S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4051
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 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
   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
 the  live  simulcast  signal from the out-of-state track,] the total sum
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04935-01-9

 A. 4051                             2
 
 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.]
   §  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.]
   § 3. 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. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  PARA-
 GRAPH:  (I) FOR PURPOSES OF CALCULATING THE PAYMENTS TO BE MADE PURSUANT

 A. 4051                             3
 
 TO THIS PARAGRAPH FOR CALENDAR YEAR TWO THOUSAND  NINETEEN,  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 NINETEEN COMPARED WITH THE  NUMBER  OF
 RACING  PROGRAMS  CONDUCTED BY SUCH TRACK DURING THE TWO THOUSAND TWELVE
 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
 TWENTY.
   b. Additional 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 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 NINETEEN, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND TWEN-
 TY, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND TWENTY-ONE,
 ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND TWENTY-TWO, ONE-HALF  OF
 ONE  PERCENT.  THERE  SHALL  BE NO FURTHER ADDITIONAL PAYMENT OBLIGATION
 PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEARS  COMMENCING  ON  OR  AFTER
 JANUARY  FIRST,  TWO THOUSAND TWENTY-TWO.  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 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 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-jurisdictional account wagering provid-
 ers from customers within New York state shall be excluded.
   § 4. This act shall take effect immediately.