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

§ 532. Surcharge on off-track winnings; disposition of revenues. 1.\nNotwithstanding any other provision of law, each regional off-track\nbetting corporation, or off-track betting operator, including the New\nYork city off-track betting corporation, conducting off-track betting\nshall impose a surcharge of five percent on the portion of pari-mutuel\nwagering pools distributable to persons having placed bets at off-track\nbetting facilities located within such region. The revenues derived from\nsuch surcharge, plus the breaks, shall be held separate and apart from\nany amounts otherwise authorized to be retained from pari-mutuel pools.\nSuch surcharge is hereby levied subject to the conditions set forth in\nthis subdivision and article ten of this chapter.\n 3. The revenues received from any surcharge imposed by subdivision one\nof this section, plus the breaks, shall be distributed monthly, as\nfollows:\n a. fifty percent to such city, or to the counties and cities entitled\nto receive revenues from the regional corporation pursuant to section\nfive hundred sixteen of this chapter and in the same proportion as\nprovided therein, or to an off-track betting operator; and\n b. the balance as follows:\n (i) where the track conducting the race on which the bet was placed is\nlocated within a city with a population in excess of one hundred\nthousand, to such city;\n (ii) where the track conducting the race on which the bet was placed\nis not located within a city with a population in excess of one hundred\nthousand, to the county in which such track is located;\n (iii) where the track conducting the race on which the bet was placed\nis located partially within a city with a population in excess of one\nmillion and partially within a county, twenty-five percent of such\nbalance to the city and the remainder to the county;\n (iv) where the track conducting the race on which the bet was placed\nis located outside the state, in the same manner as described in\nparagraph a of this subdivision;\n (v) where the track conducting the race is located in a thoroughbred\nspecial betting district and is simulcasting pursuant to section one\nthousand eight of this chapter outside such special betting district,\nninety percent to the off-track betting operator and ten percent to the\ncounty in which such track is located; and\n (vi) for the period of September first, two thousand twenty-two until\nAugust thirty-first, two thousand twenty-seven and where the track\nconducting the race on which the bet was placed is a harness track\nlocated in the county of Erie, to such track.\n 3-a. Such five per centum surcharge herein provided is hereby\nincreased by a supplemental one per centum surcharge on the portion of\npari-mutuel wagering pools of multiple, exotic and super exotic bets\ndistributable to persons having placed bets at off-track betting\nfacilities to be distributed in accordance with the provisions of\nsection five hundred nine-a or six hundred nine-a of this chapter,\nwhichever may be applicable to the corporation with which such bets\noriginated.\n 4. The commission shall issue regulations providing for monthly\ndistribution to cities and counties of the revenues received under this\nsection, through the regional off-track betting corporation in which\nsuch cities or counties are located; provided, however, in the event\nthat such cities or counties otherwise entitled to receive such revenues\nare not participating cities or counties with a regional off-track\nbetting corporation then such monthly distributions shall be payable\ndirectly to such cities or counties. Regional off-track betting\ncorporations that receive payments under this subdivision shall\ndistribute such payments to appropriate participating cities and\ncounties within three business days following receipt of such payments.\nThe commission shall also provide for periodic reports by regional\noff-track betting corporations to ensure that the purposes of this\nsection are carried out.\n 5. Notwithstanding any other provision of law, moneys distributable to\nthe county of Saratoga pursuant to subparagraph (ii) of paragraph b of\nsubdivision three of this section shall be distributed as follows:\n a. The first one million six hundred fifty-eight thousand one hundred\nfifty-four dollars and sixty-four cents of distributable revenues shall\nbe paid to the county of Saratoga.\n b. The next three hundred twenty-two thousand nine hundred fourteen\ndollars and twenty-one cents of distributable revenues shall be paid to\nthe city of Saratoga.\n c. If any surplus moneys are available after the payments are made\npursuant to paragraphs a and b of this subdivision such surplus moneys\nshall be paid as follows:\n (i) 83.7% of such surplus shall be paid to the county of Saratoga.\n (ii) 16.3% of such surplus shall be paid to the city of Saratoga.\n Upon the release of the federal census figures for the census\nconducted in nineteen hundred eighty, the allocation of such revenues\nshall be apportioned between the county of Saratoga and the city of\nSaratoga and shall be determined by the percentages of the total\npopulation of the county of Saratoga and the city of Saratoga in\nrelation to each other.\n 6. Notwithstanding any provision herein or in section one thousand\nnine of this chapter to the contrary where the track conducting the race\nis a thoroughbred track located in the Catskill region conducting a\nmixed meeting such surcharge shall be collected on all wagers placed in\nbranch offices or simulcast theaters of a regional off-track betting\ncorporation. The revenues received from any such surcharge imposed in\naccordance with this section plus the breaks shall be distributed\nmonthly as follows:\n a. one-fifth to the county in which such track is located;\n b. three-fifths to a regional track located in the region in which the\nbet is placed in accordance with provisions of section five hundred\ntwenty-seven of this article, one-half thereof to be used for purses at\nsuch regional track, except that in any region containing two or more\nregional tracks such tracks shall be entitled to an equal share;\n c. one-fifth to be retained by the off-track betting operator with\nwhom such bet originated as operating revenues.\n 7. Notwithstanding any other provision of this section, any payments\notherwise payable to a city with a population of one million or more,\npursuant to this section, other than payments pursuant to subparagraphs\n(i) and (iii) of paragraph b of subdivision three of this section, shall\nbe payable to the corporation and shall be available for its corporate\npurposes.\n