S T A T E O F N E W Y O R K
________________________________________________________________________
3470
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
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 payments by off track betting corporations to regional
harness tracks for out-of-state and out-of-country simulcasting reven-
ue
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, as amended by chapter 174 of the laws of
2013, 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 commission, for its approval, a sched-
ule 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 commission, 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 commission, such scheduled
payments shall be made from revenues derived from any simulcasting
conducted pursuant to this section and section one thousand fifteen of
this article.
b. Additional payments.] PAYMENTS. During each calendar year, to the
extent, and at such time in the event, that aggregate statewide wagering
handle after 7:30 P.M. on out-of-state and out-of-country thoroughbred
races exceeds one hundred million dollars, each off-track betting corpo-
ration conducting such simulcasting shall pay to its regional harness
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04288-01-9
A. 3470 2
track or tracks, an amount equal to [two percent] THE FOLLOWING PERCENT-
AGE of its proportionate share of such excess handle: FOR CALENDAR YEARS
THROUGH TWO THOUSAND NINETEEN, TWO PERCENT; FOR CALENDAR YEAR TWO THOU-
SAND TWENTY, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND
TWENTY-ONE, ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND TWENTY,
ONE-HALF OF ONE PERCENT. THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT
OBLIGATION PURSUANT TO THIS SUBDIVISION FOR CALENDAR YEARS COMMENCING ON
OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE. 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 propor-
tion equal to the proportion 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] SUBDIVISION
shall be used exclusively for increasing purses, stakes and prizes at
that regional harness track. For the purpose of determining whether such
aggregate statewide handle exceeds one hundred million dollars, all
wagering on such thoroughbred races accepted by licensed multi-jurisdic-
tional account wagering providers from customers within New York state
shall be excluded.
§ 2. This act shall take effect immediately.