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This entry was published on 2020-10-16
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SECTION 901
Reduction in retained commission
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 9
§ 901. Reduction in retained commission. 1. Notwithstanding the
provisions of subdivision two of section five hundred twenty-three of
this chapter, the commission shall authorize regional off-track betting
corporations to accept additional wagers on multiple betting
opportunities on races conducted by any franchised corporation.

A franchised corporation may elect to offer such similar additional
daily double and quinella wagering opportunities. If such franchised
corporation offers two or more quinellas, as defined herein, the
provisions of section five hundred twenty-three of this chapter, as
modified by the provisions of subdivisions one, two and three of this
section, with respect to combined pools shall apply with respect to such
wagering opportunities. At any time such a franchised corporation does
not offer at least two quinellas, the provisions of this subdivision
with respect to separate authorizations for regional corporations shall
remain in effect with respect to such quinella wagers.

At any time such franchised corporation does not offer such an
additional daily double, the provisions of this subdivision with respect
to separate authorizations for regional corporations shall remain in
effect with respect to such an additional daily double wager.

Whenever regional off-track betting corporations offer wagers pursuant
to this subdivision that are not combined in a common pool with similar
on-track wagers, the provisions of subdivision eight of section five
hundred twenty-three of this chapter shall apply to such wagers.

2. a. In addition to the authority granted under subdivision one of
this section, the commission shall require, under conditions subject to
its approval, the franchised corporation to provide direct transmissions
into selected regional off-track facilities of a current "live call of
the race," defined as the current positions of the horses at specified
places on the track during the race. The track operator itself may
perform the broadcast; or, provide appropriate space and facilities to
enable a single, alternative broadcast to be performed solely for the
use of regional off-track betting corporations, the expense of such
alternative broadcast to be borne by such regional corporations, at the
discretion of such regional corporations. In either case, all
incremental transmission costs are to be borne by such regional
corporations.

b. The regional off-track betting facilities, each of which shall have
been in operation for six months or more prior to receiving such
transmissions and at least forty percent of which shall have had a total
pool on races of such franchised corporation during such period equal to
or greater than the median pool on such races in all such facilities in
such county, that shall receive such transmissions are authorized as
follows, provided that such requirements with respect to duration of
operation and total pool shall not apply to facilities in the New York
city region:

(i) for the New York city region, any facility, located more than five
miles from any thoroughbred racetrack operated by a franchised
corporation, for which the New York city off-track betting corporation
requests such transmissions of such franchised corporation.

(ii) for the Nassau region, one facility located at least ten miles
from any thoroughbred racetrack operated by a franchised corporation.

(iii) for the Suffolk region, one facility.

(iv) for the Catskill and Western regions, six facilities each,
provided, however, that no such transmissions are authorized into the
portion of the Western and Catskill regions in the thoroughbred special
betting district on those days that a thoroughbred track is conducting
racing in such special betting district.

(v) for the Capital District region, six facilities, provided,
however, that no such transmissions are authorized into the Capital
District region on those days that a franchised corporation is
conducting races at a track located within such region. Nothing in this
subparagraph shall prohibit such region and a franchised corporation
from entering into an agreement to provide such transmissions in
additional facilities subject to the restrictions in this subparagraph.

c. The commission shall approve the request of each such regional
off-track betting corporation to transmit the call of the race,
beginning January first, nineteen hundred seventy-nine, into an
additional, like number of facilities as specified in paragraph b of
this subdivision and subject to the conditions in such paragraph.
Provided, however, that nothing shall prohibit such franchised
corporation from entering into agreements with such regional off-track
betting corporations designating additional facilities within the
regions of such regional off-track betting corporations that may offer a
"live call of the race", except that no such transmissions are
authorized into the portion of the Western and Catskill regions in the
thoroughbred special betting district on those days that a thoroughbred
track is conducting racing in such special betting district.

d. Notwithstanding any provisions to the contrary in this subdivision,
during and only during the period that such franchised corporation shall
conduct races at a racetrack not within the counties of Suffolk, Nassau
and the five counties comprising the city of New York, the track
operator for such franchised corporation shall provide direct
transmissions into all of the facilities operated by off-track betting
corporations, except those within the Capital District region and any
facilities within a thoroughbred special betting district, other than
those facilities authorized to accept wagers on races conducted by such
franchised corporation, on those days that a thoroughbred racetrack is
conducting racing in such special betting district, of a current "live
call of the race" as defined, and subject to the conditions provided
for, in paragraph a of this subdivision. Provided, however, nothing
shall prohibit such franchised corporation from entering into an
agreement with the Capital District regional corporation designating
specific facilities within the Capital District region that may offer a
"live call of the race".

3. A franchised corporation shall make available such space and
facilities as may be required to enable regional off-track betting
corporations to obtain the information specified in section two hundred
thirty-four of this chapter for transmission to patrons in the
facilities of such corporations. In addition, such associations shall
cooperate with such corporations in order to develop a system whereby
off-track wagers are combined with on-track wagers in a common pool, and
the odds or potential payoff reflecting or based upon that pool are
displayed at off-track facilities periodically during the time preceding
the race on which such wagers are made. The purpose of the system is to
enable wagers placed off-track to be combined concurrently with wagers
placed on-track until as close to the beginning of the race as is
technically feasible, with due regard for the security and accuracy of
such system. The costs of the changes adopted pursuant to this section
shall be borne by those regional off-track betting corporations electing
to receive such information or to combine the on-track and off-track
pools on a more timely basis.

4. Notwithstanding any other provision of law, the Western region
off-track betting corporation is hereby authorized to develop a system,
subject to approval of the board, whereby off-track wagers are combined
on a current basis with on-track wagers on races conducted by a
corporation licensed to conduct thoroughbred races at a track located
within the Western region. Such corporation shall cooperate in the
provision of such wagers and shall also provide on such races direct
transmission into the facilities of such regional corporation of a
current "live call of the race" as defined in paragraph a of subdivision
two of this section.