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.