multiplying the average daily handle\nin excess of one hundred ten percent of the average daily handle of\nnineteen hundred ninety-three by the effective commission rate paid by\nsuch corporation in nineteen hundred ninety-three. Such calculation\nshall be computed separately for handle on in-state tracks and handle on\nout-of-state tracks.\n (2) For purposes of this section, the effective commission rate shall\nbe determined by dividing the total commission paid by the total handle\nrounded to the nearest hundredth.\n (3) For purposes of this chapter, total and average daily handle shall\nhave the same meaning as total and average daily wagers or bets.\n h. (1) Licensed harness tracks shall receive in lieu of any other\npayments on wagers placed at off-track betting facilities outside the\nspecial betting district on races conducted by an in-state thoroughbred\nracing corporation, two and eight-tenths percent on regular and multiple\nbets during a regional meeting and one and nine-tenths percent of such\nbets if there is no regional meeting and four and eight-tenths percent\non exotic bets on days on which there is a regional meeting and three\nand four-tenths percent of such bets if there is no regional meeting.\n (2) (i) In addition, licensed harness tracks shall receive one and\none-half percent on total handle on races conducted at an out-of-state\nor out-of-country thoroughbred track provided such harness track is\nneither accepting wagers nor displaying the signal from an out-of-state\ntrack.\n (ii) In those regions in which there is more than one licensed harness\ntrack, if no track is accepting wagers or displaying the live simulcast\nsignal from the out-of-state track, the total sum shall be divided among\nthe tracks in proportion to the ratio the wagers placed on races\nconducted by each track bears to the corporation's total in-region\nharness handle. If one or more tracks are accepting wagers or displaying\nthe live simulcast signal, the total amount shall be divided among those\ntracks not accepting wagers or displaying the simulcast signal for an\nout-of-state track.\n (3) The terms used in this section shall have the same applicability\nand meaning as interpreted and applied in sections five hundred\ntwenty-three and five hundred twenty-seven of this chapter.\n i. Any facility authorized to accept wagers on out-of-state tracks\nshall distribute all sums deposited in any pari-mutuel pool to the\nholders of winning tickets therein, provided such tickets are presented\nfor payment prior to April first of the year following the year of their\npurchase less eighteen percent of the total deposits in pools resulting\nfrom regular bets, less twenty-one percent of the total deposits in\npools resulting from multiple bets, less twenty-six percent of the total\ndeposits in pools resulting from exotic bets, less thirty-six percent of\nthe total deposits in pools resulting from super exotic bets plus the\nbreaks as defined in section two hundred thirty-six of this chapter\nexcept that the retention rates and breaks shall be as prescribed by\nanother state or country if such wagers are combined with those in the\nother state or country pursuant to section nine hundred five of this\nchapter.\n (1) Of the sum so retained, the applicable tax rate shall be one and\none-half percent of all such wagers plus fifty percent of the breaks;\nprovided, however, fifty percent of the breaks accruing from off-track\nbetting corporations licensed in accordance with section one thousand\neight of this article and from simulcast theaters licensed in accordance\nwith section one thousand nine of this article, shall be paid to the\nagriculture and New York state horse breeding and development fund and\nto the thoroughbred breeding and development fund, the total of such\npayments to be apportioned fifty percent to each such fund.\n (2) Of the sums so retained, one-half of one percent of all wagers\nshall be paid to the New York state thoroughbred breeding and\ndevelopment fund, except that of the sums so retained on such wagers at\nlicensed harness tracks, one-half of one percent shall be paid to the\nagricultural and New York State horse breeding and development fund.\n (3) Of the sum so retained, two percent of all wagers shall be paid to\na franchised corporation to be used exclusively for the purpose of\nincreasing purses, including stakes, premiums and prizes, provided\nfurther that such amount shall not exceed the amount paid to such\nnon-profit racing association in nineteen hundred ninety-three from\nwagers placed on out-of-state tracks on a day when no racing was being\nconducted by the non-profit racing association and a racing program was\nbeing conducted by a thoroughbred racing corporation located in the\nstate. The excess, if any, shall be paid to a thoroughbred racing\ncorporation located in the state until August thirty-first, nineteen\nhundred ninety-five and on and after July nineteen, nineteen hundred\nninety-six to be used exclusively for the purpose of increasing purses,\nincluding stakes, premiums and prizes.\n (4) Any thoroughbred racing corporation or harness racing association\nor corporation or off-track betting corporation authorized pursuant to\nthis section shall pay to the commission as a regulatory fee, which fee\nis hereby levied, six-tenths of one percent of all wagering pools.\n j. (1) All wagers authorized by this section shall be combined so as\nto produce common pari-mutuel betting pools for the calculation of odds\nand the determination of payouts from such pools, which payouts shall be\nmade pursuant to the rules of the commission. Every location authorized\nto accept wagers or display simulcasting pursuant to this section shall\nbe subject to all appropriate provisions of this chapter.\n (2) Every regional off-track betting corporation may simulcast all\nout-of-state races authorized by this section at any licensed simulcast\nfacility except for those facilities located in a thoroughbred special\nbetting district.\n Facilities located in such special betting district may display the\nsimulcast signal with the permission of the thoroughbred track located\nin such district or if such track displays the signal from an\nout-of-state or out-of-country track.\n k. The provisions of section five hundred thirty-two of this chapter\nshall apply as follows:\n (1) for all wagers placed at facilities licensed to receive such\nout-of-state or out-of-country simulcasts in accordance with section one\nthousand eight of this article, distribution shall first be made in\naccordance with subdivision three-a of section five hundred thirty-two\nof this chapter, and then fifty percent of the remaining amount in\naccordance with paragraph a of subdivision three of section five hundred\nthirty-two of this chapter and the other fifty percent shall be retained\nby such operator for its general purpose.\n (2) upon application of any facility licensed in accordance with\nsections one thousand seven and one thousand nine of this article, the\ncommission shall authorize the imposition of a sum equal to the amount\nauthorized by section five hundred thirty-two of this chapter which\nshall apply to wagers placed at such facility. Such sums received by\nfacilities licensed in accordance with section one thousand nine of this\narticle shall be retained for the general purpose of the corporation.\nSuch sums received by such facilities licensed in accordance with\nsection one thousand seven of this article shall be distributed as\nfollows:\n (i) fifty percent shall be used exclusively for purses awarded in\nraces conducted by such licensed facility; and\n (ii) fifty percent shall be retained by such licensed facility for its\ngeneral purposes.\n 2. Nothing in this section shall be construed to prohibit the\nacceptance of wagers on races conducted at out-of-state tracks without\nthe display of the live simulcast signal if authorized under any other\nprovision of this chapter.\n