§ 1017 — Out-of-state or out-of-country races

§ 1017. Out-of-state or out-of-country races. 1. Licensed simulcast\nfacilities may accept wagers and display the signal of out-of-state or\nout-of-country thoroughbred tracks after 7:30 P.M. in accordance with\nthe provisions of this section. Such simulcasting may include mixed\nmeetings if such meetings are integral to such racing programs and all\nsuch wagering on such races shall be construed to be thoroughbred races.\nFor facilities located within the special betting district, such\napproval shall also be required from a thoroughbred racing corporation\nduring the period a racing program is being conducted at such track.\nSuch approval shall not be required on any day such thoroughbred racing\ncorporation is also accepting an out-of-state or out-of-country signal\nand wager, as authorized by this section. The provisions of section one\nthousand sixteen of this article shall be applicable to the conduct of\nsuch simulcasting and the provisions of clauses (A) and (B) of\nsubparagraph four of paragraph b of subdivision one of section one\nthousand sixteen of this article shall apply to those facilities\nlicensed in accordance with sections one thousand eight and one thousand\nnine of this article and the provisions of clauses (A) and (B) of\nsubparagraph six of paragraph b of subdivision one of section one\nthousand sixteen of this article shall apply to those facilities\nlicensed in accordance with section one thousand seven of this article,\nwhen such provisions are in full force and effect pursuant to such\nsection. Provided, however, the provisions of section one thousand\nfourteen of this article shall be applicable to the conduct of such\nsimulcasting, when such provisions are in full force and effect pursuant\nto such section.\n 2. a. Maintenance of effort. Any off-track betting corporation that\nengages in accepting wagers on the simulcasts of thoroughbred races from\nout-of-state or out-of-country as permitted under subdivision one of\nthis section shall submit to the commission, for its approval, a\nschedule of payments to be made in any year or portion thereof, that\nsuch off-track corporation engages in nighttime thoroughbred\nsimulcasting. In order to be approved by the commission, the payment\nschedule shall be identical to the actual payments and distributions of\nsuch payments to tracks and purses made by such off-track corporation\npursuant to the provisions of section one thousand fifteen of this\narticle during the year two thousand two, as derived from out-of-state\nharness races displayed after 6:00 P.M. If approved by the commission,\nsuch scheduled payments shall be made from revenues derived from any\nsimulcasting conducted pursuant to this section and section one thousand\nfifteen of this article.\n b. Additional payments. During each calendar year, to the extent, and\nat such time in the event, that aggregate statewide wagering handle\nafter 7:30 P.M. on out-of-state and out-of-country thoroughbred races\nexceeds one hundred million dollars, each off-track betting corporation\nconducting such simulcasting shall pay to its regional harness track or\ntracks, an amount equal to two percent of its proportionate share of\nsuch excess handle. In any region where there are two or more regional\nharness tracks, such two percent shall be divided between or among the\ntracks in a proportion equal to the proportion of handle on live harness\nraces conducted at such tracks during the preceding calendar year. Fifty\npercent of the sum received by each track pursuant to this paragraph\nshall be used exclusively for increasing purses, stakes and prizes at\nthat regional harness track. For the purpose of determining whether such\naggregate statewide handle exceeds one hundred million dollars, all\nwagering on such thoroughbred races accepted by licensed\nmulti-jurisdictional account wagering providers from customers within\nNew York state shall be excluded.\n