S T A T E O F N E W Y O R K
________________________________________________________________________
9600
I N S E N A T E
March 27, 2026
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to off-track betting maintenance of effort payments
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, 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.
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 of its proportionate share of
such excess handle. In any region where there are two or more regional
harness tracks, such two percent shall be divided between or among the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14945-01-6
S. 9600 2
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] PAY TO ITS REGIONAL HARNESS TRACK OR TRACKS THE
AMOUNT EQUAL TO THREE PERCENT OF HANDLE GENERATED FROM THE ACCEPTANCE OF
SUCH WAGERS FROM OUT-OF-STATE OR OUT-OF-COUNTRY THOROUGHBRED TRACKS
AFTER 7:30 P.M.
§ 2. The act shall take effect immediately.