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SECTION 1016
Simulcasting of out-of-state thoroughbred races 1
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 10
§ 1016. Simulcasting of out-of-state thoroughbred races 1. The
provisions of this section shall govern the simulcasting of races
conducted at thoroughbred tracks located in another state or country on
any day during which a franchised corporation is not conducting a race
meeting in Saratoga county at Saratoga thoroughbred racetrack until June
thirtieth, two thousand twenty-two. Every off-track betting corporation
branch office and every simulcasting facility licensed in accordance
with section one thousand seven that have entered into a written
agreement with such facility's representative horsemen's organization as
approved by the commission, one thousand eight or one thousand nine of
this article shall be authorized to accept wagers and display the live
full-card simulcast signal of thoroughbred tracks (which may include
quarter horse or mixed meetings provided that all such wagering on such
races shall be construed to be thoroughbred races) located in another
state or foreign country, subject to the following provisions; provided,
however, no such written agreement shall be required of a franchised
corporation licensed in accordance with section one thousand seven of
this article:

a. Each off-track betting branch office accepting wagers on an
out-of-state track shall accept wagers on races run at all in-state
thoroughbred tracks which are conducting racing programs and every
simulcasting facility licensed in accordance with sections one thousand
eight and one thousand nine of this article which is accepting wagers
and displaying the simulcast signal from an out-of-state track shall
similarly accept wagers and display the signal from all in-state
thoroughbred tracks conducting racing programs.

b. 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 winning tickets therein, provided such tickets are presented
for payment prior to April first of the year following the year of their
purchase less eighteen percent of the total deposits in pools resulting
from regular bets, less twenty-one percent of the total deposits in
pools resulting from multiple bets, less twenty-six percent of the total
deposits in pools resulting from exotic bets, and less twenty-seven
percent of the total deposits in pools resulting from super exotic bets,
plus the breaks as defined in section two hundred thirty-six 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.

(1) Of the sums so retained, the applicable tax rates shall be as
governed by clauses (A) and (B) of subparagraphs three, four, five and
six of this paragraph plus fifty percent of the breaks; provided,
however, fifty percent of the breaks accruing from off-track betting
corporations licensed in accordance with section one thousand eight of
this article and from simulcast theaters licensed in accordance with
section one thousand nine of this article, shall be paid to the
agriculture and New York State horse breeding and development fund and
to the thoroughbred breeding and development fund, the total of such
payments to be apportioned fifty percent to each such fund.

(2) (A) Of the sums so retained, one-half of one percent of all wagers
shall be paid to the New York State thoroughbred breeding and
development fund, except that of the sums so retained on such wagers at
licensed harness tracks, one-half of one percent shall be paid to the
agricultural and New York State horse breeding and development fund.

(B) Any harness racing or association or corporation or thoroughbred
racing 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 the total daily pari-mutuel pools.

(3) Distribution of wagers placed on the initial out-of-state
thoroughbred track at facilities licensed in accordance with sections
one thousand eight and one thousand nine of this article.

(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 1.50 1.50 1.50 1.50
Non-franchised
Thoroughbred Racing
corporation 0.50 0.50 0.50 0.50
Non-franchised
Thoroughbred Racing
corporation payments to purses 1.50 2.00 1.50 2.00
Franchised corporation 0.50 0.50 0.50 0.50
Franchised corporation
payments to purses 2.00 2.00 2.50 4.00

(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
Non-franchised
Thoroughbred Racing
corporation 0.50 0.50 0.50 0.00
Non-franchised
Thoroughbred Racing
corporation payments to purses 0.50 0.50 0.50 0.50
Franchised corporation 2.00 1.50 1.50 2.00
Franchised corporation
payments to purses 2.00 3.00 3.00 5.00

(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to the thoroughbred racing corporation to be
used exclusively for the purpose of increasing purses, including stakes,
premiums and prizes.

(4) Distribution of wagers placed on other than the initial
out-of-state thoroughbred track at facilities licensed in accordance
with sections one thousand eight and one thousand nine of this article.

(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
Non-franchised
Thoroughbred Racing 2.00 2.00 2.00 2.50
corporation payments to purses
Franchised corporation 1.00 1.00 1.00 1.00
Franchised corporation
payments to purses 2.00 2.00 2.50 4.00

(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 0.50 0.50 0.50 0.50
Non-franchised
Thoroughbred racing 0.50 0.25 0.50 0.50
corporation
Non-franchised
Thoroughbred racing 0.50 0.25 0.50 0.50
corporation payments to purses
Franchised corporation 2.25 2.25 2.00 2.50
Franchised corporation
payments to purses 2.25 3.25 3.00 4.50

(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to the thoroughbred racing corporation or to
the franchised corporation to be used exclusively for the purpose of
increasing purses, including stakes, premiums and prizes.

(D) On days when no thoroughbred track is conducting a race meeting,
facilities licensed in accordance with sections one thousand eight and
one thousand nine of this article are authorized to accept the simulcast
signal from more than two out-of-state thoroughbred tracks. The
distribution of wagers on such out-of-state thoroughbred track or tracks
shall be in accordance with clause (B) of this subparagraph.

(5) Distribution of wagers placed on the initial out-of-state
thoroughbred track at facilities licensed in accordance with section one
thousand seven of this article.

(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 1.50 1.50 1.50 1.50
Non-franchised
Thoroughbred racing 0.25 0.25 0.25 0.50
corporation
Non-franchised
Thoroughbred racing 0.75 1.00 0.75 1.00
corporation payments to purses
Franchised corporation 0.25 0.25 0.25 0.25
Franchised corporation
payments to purses 1.00 1.00 2.25 2.00

(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
Non-franchised
Thoroughbred racing
corporation 0.25 0.25 0.25 0.25
Non-franchised
Thoroughbred racing
corporation payments to purses 0.25 0.25 0.25 0.25
Franchised corporation 1.00 0.75 0.75 1.00
Franchised corporation
payments to purses 1.00 1.50 1.50 2.50

(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to a thoroughbred racing corporation to be
used exclusively for the purpose of increasing purses, including stakes,
premiums and prizes.

(D) For wagers placed at a thoroughbred racing corporation the state
tax shall be the amounts specified in clauses (A) and (B) of this
subparagraph and retention thereafter shall be identical to sums
retained for each type of on-track wager.

(E) On days 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 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
meeting and three and four-tenths percent of such bets if there is no
regional meeting.

(ii) Such licensed regional harness track shall receive one and
one-half 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 or
association.

(F) Of the sums retained by a licensed harness facility, fifty percent
shall be used exclusively for purses awarded in races conducted by such
licensed facility and the remaining fifty percent shall be retained by
such licensed facility for its general purposes, provided, however, that
in a harness special betting district the portion of the sums retained
by a licensed harness facility to be used for purses or the methodology
for calculating the amount to be used for purses may be specified in a
written contract between a harness racing association or corporation and
its representative horsemen's association.

(6) Distribution of wagers placed on other than the initial
out-of-state thoroughbred track at facilities licensed in accordance
with section one thousand seven of this article.

(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
Non-franchised
Thoroughbred Racing
corporation payments to purses 1.00 1.00 1.00 1.25
Franchised corporation 0.50 0.50 0.50 0.50
Franchised corporation
payments to purses 1.00 1.00 1.25 2.00

(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state

Super-

Regular Multiple Exotic exotic

bets bets bets bets
State Tax 0.50 0.50 0.50 0.50
Non-franchised
Thoroughbred Racing
corporation 0.25 0.25 0.25 0.25
Non-franchised
Thoroughbred Racing
corporation payments to purses 0.25 0.25 0.25 0.25
Franchised corporation 1.25 1.25 1.00 1.25
Franchised corporation
payments to purses 1.25 2.00 1.50 2.25

(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to a thoroughbred racing corporation or to
the franchised corporation to be used exclusively for the purpose of
increasing purses, including stakes, premiums and prizes.

(D) For wagers placed at a franchised corporation or a thoroughbred
racing corporation the state tax shall be the amounts specified in
clauses (A) and (B) of this subparagraph and retention thereafter shall
be identical to sums retained for each type of on-track wager.

(E) On days when no thoroughbred track is conducting a race meeting,
facilities licensed in accordance with section one thousand seven of
this article are authorized to accept the simulcast signal from
out-of-state thoroughbred tracks. The distribution of wagers on such
out-of-state thoroughbred track or tracks shall be in accordance with
clause (B) of this subparagraph.

(F) On days 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 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
meeting and three and four-tenths percent of such bets if there is no
regional meeting.

(ii) Such licensed regional harness track shall receive one and
one-half 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.

(G) Of the sums retained by a licensed harness facility, fifty percent
shall be used exclusively for purses awarded in races conducted by such
licensed facility and the remaining fifty percent shall be retained by
such licensed facility for its general purposes, provided, however, that
in a harness special betting district the portion of the sums retained
by a licensed harness facility to be used for purses or the methodology
for calculating the amount to be used for purses may be specified in a
written contract between a harness racing association or corporation and
its representative horsemen's association.

c. (1) All wagers authorized by this section shall be combined so as
to produce common pari-mutuel betting pools, which shall be combined
with the sending track, for the calculation of odds and the
determination of payouts from such pools, which payouts shall be made
pursuant to the rules of the commission. Every location authorized to
accept wagers or display simulcasting pursuant to this section shall be
subject to all appropriate provisions of this chapter.

(2) Every regional off-track betting corporation may simulcast all
out-of-state races authorized by this section at any licensed simulcast
facility except for those facilities located in a thoroughbred special
betting district. Facilities located in such special betting district
may display the simulcast signal with the permission of the thoroughbred
track located in such district or if such track displays the signal from
an out-of-state or out-of-country track.

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

(1) for all wagers placed at facilities licensed to receive such
out-of-state or out-of-country simulcasts in accordance with section one
thousand eight of this article, distribution shall first be made in
accordance with subdivision three-a of section five hundred thirty-two
of this chapter, 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.

(2) 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
applies 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:

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

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

e. Nothing in this section shall be construed to prohibit the
acceptance 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.

2. The provisions of this section shall not be effective, nor shall
any out-of-state simulcast signal or wagers thereon be permitted to be
accepted pursuant to this section by any off-track betting corporation
in this state during the dates set forth in subdivision one of this
section until the following conditions are met and are in full force and
effect:

a. New York city off-track betting corporation has a written
contractual agreement with an in-state thoroughbred racing corporation,
guaranteeing said in-state thoroughbred racing corporation the same
display of its signal as any out-of-state track displayed under this
section during the dates and time periods delineated herein, including
the display of said signal at least five days per week under section one
thousand three of this article, commonly known as the in-home
simulcasting experiment; provided said corporation's signal is made
available five days per week;

b. Said written contractual agreement shall not provide for
remuneration and shall be separate and apart from any existing statutory
provision, current agreement, or future agreement, regarding
remuneration of the in-state thoroughbred racing corporation by New York
city off-track betting corporation for its simulcast signal, and shall
contain a clause providing for enforcement of the contractual agreement
in a court of general jurisdiction with the power to grant equitable
and/or injunctive relief;

c. Said written agreement shall contain a clause providing for
injunctive relief and/or liquidated damages if said contract is breached
by either party;

d. Upon a decision, ruling or order by a court of general jurisdiction
that said contract has been breached, no out-of-state simulcasting shall
be permitted under the provisions of this section until renewal of said
contract or a new contract containing the requirements herein is
executed; and

e. Provided further, that if New York city off-track betting
corporation shall cease to display the signal of an out-of-state track
through in-home simulcasting pursuant to section one thousand three of
this article, nothing herein shall prohibit any off-track corporation
from displaying the out-of-state signal in its parlors and teletheaters
so long as the signal of an in-state thoroughbred racing corporation is
displayed on an equal number of screens.