S T A T E O F N E W Y O R K
________________________________________________________________________
5923
2025-2026 Regular Sessions
I N A S S E M B L Y
February 24, 2025
___________
Introduced by M. of A. WOERNER -- 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 and item (ii) as amended by
chapter 243 of the laws of 2020, 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 percent 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.
LBD09476-01-5
A. 5923 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 and item (ii) as amended by
chapter 243 of the laws of 2020, 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 percent 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 and
paragraph a as amended by chapter 243 of the laws of 2020, is amended to
read as follows:
2. a. Maintenance of effort. Any off-track betting corporation that
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-
A. 5923 3
GRAPH: (I) FOR PURPOSES OF CALCULATING THE PAYMENTS TO BE MADE PURSUANT
TO THIS PARAGRAPH FOR CALENDAR YEAR TWO THOUSAND TWENTY-FIVE, 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 TWENTY-FIVE 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-SIX.
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 TWENTY-FIVE, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND
TWENTY-SIX, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND
TWENTY-SEVEN, ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND TWENTY-
EIGHT, 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-EIGHT. 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-jurisdic-
tional account wagering providers from customers within New York state
shall be excluded.
§ 4. This act shall take effect immediately.