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

§ 1015. Simulcasting of races run by out-of-state harness tracks. 1.\nThe provisions of this section shall govern the simulcasting of races\nconducted at harness tracks located in another state or country during\nthe period July first, nineteen hundred ninety-four through June\nthirtieth, two thousand twenty-six. This section shall supersede all\ninconsistent provisions of this chapter.\n 2. Harness racing associations or corporations subject to a written\nagreement with such association's or corporation's representative\nhorsemen's association and off-track betting facilities are hereby\nauthorized to accept wagers and display the signal of out-of-state\nharness tracks provided that:\n a. the payments to the out-of-state track for accepting wagers and\ndisplaying the live simulcast signals of these races shall not exceed\ntwo percent of total handle for facilities licensed in accordance with\nsection one thousand eight and one thousand nine of this chapter and\nthree percent of total handle for those facilities licensed in\naccordance with section one thousand seven of this chapter.\n b. all off-track betting branches are permitted to accept such wagers\nand that all simulcast facilities licensed in accordance with sections\none thousand eight and one thousand nine of this article are permitted\nto display the live simulcast signal under the same terms and conditions\nas facilities licensed in accordance with section one thousand seven of\nthis article;\n c. on any day on which a harness track is conducting a racing program,\nit shall offer its signal to all off-track betting facilities authorized\nto receive such signals under terms and conditions no less favorable\nthan those in effect on March thirty-first, nineteen hundred\nninety-three; and that in addition to any out-of-state simulcasting\nprogram, the track shall accept wagers and display the signal from at\nleast one in-state harness track;\n d. on any day on which a harness association or corporation is not\nconducting a racing program, it shall accept the signal from not fewer\nthan two in-state harness tracks conducting a program except this\nrequirement may be waived by the written consent of those harness tracks\nconducting the race meeting;\n e. every off-track betting branch office and simulcast facility\nlicensed in accordance with sections one thousand eight and one thousand\nnine of this article, as a condition to accepting out-of-state wagers\nand displaying the live simulcast signal of such races, shall accept\nwagers and display the simulcast signal of its regional harness track at\nall locations at which out-of-state wagers are accepted or the signal\ndisplayed. If the regional harness track is not conducting a race\nmeeting but another harness association in the state is conducting a\nmeeting, the off-track betting facilities as a condition of accepting\nout-of-state wagers shall accept wagers and display the signal from at\nleast one in-state harness track;\n f. No off-track betting facility shall accept wagers or display the\nsimulcast signal from an out-of-state harness track without an agreement\nwith the regional track, provided, however, that off-track betting\nfacilities shall have the right to display any simulcast signal\ndisplayed by a regional harness track and any such agreement shall not\nunreasonably be withheld.\n 3. 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 any tickets therein provided such tickets are presented for\npayment prior to April first of the year following the year of their\npurchase less nineteen percent of total deposits in pools resulting from\nregular bets, less twenty-one percent of total deposits of pools\nresulting from multiple bets, less twenty-seven percent of total\ndeposits of pools resulting from exotic bets, less thirty-six percent of\ntotal deposits of pools resulting from super exotic bets plus the breaks\nas defined in section three hundred eighteen of this chapter except that\nthe retention rates and breaks shall be as prescribed by another state\nor country if such wagers are combined with those in the other state or\ncountry pursuant to section nine hundred five of this chapter.\n a. Distribution of retained commissions for all licensed harness\ntracks shall be in accordance with article three of this chapter.\n b. For off-track betting facilities, (1) of the sums so retained, the\napplicable tax rate shall be one percent of all such wagers;\n (2) of the sum so retained, one percent of all wagers shall be paid to\nthe New York state agricultural and horse breeding and development fund;\n (3) of the sum so retained, five percent shall be paid to the regional\nlicensed harness track to be distributed in the same manner as though\nsuch payments were on races conducted at such track;\n (4) of the sum so retained, an additional one percent of all wagers\nshall be paid to the regional licensed harness track for the purpose of\nincreasing purses.\n c. In those regions in which there is more than one regional licensed\nharness track, the payments required under subparagraphs three and four\nof paragraph b of this subdivision shall be made to the regional track\nconducting a meet on the day out-of-state simulcasting occurs. If either\nno track is conducting a meet, or more than one track is conducting a\nmeet, the distribution shall be made in the proportion that each track's\nhandle bore to the total regional licensed harness track handle during\nthe preceding calendar month or in accordance with a contractual\nagreement between the regional tracks and the off-track betting\ncorporation.\n d. For wagers placed at an off-track betting facility in that portion\nof the western region located with a thoroughbred special betting\ndistrict, but not included in a harness special betting district, one\nand one-half percent of such wagers shall be paid to the racing\nassociation located in such district provided such association is\nneither accepting wagers nor simulcasting out-of-state harness races.\nAny payments required by this subdivision shall reduce payments required\nto be made to the regional licensed harness track under the provisions\nof subparagraph three of paragraph b of this subdivision.\n e. 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 4. The provisions of section five hundred thirty-two of this chapter\nshall apply as follows:\n a. for all wagers placed at facilities licensed to receive such\nout-of-state simulcasts in accordance with section one thousand eight of\nthis article, distribution shall first be made in accordance with\nsubdivision three-a, 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 b. for wagers placed at off-track betting branch offices on\nout-of-state tracks where such simulcasting is not conducted, in\naccordance with section five hundred thirty-two of this chapter.\n c. 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 that shall\napply 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 (1) fifty percent shall be used exclusively for purses awarded in\nraces conducted by such licensed facility; and\n (2) fifty percent shall be retained by such licensed facility for its\ngeneral purposes.\n 5. Nothing in this section shall be construed to prohibit the\naccepting 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