§ 1016 — Simulcasting of out-of-state thoroughbred races 1

§ 1016. 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 not conducting a race\nmeeting in Saratoga county at Saratoga thoroughbred racetrack until June\nthirtieth, two thousand twenty-six. Every off-track betting corporation\nbranch office and every simulcasting facility licensed in accordance\nwith section one thousand seven that have entered into a written\nagreement with such facility's representative horsemen's organization as\napproved by the commission, one thousand eight or one thousand nine of\nthis article shall be authorized to accept wagers and display the live\nfull-card simulcast signal of thoroughbred tracks (which may include\nquarter horse or mixed meetings provided that all such wagering on such\nraces shall be construed to be thoroughbred races) located in another\nstate or foreign country, subject to the following provisions; provided,\nhowever, no such written agreement shall be required of a franchised\ncorporation licensed in accordance with section one thousand seven of\nthis article:\n a. Each off-track betting branch office accepting wagers on an\nout-of-state track shall accept wagers on races run at all in-state\nthoroughbred tracks which are conducting racing programs and every\nsimulcasting facility licensed in accordance with sections one thousand\neight and one thousand nine of this article which is accepting wagers\nand displaying the simulcast signal from an out-of-state track shall\nsimilarly accept wagers and display the signal from all in-state\nthoroughbred tracks conducting racing programs.\n b. 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, and less twenty-seven\npercent of the total deposits in pools resulting from super exotic bets,\nplus the breaks as defined in section two hundred thirty-six of this\nchapter except that the retention rates and breaks shall be as\nprescribed by another state or country if such wagers are combined with\nthose in the other state or country pursuant to section nine hundred\nfive of this chapter.\n (1) Of the sums so retained, the applicable tax rates shall be as\ngoverned by clauses (A) and (B) of subparagraphs three, four, five and\nsix of this paragraph plus fifty percent of the breaks; provided,\nhowever, fifty percent of the breaks accruing from off-track betting\ncorporations licensed in accordance with section one thousand eight of\nthis article and from simulcast theaters licensed in accordance with\nsection 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) (A) 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 (B) Any harness racing or association or corporation or thoroughbred\nracing corporation authorized pursuant to this section shall pay to the\ncommission as a regulatory fee, which fee is hereby levied, six-tenths\nof one percent of the total daily pari-mutuel pools.\n (3) Distribution of wagers placed on the initial out-of-state\nthoroughbred track at facilities licensed in accordance with sections\none thousand eight and one thousand nine of this article.\n (A) Of the sums so retained on days when a franchised corporation is\nnot conducting a race meeting within the state and a thoroughbred racing\ncorporation is conducting a race meeting\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 1.50 1.50 1.50 1.50\nNon-franchised\nThoroughbred Racing\ncorporation 0.50 0.50 0.50 0.50\nNon-franchised\nThoroughbred Racing\ncorporation payments to purses 1.50 2.00 1.50 2.00\nFranchised corporation 0.50 0.50 0.50 0.50\nFranchised corporation\npayments to purses 2.00 2.00 2.50 4.00\n (B) Of the sums so retained on days when a franchised corporation is\nconducting a race meeting within the state\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 1.00 1.00 1.00 1.00\nNon-franchised\nThoroughbred Racing\ncorporation 0.50 0.50 0.50 0.00\nNon-franchised\nThoroughbred Racing\ncorporation payments to purses 0.50 0.50 0.50 0.50\nFranchised corporation 2.00 1.50 1.50 2.00\nFranchised corporation\npayments to purses 2.00 3.00 3.00 5.00\n (C) Payments to purses as required under clauses (A) and (B) of this\nsubparagraph shall be paid to the thoroughbred racing corporation to be\nused exclusively for the purpose of increasing purses, including stakes,\npremiums and prizes.\n (4) Distribution of wagers placed on other than the initial\nout-of-state thoroughbred track at facilities licensed in accordance\nwith sections one thousand eight and one thousand nine of this article.\n (A) Of the sums so retained on days when a franchised corporation is\nnot conducting a race meeting within the state and a thoroughbred racing\ncorporation is conducting a race meeting\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 1.00 1.00 1.00 1.00\nNon-franchised\nThoroughbred Racing 2.00 2.00 2.00 2.50\ncorporation payments to purses\nFranchised corporation 1.00 1.00 1.00 1.00\nFranchised corporation\npayments to purses 2.00 2.00 2.50 4.00\n (B) Of the sums so retained on days when a franchised corporation is\nconducting a race meeting within the state\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 0.50 0.50 0.50 0.50\nNon-franchised\nThoroughbred racing 0.50 0.25 0.50 0.50\ncorporation\nNon-franchised\nThoroughbred racing 0.50 0.25 0.50 0.50\ncorporation payments to purses\nFranchised corporation 2.25 2.25 2.00 2.50\nFranchised corporation\npayments to purses 2.25 3.25 3.00 4.50\n (C) Payments to purses as required under clauses (A) and (B) of this\nsubparagraph shall be paid to the thoroughbred racing corporation or to\nthe franchised corporation to be used exclusively for the purpose of\nincreasing purses, including stakes, premiums and prizes.\n (D) On days when no thoroughbred track is conducting a race meeting,\nfacilities licensed in accordance with sections one thousand eight and\none thousand nine of this article are authorized to accept the simulcast\nsignal from more than two out-of-state thoroughbred tracks. The\ndistribution of wagers on such out-of-state thoroughbred track or tracks\nshall be in accordance with clause (B) of this subparagraph.\n (5) Distribution of wagers placed on the initial out-of-state\nthoroughbred track at facilities licensed in accordance with section one\nthousand seven of this article.\n (A) Of the sums so retained on days when a franchised corporation is\nnot conducting a race meeting within the state and a thoroughbred racing\ncorporation is conducting a race meeting\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 1.50 1.50 1.50 1.50\nNon-franchised\nThoroughbred racing 0.25 0.25 0.25 0.50\ncorporation\nNon-franchised\nThoroughbred racing 0.75 1.00 0.75 1.00\ncorporation payments to purses\nFranchised corporation 0.25 0.25 0.25 0.25\nFranchised corporation\npayments to purses 1.00 1.00 2.25 2.00\n (B) Of the sums so retained on days when a franchised corporation is\nconducting a race meeting within the state\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 1.00 1.00 1.00 1.00\nNon-franchised\nThoroughbred racing\ncorporation 0.25 0.25 0.25 0.25\nNon-franchised\nThoroughbred racing\ncorporation payments to purses 0.25 0.25 0.25 0.25\nFranchised corporation 1.00 0.75 0.75 1.00\nFranchised corporation\npayments to purses 1.00 1.50 1.50 2.50\n (C) Payments to purses as required under clauses (A) and (B) of this\nsubparagraph shall be paid to a thoroughbred racing corporation to be\nused exclusively for the purpose of increasing purses, including stakes,\npremiums and prizes.\n (D) For wagers placed at a thoroughbred racing corporation the state\ntax shall be the amounts specified in clauses (A) and (B) of this\nsubparagraph and retention thereafter shall be identical to sums\nretained for each type of on-track wager.\n (E) On days when a franchised corporation is not conducting a race\nmeeting and when a licensed harness track is neither accepting wagers\nnor displaying the signal from an in-state thoroughbred corporation or\nassociation or an out-of-state thoroughbred track:\n (i) Such licensed regional harness track shall receive in lieu of any\nother payments on wagers placed at off-track betting facilities outside\nthe special betting district on races conducted by an in-state\nthoroughbred racing corporation, two and eight-tenths percent on regular\nand multiple bets during a regional meeting and one and nine-tenths\npercent of such bets if there is no regional meeting and four and\neight-tenths percent on exotic bets on days on which there is a regional\nmeeting and three and four-tenths percent of such bets if there is no\nregional meeting.\n (ii) Such licensed regional harness track shall receive one and\none-half percent on total regional handle on races conducted at\nout-of-state or out-of-country thoroughbred tracks.\n (iii) In those regions in which there is more than one licensed\nregional harness track, if no track is accepting wagers or displaying\nthe live simulcast signal from the out-of-state track, the total sum\nshall be divided among the tracks in proportion to the ratio the wagers\nplaced on races conducted by each track bears to the corporation's total\nin-region harness handle. If one or more tracks are accepting wagers or\ndisplaying the live simulcast signal, the total amount shall be divided\namong those tracks not accepting wagers or displaying the simulcast\nsignal for an out-of-state track or in-state thoroughbred corporation or\nassociation.\n (F) Of the sums retained by a licensed harness facility, fifty percent\nshall be used exclusively for purses awarded in races conducted by such\nlicensed facility and the remaining fifty percent shall be retained by\nsuch licensed facility for its general purposes, provided, however, that\nin a harness special betting district the portion of the sums retained\nby a licensed harness facility to be used for purses or the methodology\nfor calculating the amount to be used for purses may be specified in a\nwritten contract between a harness racing association or corporation and\nits representative horsemen's association.\n (6) Distribution of wagers placed on other than the initial\nout-of-state thoroughbred track at facilities licensed in accordance\nwith section one thousand seven of this article.\n (A) Of the sums so retained on days when a franchised corporation is\nnot conducting a race meeting within the state and a thoroughbred racing\ncorporation is conducting a race meeting\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 1.00 1.00 1.00 1.00\nNon-franchised\nThoroughbred Racing\ncorporation payments to purses 1.00 1.00 1.00 1.25\nFranchised corporation 0.50 0.50 0.50 0.50\nFranchised corporation\npayments to purses 1.00 1.00 1.25 2.00\n (B) Of the sums so retained on days when a franchised corporation is\nconducting a race meeting within the state\n Super-\n Regular Multiple Exotic exotic\n bets bets bets bets\nState Tax 0.50 0.50 0.50 0.50\nNon-franchised\nThoroughbred Racing\ncorporation 0.25 0.25 0.25 0.25\nNon-franchised\nThoroughbred Racing\ncorporation payments to purses 0.25 0.25 0.25 0.25\nFranchised corporation 1.25 1.25 1.00 1.25\nFranchised corporation\npayments to purses 1.25 2.00 1.50 2.25\n (C) Payments to purses as required under clauses (A) and (B) of this\nsubparagraph shall be paid to a thoroughbred racing corporation or to\nthe franchised corporation to be used exclusively for the purpose of\nincreasing purses, including stakes, premiums and prizes.\n (D) For wagers placed at a franchised corporation or a thoroughbred\nracing corporation the state tax shall be the amounts specified in\nclauses (A) and (B) of this subparagraph and retention thereafter shall\nbe identical to sums retained for each type of on-track wager.\n (E) On days when no thoroughbred track is conducting a race meeting,\nfacilities licensed in accordance with section one thousand seven of\nthis article are authorized to accept the simulcast signal from\nout-of-state thoroughbred tracks. The distribution of wagers on such\nout-of-state thoroughbred track or tracks shall be in accordance with\nclause (B) of this subparagraph.\n (F) On days when a franchised corporation is not conducting a race\nmeeting and when a licensed harness track is neither accepting wagers\nnor displaying the signal from an in-state thoroughbred corporation or\nassociation or an out-of-state thoroughbred track:\n (i) Such licensed regional harness track shall receive in lieu of any\nother payments on wagers placed at off-track betting facilities outside\nthe special betting district on races conducted by an in-state\nthoroughbred racing corporation, two and eight-tenths percent on regular\nand multiple bets during a regional meeting and one and nine-tenths\npercent of such bets if there is no regional meeting and four and\neight-tenths percent on exotic bets on days on which there is a regional\nmeeting and three and four-tenths percent of such bets if there is no\nregional meeting.\n (ii) Such licensed regional harness track shall receive one and\none-half percent on total regional handle on races conducted at\nout-of-state or out-of-country thoroughbred tracks.\n (iii) In those regions in which there is more than one licensed\nregional harness track, if no track is accepting wagers or displaying\nthe live simulcast signal from the out-of-state track, the total sum\nshall be divided among the tracks in proportion to the ratio the wagers\nplaced on races conducted by each track bears to the corporation's total\nin-region harness handle. If one or more tracks are accepting wagers or\ndisplaying the live simulcast signal, the total amount shall be divided\namong those tracks not accepting wagers or displaying the simulcast\nsignal for an out-of-state track or in-state thoroughbred corporation.\n (G) Of the sums retained by a licensed harness facility, fifty percent\nshall be used exclusively for purses awarded in races conducted by such\nlicensed facility and the remaining fifty percent shall be retained by\nsuch licensed facility for its general purposes, provided, however, that\nin a harness special betting district the portion of the sums retained\nby a licensed harness facility to be used for purses or the methodology\nfor calculating the amount to be used for purses may be specified in a\nwritten contract between a harness racing association or corporation and\nits representative horsemen's association.\n c. (1) All wagers authorized by this section shall be combined so as\nto produce common pari-mutuel betting pools, which shall be combined\nwith the sending track, for the calculation of odds and the\ndetermination of payouts from such pools, which payouts shall be made\npursuant to the rules of the commission. Every location authorized to\naccept wagers or display simulcasting pursuant to this section shall be\nsubject 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. Facilities located in such special betting district\nmay display the simulcast signal with the permission of the thoroughbred\ntrack located in such district or if such track displays the signal from\nan out-of-state or out-of-country track.\n d. 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 that\napplies 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 (A) fifty percent shall be used exclusively for purses awarded in\nraces conducted by such licensed facility; and\n (B) fifty percent shall be retained by such licensed facility for its\ngeneral purposes.\n e. 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 2. The provisions of this section shall not be effective, nor shall\nany out-of-state simulcast signal or wagers thereon be permitted to be\naccepted pursuant to this section by any off-track betting corporation\nin this state during the dates set forth in subdivision one of this\nsection until the following conditions are met and are in full force and\neffect:\n a. New York city off-track betting corporation has a written\ncontractual agreement with an in-state thoroughbred racing corporation,\nguaranteeing said in-state thoroughbred racing corporation the same\ndisplay of its signal as any out-of-state track displayed under this\nsection during the dates and time periods delineated herein, including\nthe display of said signal at least five days per week under section one\nthousand three of this article, commonly known as the in-home\nsimulcasting experiment; provided said corporation's signal is made\navailable five days per week;\n b. Said written contractual agreement shall not provide for\nremuneration and shall be separate and apart from any existing statutory\nprovision, current agreement, or future agreement, regarding\nremuneration of the in-state thoroughbred racing corporation by New York\ncity off-track betting corporation for its simulcast signal, and shall\ncontain a clause providing for enforcement of the contractual agreement\nin a court of general jurisdiction with the power to grant equitable\nand/or injunctive relief;\n c. Said written agreement shall contain a clause providing for\ninjunctive relief and/or liquidated damages if said contract is breached\nby either party;\n d. Upon a decision, ruling or order by a court of general jurisdiction\nthat said contract has been breached, no out-of-state simulcasting shall\nbe permitted under the provisions of this section until renewal of said\ncontract or a new contract containing the requirements herein is\nexecuted; and\n e. Provided further, that if New York city off-track betting\ncorporation shall cease to display the signal of an out-of-state track\nthrough in-home simulcasting pursuant to section one thousand three of\nthis article, nothing herein shall prohibit any off-track corporation\nfrom displaying the out-of-state signal in its parlors and teletheaters\nso long as the signal of an in-state thoroughbred racing corporation is\ndisplayed on an equal number of screens.\n