S T A T E O F N E W Y O R K
________________________________________________________________________
2595
2009-2010 Regular Sessions
I N S E N A T E
February 25, 2009
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to payments by off-track betting corporations to regional
licensed harness tracks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (E) of subparagraph 5 of paragraph b of subdivision
1 of section 1016 of the racing, pari-mutuel wagering and breeding law,
as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
(E) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
when a franchised corporation is not conducting a race meeting [and when
a licensed harness track is neither accepting wagers nor displaying the
signal from an in-state thoroughbred corporation or association or an
out-of-state thoroughbred track]:
(i) [Such] A licensed regional harness track shall receive in lieu of
any other payments on wagers placed at off-track betting facilities
outside the special betting district on races conducted by an in-state
thoroughbred racing corporation, two and eight-tenths percent on regular
and multiple bets during a regional meeting and one and nine-tenths
percent of such bets if there is no regional meeting and four and eight-
tenths percent on exotic bets on days on which there is a regional meet-
ing and three and four-tenths percent of such bets if there is no
regional meeting.
(ii) [Such] A licensed regional harness track shall receive [one and
one-half] THREE-QUARTERS OF ONE per centum on total regional handle on
races conducted at out-of-state or out-of-country thoroughbred tracks.
(iii) In those regions in which there is more than one licensed
regional harness track, [if no track is accepting wagers or displaying
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09417-01-9
S. 2595 2
the live simulcast signal from the out-of-state track,] the total sum
shall be divided among the tracks in proportion to the ratio the wagers
placed on races conducted by each track bears to the corporation's total
in-region harness handle. [If one or more tracks are accepting wagers or
displaying the live simulcast signal, the total amount shall be divided
among those tracks not accepting wagers or displaying the simulcast
signal for an out-of-state track or in-state thoroughbred corporation or
association.]
S 2. Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
section 1016 of the racing, pari-mutuel wagering and breeding law, as
amended by chapter 18 of the laws of 2008, is amended to read as
follows:
(F) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
when a franchised corporation is not conducting a race meeting [and when
a licensed harness track is neither accepting wagers nor displaying the
signal from an in-state thoroughbred corporation or association or an
out-of-state thoroughbred track]:
(i) [Such] A licensed regional harness track shall receive in lieu of
any other payments on wagers placed at off-track betting facilities
outside the special betting district on races conducted by an in-state
thoroughbred racing corporation, two and eight-tenths percent on regular
and multiple bets during a regional meeting and one and nine-tenths
percent of such bets if there is no regional meeting and four and eight-
tenths percent on exotic bets on days on which there is a regional meet-
ing and three and four-tenths percent of such bets if there is no
regional meeting.
(ii) [Such] A licensed regional harness track shall receive [one and
one-half] THREE-QUARTERS OF ONE per centum on total regional handle on
races conducted at out-of-state or out-of-country thoroughbred tracks.
(iii) In those regions in which there is more than one licensed
regional harness track, [if no track is accepting wagers or displaying
the live simulcast signal from the out-of-state track,] the total sum
shall be divided among the tracks in proportion to the ratio the wagers
placed on races conducted by each track bears to the corporation's total
in-region harness handle. [If one or more tracks are accepting wagers or
displaying the live simulcast signal, the total amount shall be divided
among those tracks not accepting wagers or displaying the simulcast
signal for an out-of-state track or in-state thoroughbred corporation.]
S 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 18 of the laws of 2008, is
amended to read as follows:
2. a. Maintenance of effort. Any off-track betting corporation which
engages in accepting wagers on the simulcasts of thoroughbred races from
out-of-state or out-of-country as permitted under subdivision one of
this section shall submit to the board, for its approval, a schedule of
payments to be made in any year or portion thereof, that such off-track
corporation engages in nighttime thoroughbred simulcasting. In order to
be approved by the board, the payment schedule shall be identical to the
actual payments and distributions of such payments to tracks and purses
made by such off-track corporation pursuant to the provisions of section
one thousand fifteen of this article during the year two thousand two,
as derived from out-of-state harness races displayed after 6:00 P.M. If
approved by the board, such scheduled payments shall be made from reven-
ues derived from any simulcasting conducted pursuant to this section and
section one thousand fifteen of this article. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF THIS PARAGRAPH: (I) FOR PURPOSES OF CALCULAT-
S. 2595 3
ING THE PAYMENTS TO BE MADE PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEAR
TWO THOUSAND NINE, THE AMOUNT OTHERWISE PAYABLE, IF ANY, BY AN OFF-TRACK
BETTING CORPORATION TO A REGIONAL HARNESS TRACK SHALL BE REDUCED IN
PROPORTION TO THE REDUCTION, IF ANY, IN THE NUMBER OF RACING PROGRAMS
CONDUCTED BY THE REGIONAL HARNESS TRACK DURING TWO THOUSAND NINE
COMPARED WITH THE NUMBER OF RACING PROGRAMS CONDUCTED BY SUCH TRACK
DURING THE TWO THOUSAND TWO BASE CALENDAR YEAR; AND (II) NO OFF-TRACK
BETTING CORPORATION SHALL HAVE ANY FURTHER PAYMENT OBLIGATION PURSUANT
TO THIS PARAGRAPH WITH RESPECT TO CALENDAR YEARS COMMENCING ON OR AFTER
JANUARY FIRST, TWO THOUSAND TEN.
b. Additional payments. During each calendar year, to the extent, and
at such time in the event, that aggregate statewide wagering handle
after 7Labor P.M. on out-of-state and out-of-country thoroughbred races
exceeds one hundred million dollars, each off-track betting corporation
conducting such simulcasting shall pay to its regional harness track or
tracks, an amount equal to [two percent] THE FOLLOWING PERCENTAGE of its
proportionate share of such excess handle: FOR CALENDAR YEARS THROUGH
TWO THOUSAND NINE, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND TEN, ONE
AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND ELEVEN, ONE
PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND TWELVE, ONE-HALF OF ONE
PERCENT. THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT OBLIGATION PURSU-
ANT TO THIS PARAGRAPH FOR CALENDAR YEARS COMMENCING ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWELVE. In any region where there are two or more
regional harness tracks, such [two percent] PAYMENT AMOUNT shall be
divided between or among the tracks in a proportion equal to the propor-
tion of handle on live harness races conducted at such tracks during the
preceding calendar year. Fifty percent of the sum received by each track
pursuant to this paragraph shall be used exclusively for increasing
purses, stakes and prizes at that regional harness track.
S 4. This act shall take effect immediately.