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This entry was published on 2021-04-23
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SECTION 1015
Simulcasting of races run by out-of-state harness tracks
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 10
§ 1015. Simulcasting of races run by out-of-state harness tracks. 1.
The provisions of this section shall govern the simulcasting of races
conducted at harness tracks located in another state or country during
the period July first, nineteen hundred ninety-four through June
thirtieth, two thousand twenty-two. This section shall supersede all
inconsistent provisions of this chapter.

2. Harness racing associations or corporations subject to a written
agreement with such association's or corporation's representative
horsemen's association and off-track betting facilities are hereby
authorized to accept wagers and display the signal of out-of-state
harness tracks provided that:

a. the payments to the out-of-state track for accepting wagers and
displaying the live simulcast signals of these races shall not exceed
two percent of total handle for facilities licensed in accordance with
section one thousand eight and one thousand nine of this chapter and
three percent of total handle for those facilities licensed in
accordance with section one thousand seven of this chapter.

b. all off-track betting branches are permitted to accept such wagers
and that all simulcast facilities licensed in accordance with sections
one thousand eight and one thousand nine of this article are permitted
to display the live simulcast signal under the same terms and conditions
as facilities licensed in accordance with section one thousand seven of
this article;

c. on any day on which a harness track is conducting a racing program,
it shall offer its signal to all off-track betting facilities authorized
to receive such signals under terms and conditions no less favorable
than those in effect on March thirty-first, nineteen hundred
ninety-three; and that in addition to any out-of-state simulcasting
program, the track shall accept wagers and display the signal from at
least one in-state harness track;

d. on any day on which a harness association or corporation is not
conducting a racing program, it shall accept the signal from not fewer
than two in-state harness tracks conducting a program except this
requirement may be waived by the written consent of those harness tracks
conducting the race meeting;

e. every off-track betting branch office and simulcast facility
licensed in accordance with sections one thousand eight and one thousand
nine of this article, as a condition to accepting out-of-state wagers
and displaying the live simulcast signal of such races, shall accept
wagers and display the simulcast signal of its regional harness track at
all locations at which out-of-state wagers are accepted or the signal
displayed. If the regional harness track is not conducting a race
meeting but another harness association in the state is conducting a
meeting, the off-track betting facilities as a condition of accepting
out-of-state wagers shall accept wagers and display the signal from at
least one in-state harness track;

f. No off-track betting facility shall accept wagers or display the
simulcast signal from an out-of-state harness track without an agreement
with the regional track, provided, however, that off-track betting
facilities shall have the right to display any simulcast signal
displayed by a regional harness track and any such agreement shall not
unreasonably be withheld.

3. Any facility authorized to accept wagers on out-of-state tracks
shall distribute all sums deposited in any pari-mutuel pool to the
holders of any tickets therein provided such tickets are presented for
payment prior to April first of the year following the year of their
purchase less nineteen percent of total deposits in pools resulting from
regular bets, less twenty-one percent of total deposits of pools
resulting from multiple bets, less twenty-seven percent of total
deposits of pools resulting from exotic bets, less thirty-six percent of
total deposits of pools resulting from super exotic bets plus the breaks
as defined in section three hundred eighteen of this chapter except that
the retention rates and breaks shall be as prescribed by another state
or country if such wagers are combined with those in the other state or
country pursuant to section nine hundred five of this chapter.

a. Distribution of retained commissions for all licensed harness
tracks shall be in accordance with article three of this chapter.

b. For off-track betting facilities, (1) of the sums so retained, the
applicable tax rate shall be one percent of all such wagers;

(2) of the sum so retained, one percent of all wagers shall be paid to
the New York state agricultural and horse breeding and development fund;

(3) of the sum so retained, five percent shall be paid to the regional
licensed harness track to be distributed in the same manner as though
such payments were on races conducted at such track;

(4) of the sum so retained, an additional one percent of all wagers
shall be paid to the regional licensed harness track for the purpose of
increasing purses.

c. In those regions in which there is more than one regional licensed
harness track, the payments required under subparagraphs three and four
of paragraph b of this subdivision shall be made to the regional track
conducting a meet on the day out-of-state simulcasting occurs. If either
no track is conducting a meet, or more than one track is conducting a
meet, the distribution shall be made in the proportion that each track's
handle bore to the total regional licensed harness track handle during
the preceding calendar month or in accordance with a contractual
agreement between the regional tracks and the off-track betting
corporation.

d. For wagers placed at an off-track betting facility in that portion
of the western region located with a thoroughbred special betting
district, but not included in a harness special betting district, one
and one-half percent of such wagers shall be paid to the racing
association located in such district provided such association is
neither accepting wagers nor simulcasting out-of-state harness races.
Any payments required by this subdivision shall reduce payments required
to be made to the regional licensed harness track under the provisions
of subparagraph three of paragraph b of this subdivision.

e. Any thoroughbred racing corporation or harness racing association
or corporation or off-track betting corporation authorized pursuant to
this section shall pay to the commission as a regulatory fee, which fee
is hereby levied, six-tenths of one percent of all wagering pools.

4. The provisions of section five hundred thirty-two of this chapter
shall apply as follows:

a. for all wagers placed at facilities licensed to receive such
out-of-state simulcasts in accordance with section one thousand eight of
this article, distribution shall first be made in accordance with
subdivision three-a, and then fifty percent of the remaining amount in
accordance with paragraph a of subdivision three of section five hundred
thirty-two of this chapter and the other fifty percent shall be retained
by such operator for its general purpose.

b. for wagers placed at off-track betting branch offices on
out-of-state tracks where such simulcasting is not conducted, in
accordance with section five hundred thirty-two of this chapter.

c. upon application of any facility licensed in accordance with
sections one thousand seven and one thousand nine of this article, the
commission shall authorize the imposition of a sum equal to the amount
authorized by section five hundred thirty-two of this chapter that shall
apply to wagers placed at such facility. Such sums received by
facilities licensed in accordance with section one thousand nine of this
article shall be retained for the general purpose of the corporation.
Such sums received by such facilities licensed in accordance with
section one thousand seven of this article shall be distributed as
follows:

(1) fifty percent shall be used exclusively for purses awarded in
races conducted by such licensed facility; and

(2) fifty percent shall be retained by such licensed facility for its
general purposes.

5. Nothing in this section shall be construed to prohibit the
accepting of wagers on races conducted at out-of-state tracks without
the display of the live simulcast signal if authorized under any other
provision of this chapter.