S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6124

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation  to  percent  of  wagers made at off-track betting facilities
  conducted by in-state thoroughbred racing corporations; and  repealing
  certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 1017 of  the  racing,  pari-mutuel
wagering and breeding law is REPEALED.
  S  2. Subparagraphs 1 and 2 of paragraph h of subdivision 1 of section
1014 of the racing, pari-mutuel wagering and breeding law, as amended by
chapter 18 of the laws of 2008, are amended to read as follows:
  (1) Licensed harness  tracks  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] ONE AND FOUR-TENTHS percent
on regular and multiple bets during a  regional  meeting  and  [one  and
nine-tenths]  NINETY FIVE-HUNDREDTHS percent of such bets if there is no
regional meeting and [four and eight-tenths] TWO AND FOUR-TENTHS percent
on exotic bets on days on which there is a regional meeting  and  [three
and  four-tenths]  ONE AND SEVEN-TENTHS percent of such bets if there is
no regional meeting.
  (2) (i) In addition, licensed harness tracks shall  receive  [one  and
one-half]  THREE-QUARTERS per centum, TO BE USED EXCLUSIVELY TO INCREASE
PURSES, on total handle on races conducted at an out-of-state or out-of-
country thoroughbred  track  provided  such  harness  track  is  neither
accepting wagers nor displaying the signal from an out-of-state track.
  (ii) In those regions in which there is more than one licensed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09871-01-5
              

A. 6124                             2

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.
  S 3. Paragraph b of subdivision 3 of section 1015 of the racing, pari-
mutuel wagering and breeding law, as amended by section 22 of part F3 of
chapter 62 of the laws of 2003 and such section as renumbered by chapter
18 of the laws of 2008, is amended to read as follows:
  b. For off-track betting facilities, (1) of the sums so retained,  the
applicable tax rate shall be one percent of all such wagers;
  (2) of the sum so retained, one percent of all wagers shall be paid to
the New York state agricultural and horse breeding and development fund;
  (3)  of  the sum so retained, [five] TWO AND ONE-HALF percent shall be
paid to the regional licensed harness track to be  USED  EXCLUSIVELY  TO
INCREASE PURSES AND STAKES distributed in the same manner as though such
payments were on races conducted at such track;
  (4)  of  the  sum so retained, an additional one percent of all wagers
shall be paid to the regional licensed harness track for the purpose  of
increasing purses.
  S  4.  Subparagraphs  3, 4, 5 and 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, are amended to read as
follows:
  (3)  Distribution  of  wagers  placed  on  the  initial   out-of-state
thoroughbred  track  at  facilities licensed in accordance with sections
one thousand eight and one thousand nine of this article.
  (A) Of the sums so retained on days when a franchised  corporation  is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           1.50      1.50       1.50     1.50

[Non-franchised
Thoroughbred Racing
corporation                         0.50      0.50       0.50     0.50]

Non-franchised
Thoroughbred Racing
corporation payments to purses      1.50      2.00       1.50     2.00

[Franchised corporation             0.50      0.50       0.50     0.50]

Franchised corporation
payments to purses                  2.00      2.00       2.50     4.00

  (B)  Of  the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

A. 6124                             3

State Tax                           1.00      1.00       1.00     1.00

[Non-franchised
Thoroughbred Racing
corporation                         0.50      0.50       0.50     0.00]

Non-franchised
Thoroughbred Racing
corporation payments to purses      0.50      0.50       0.50     0.50

[Franchised corporation             2.00      1.50       1.50     2.00]

Franchised corporation
payments to purses                  2.00      3.00       3.00     5.00

  (C)  Payments  to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to the thoroughbred racing corporation to  be
used exclusively for the purpose of increasing purses, including stakes,
premiums and prizes.
  (4)  Distribution  of  wagers placed on other than the initial out-of-
state thoroughbred track  at  facilities  licensed  in  accordance  with
sections one thousand eight and one thousand nine of this article.
  (A)  Of  the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           1.00      1.00       1.00     1.00

Non-franchised
Thoroughbred Racing                 2.00      2.00       2.00     2.50
corporation payments to purses

[Franchised corporation             1.00      1.00       1.00     1.00]

Franchised corporation
payments to purses                  2.00      2.00       2.50     4.00

  (B) Of the sums so retained on days when a franchised  corporation  is
conducting a race meeting within the state
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           0.50      0.50       0.50     0.50

[Non-franchised
Thoroughbred racing                 0.50      0.25       0.50     0.50]
corporation

Non-franchised
Thoroughbred racing                 0.50      0.25       0.50     0.50
corporation payments to purses

A. 6124                             4

[Franchised corporation             2.25      2.25       2.00     2.50]

Franchised corporation
payments to purses                  2.25      3.25       3.00     4.50

  (C)  Payments  to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to the thoroughbred racing corporation or  to
the  franchised  corporation  to  be used exclusively for the purpose of
increasing purses, including stakes, premiums and prizes.
  (D) On days when no thoroughbred track is conducting a  race  meeting,
facilities  licensed  in accordance with sections one thousand eight and
one thousand nine of this article are authorized to accept the simulcast
signal from more than two out-of-state thoroughbred tracks. The distrib-
ution of wagers on such out-of-state thoroughbred track or tracks  shall
be in accordance with clause (B) of this subparagraph.
  (5)   Distribution  of  wagers  placed  on  the  initial  out-of-state
thoroughbred track at facilities licensed in accordance with section one
thousand seven of this article.
  (A) Of the sums so retained on days when a franchised  corporation  is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           1.50      1.50       1.50     1.50

[Non-franchised
Thoroughbred racing                 0.25      0.25       0.25     0.50]
corporation

Non-franchised
Thoroughbred racing                 0.75      1.00       0.75     1.00
corporation payments to purses

[Franchised corporation             0.25      0.25       0.25     0.25]

Franchised corporation
payments to purses                  1.00      1.00       2.25     2.00

  (B)  Of  the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           1.00      1.00       1.00     1.00

[Non-franchised
Thoroughbred racing
corporation                         0.25      0.25       0.25     0.25]

Non-franchised
Thoroughbred racing
corporation payments to purses      0.25      0.25       0.25     0.25

A. 6124                             5

[Franchised corporation             1.00      0.75       0.75     1.00]

Franchised corporation
payments to purses                  1.00      1.50       1.50     2.50

  (C)  Payments  to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to a thoroughbred racing  corporation  to  be
used exclusively for the purpose of increasing purses, including stakes,
premiums and prizes.
  (D)  For  wagers placed at a thoroughbred racing corporation the state
tax shall be the amounts specified  in  clauses  (A)  and  (B)  of  this
subparagraph  and  retention  thereafter  shall  be  identical  to  sums
retained for each type of on-track wager.
  (E) On days 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 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 thorough-
bred  racing  corporation,  [two  and  eight-tenths] ONE AND FOUR-TENTHS
percent on regular and multiple bets during a regional meeting and  [one
and  nine-tenths]  NINETY-FIVE  ONE-HUNDREDTHS  percent  of such bets if
there is no  regional  meeting  and  [four  and  eight-tenths]  TWO  AND
FOUR-TENTHS  percent on exotic bets on days on which there is a regional
meeting and [three and four-tenths] ONE AND SEVEN-TENTHS percent of such
bets if there is no regional meeting.
  (ii) Such licensed regional harness track shall receive [one and  one-
half]  THREE-QUARTERS  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 or
association.
  (F) Of the sums retained by a licensed harness facility, fifty percent
shall  be used exclusively for purses awarded in races conducted by such
licensed facility and the remaining fifty percent shall be  retained  by
such licensed facility for its general purposes, provided, however, that
in  a  harness special betting district the portion of the sums retained
by a licensed harness facility to be used for purses or the  methodology
for  calculating  the amount to be used for purses may be specified in a
written contract between a harness racing association or corporation and
its representative horsemen's association.
  (6) Distribution of wagers placed on other than  the  initial  out-of-
state  thoroughbred  track  at  facilities  licensed  in accordance with
section one thousand seven of this article.
  (A) Of the sums so retained on days when a franchised  corporation  is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
                                                                  Super-

A. 6124                             6

                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           1.00      1.00       1.00     1.00

Non-franchised
Thoroughbred Racing
corporation payments to purses      1.00      1.00       1.00     1.25

[Franchised corporation             0.50      0.50       0.50     0.50]

Franchised corporation
payments to purses                  1.00      1.00       1.25     2.00

  (B)  Of  the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
                                                                  Super-
                                    Regular   Multiple   Exotic   exotic
                                    bets      bets       bets     bets

State Tax                           0.50      0.50       0.50     0.50

[Non-franchised
Thoroughbred Racing
corporation                         0.25      0.25       0.25     0.25]

Non-franchised
Thoroughbred Racing
corporation payments to purses      0.25      0.25       0.25     0.25

[Franchised corporation             1.25      1.25       1.00     1.25]

Franchised corporation
payments to purses                  1.25      2.00       1.50     2.25

  (C) Payments to purses as required under clauses (A) and (B)  of  this
subparagraph  shall  be  paid to a thoroughbred racing corporation or to
the franchised corporation to be used exclusively  for  the  purpose  of
increasing purses, including stakes, premiums and prizes.
  (D)  For  wagers  placed at a franchised corporation or a thoroughbred
racing corporation the state tax  shall  be  the  amounts  specified  in
clauses  (A) and (B) of this subparagraph and retention thereafter shall
be identical to sums retained for each type of on-track wager.
  (E) On days when no thoroughbred track is conducting a  race  meeting,
facilities  licensed  in  accordance  with section one thousand seven of
this article are authorized to accept the simulcast signal from  out-of-
state  thoroughbred  tracks.  The distribution of wagers on such out-of-
state thoroughbred track or tracks shall be in  accordance  with  clause
(B) of this subparagraph.
  (F)  On  days  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 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 thorough-

A. 6124                             7

bred racing corporation, [two  and  eight-tenths]  FOUR  AND  TWO-TENTHS
percent  on regular and multiple bets during a regional meeting and [one
and nine-tenths] NINETY-FIVE ONE-HUNDRETHS percent of such bets if there
is  no  regional meeting and [four and eight-tenths] TWO AND FOUR-TENTHS
percent on exotic bets on days on which there is a regional meeting  and
[three  and  four-tenths]  ONE  AND SEVEN-TENTHS percent of such bets if
there is no regional meeting.
  (ii) Such licensed regional harness track shall receive [one and  one-
half]  THREE-QUARTERS  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.
  (G) Of the sums retained by a licensed harness facility, fifty percent
shall  be used exclusively for purses awarded in races conducted by such
licensed facility and the remaining fifty percent shall be  retained  by
such licensed facility for its general purposes, provided, however, that
in  a  harness special betting district the portion of the sums retained
by a licensed harness facility to be used for purses or the  methodology
for  calculating  the amount to be used for purses may be specified in a
written contract between a harness racing association or corporation and
its representative horsemen's association.
  S 5. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6124--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to percent of wagers made  at  off-track  betting  facilities
  conducted  by in-state thoroughbred racing corporations; and repealing
  certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2 of section 1017 of the racing, pari-mutuel
wagering and breeding law is REPEALED.
  S 2. Clause (E) of subparagraph 5 and clause (G) 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,
are amended to read as follows:
  (E) On days 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 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 thorough-
bred  racing  corporation,  [two  and  eight-tenths] ONE AND FOUR-TENTHS
percent on regular and multiple bets during a regional meeting and  [one
and nine-tenths] NINETY-FIVE HUNDREDTHS percent of such bets if there is
no  regional  meeting  and  [four  and eight-tenths] TWO AND FOUR-TENTHS
percent on exotic bets on days on which there is a regional meeting  and
[three  and  four-tenths]  ONE  AND SEVEN-TENTHS percent of such bets if
there is no regional meeting.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09871-02-5

A. 6124--A                          2
              

  (ii) Such licensed regional harness track shall receive [one and  one-
half]  SEVENTY-FIVE  HUNDREDTHS  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 or
association.
  (G) Of the sums retained by a licensed harness facility,  [fifty]  ONE
HUNDRED  percent  shall  be used exclusively for purses awarded in races
conducted by such licensed facility [and  the  remaining  fifty  percent
shall  be  retained  by such licensed facility for its general purposes,
provided, however, that  in  a  harness  special  betting  district  the
portion  of  the sums retained by a licensed harness facility to be used
for purses or the methodology for calculating the amount to be used  for
purses  may  be specified in a written contract between a harness racing
association or corporation and  its  representative  horsemen's  associ-
ation].
  S 3. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6124--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by  M.  of A. PRETLOW, McDONALD -- read once and referred to
  the Committee on Racing and Wagering  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Racing and Wagering in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to contribution requirements for the capital acquisition fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 509-a of the racing, pari-mutuel
wagering and breeding law, as added by chapter 681 of the laws of  1989,
is amended to read as follows:
  (1)  no  contribution  shall  exceed  the amount of one percent of the
total pari-mutuel wagering pools for the quarter in which  the  contrib-
ution  is made; PROVIDED, HOWEVER THAT THREE QUARTERS OF THE ONE PERCENT
SHALL BE USED BY THE CORPORATION FOR ANY CORPORATE PURPOSE;
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09871-03-6