2014 Kentucky Revised Statutes CHAPTER 230 - HORSE RACING AND SHOWING 230.3771 Limitations on and conditions for interstate simulcasting and wagering at Thoroughbred tracks, harness tracks, and simulcast facilities.
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230.3771 Limitations on and conditions for interstate simulcasting and
wagering at Thoroughbred tracks, harness tracks, and simulcast
facilities.
(1)
A Thoroughbred track licensed to conduct Thoroughbred racing may receive
interstate simulcasts of Thoroughbred, quarter horse, Appaloosa, and Arabian
horse races, and conduct interstate wagering thereon, subject to the following
limitations:
(a) A Thoroughbred receiving track may receive interstate simulcasts of
Thoroughbred races and conduct interstate wagering thereon at any time
of day and during any live Thoroughbred horse race meet conducted in
the Commonwealth of Kentucky so long as the Thoroughbred receiving
track conducting interstate wagering remits to the Thoroughbred host
track conducting a live meet, from the first awarded day of its live meet
through the last awarded day of the same live meet, the amounts
provided in paragraph (j) of this subsection.
(b) A Thoroughbred host track which receives interstate simulcasts and
conducts interstate wagering thereon during the period of time from the
first awarded day of its live meet through the last awarded day of its live
meet shall offer the simulcasts to all Thoroughbred receiving tracks, all
harness tracks not subject to the provisions of KRS 230.377(2), and all
simulcast facilities through the intertrack wagering system.
(c) Except as otherwise prohibited by law, a receiving track shall conduct
intertrack wagering on all live races of all Thoroughbred host tracks on
any day on which it receives an interstate simulcast for the purpose of
conducting interstate wagering.
(d) No host track shall require that any receiving track or simulcast facility
receive the interstate simulcast.
(e) If more than one (1) Thoroughbred track conducts live racing at the same
time on the same day, no track or simulcast facility may receive an
interstate simulcast of Thoroughbred races unless all Thoroughbred
tracks conducting live racing at the same time of day agree upon all
interstate simulcasts to be received and the division of the Thoroughbred
host track's commission. If more than one (1) Thoroughbred track
conducts live racing at different times on the same day, the Thoroughbred
host track with the highest average daily handle, based on the preceding
year, shall be the host track for purposes of splitting the commissions
earned on interstate wagering at receiving tracks within the
Commonwealth. For purposes of this subsection, average daily handle
includes live handle, intertrack wagering handle, and simulcast facility
handle. Also for purposes of this subsection, the time of day during which
a host track conducts live racing commences with its first published post
time and concludes ten (10) minutes after the published post time of its
last race of the day, regardless of actual post times.
(f) Each Thoroughbred track which desires to conduct interstate wagering
pursuant to the provisions of this subsection shall during each year make
application to the racing commission for no less than one hundred percent
(100%) of the number of racing days awarded to the track in 1994 and
(g)
(h)
(i)
(j)
(k)
one hundred percent (100%) of the number of races scheduled to be run
by the track in 1993.
Notwithstanding paragraph (f) of this subsection, any Thoroughbred track
may apply for less than one hundred percent (100%) of the number of
racing days awarded to the track in 1994 or one hundred percent (100%)
of the number of races scheduled to be run by the track in 1993, if written
approval is obtained from the Kentucky Horsemen's Benevolent and
Protective Association and the Kentucky Thoroughbred Owners and
Breeders Association, Inc.
A separate accounting on all interstate simulcasting shall be submitted to
the racing commission. The accounting shall be submitted in the same
format and at the same time that the report for intertrack wagering is
submitted.
If the only simulcast or simulcasts a track participating as a host track
makes available for interstate wagering through this state's intertrack
wagering system on any race day are Thoroughbred horse races
designated as graded stakes races by the Graded Stakes Committee of
the Thoroughbred Owners and Breeders Association, Inc., then the
commission of the receiving track on these interstate wagers shall be split
as prescribed by KRS 230.378(3); otherwise, the commission of the
receiving track shall be split as prescribed by paragraph (j) of this
subsection. Interstate simulcasts received by a Thoroughbred host track
under the conditions set forth in this paragraph shall not be subject to the
conditions set forth in paragraphs (b), (c), (e), and (f) of this subsection.
A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the
track from which the interstate simulcast originated, shall be split as
follows:
1.
Twenty-five percent (25%) to the receiving track where the interstate
wagering occurs;
2.
Twenty-five percent (25%) to the Thoroughbred host track
designated by paragraphs (a) and (e) of this subsection. However, if
the race does not occur between the first awarded day of a live meet
and the last awarded day of the same live meet, an additional
twenty-five percent (25%) shall be retained by the receiving track
where the interstate wagering occurs;
3.
Twenty-five percent (25%) to the purse program of the receiving
track where the interstate wagering occurs; and
4.
Twenty-five percent (25%) to the purse program of the
Thoroughbred host track designated by paragraphs (a) and (e) of
this subsection. However, if the race does not occur between the
first awarded day of a live meet and the last awarded day of the
same live meet, then an additional twenty-five percent (25%) shall
be paid to the purse program of the receiving track where the
interstate wagering occurs.
A simulcast facility's commission on interstate wagering on Thoroughbred
racing, after deduction of applicable taxes and any amounts required to
(2)
be paid by contract to the track from which the interstate simulcast
originated, shall be split as provided in KRS 230.380(9).
A harness track licensed to conduct harness racing may receive interstate
simulcasts of harness horse, quarter horse, Appaloosa, and Arabian horse
races and conduct interstate wagering thereon subject to the following
limitations:
(a) A harness receiving track may receive interstate simulcasts of harness
races, quarter horse races, Appaloosa races, and Arabian horse races,
and conduct interstate wagering thereon at any time of day and during the
course of any live harness horse race meet conducted in the
Commonwealth of Kentucky so long as the harness receiving track
conducting interstate wagering remits to the harness host track
conducting a live meet, from the first awarded day of its live meet through
the last awarded day of the same live meet, the amounts provided in
paragraph (j) of this subsection.
(b) A harness host track which receives an interstate simulcast and conducts
interstate wagering thereon during its live race meet shall offer the
simulcasts to all Thoroughbred receiving tracks not subject to the
provisions of KRS 230.377(2), all harness tracks, and all simulcast
facilities through the intertrack wagering system.
(c) Except as otherwise prohibited by law, a harness receiving track or a
simulcast facility shall conduct intertrack wagering on all live races of a
harness host track on any day it receives an interstate simulcast from a
harness host track.
(d) No host track shall require that any receiving track or simulcast facility
receive the interstate simulcast.
(e) If more than one (1) harness track conducts live racing at the same time
on the same day, no track or simulcast facility may receive an interstate
simulcast on harness races unless all harness tracks conducting live
racing at that time of day agree upon the interstate simulcast to be
received and the division of the harness host track's commission. If more
than one (1) harness track conducts live racing at different times on the
same day, the harness host track with the highest average daily handle,
based on the preceding year, shall be the host track for purposes of
splitting the commissions earned on interstate wagering at receiving
tracks within the Commonwealth. For purposes of this subsection,
average daily handle includes live handle, intertrack wagering handle, and
simulcast facility handle. Also for purposes of this subsection, the time of
day during which a host track conducts live racing commences with its
first published post time and conclude ten (10) minutes after the published
post time of its last race of the day, regardless of actual post times.
(f) Each harness track which desires to conduct interstate wagering
pursuant to the provisions of this subsection shall during each year make
application to the racing commission for no less than one hundred percent
(100%) of the number of racing days awarded to the track in 1994 and
one hundred percent (100%) of the number of races scheduled to be run
by the track in 1993.
(g)
(3)
Notwithstanding paragraph (f) of this subsection, any harness track may
apply for less than one hundred percent (100%) of the number of racing
days awarded to the track in 1994 or one hundred percent (100%) of the
number of races scheduled to be run by the track in 1993, if written
approval is obtained from the Kentucky Harness Horsemen's Association,
or its successor.
(h) A separate accounting on all interstate simulcasting shall be submitted to
the racing commission. This accounting shall be submitted in the same
format and at the same time that the report for intertrack wagering is
submitted.
(i) If the only simulcast or simulcasts a track participating as a harness host
track makes available for interstate wagering through this state's
intertrack wagering system on any race day are harness horse races
(both final and elimination) having a final purse in excess of seventy-five
thousand dollars ($75,000), then the commission of the receiving track on
these interstate wagers shall be split as prescribed by KRS 230.378(3);
otherwise, the commission of the receiving track shall be split as
prescribed by paragraph (j) of this subsection. Interstate simulcasts
received by a harness host track under the conditions set forth in this
paragraph shall not be subject to the conditions set forth in paragraphs
(b), (c), (e), and (f) of this subsection.
(j) A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the
track from which the interstate simulcast originated, shall be split as
follows:
1.
Twenty-five percent (25%) to the receiving track where the interstate
wagering occurs;
2.
Twenty-five percent (25%) to the harness host track designated by
paragraphs (a) and (e) of this subsection. However, if no live meet is
occurring, an additional twenty-five percent (25%) shall be retained
by the receiving track where the interstate wagering occurs;
3.
Twenty-five percent (25%) to the purse program of the receiving
track where the interstate wagering occurs; and
4.
Twenty-five percent (25%) to the purse program of the harness host
track designated by paragraphs (a) and (e) of this subsection.
However, if no live meet is occurring, an additional twenty-five
percent (25%) shall be paid to the purse program of the receiving
track where the interstate wagering occurs.
(k) A simulcast facility's commission on interstate wagering on harness
races, after deduction of applicable taxes and any amount required to be
paid by contract to the track from which the interstate simulcast
originated, shall be split as provided in KRS 230.380(9).
A harness track may only receive interstate simulcasts of Thoroughbred horse
races and conduct interstate wagering thereon as provided in subsection (1)(b)
of this section. A Thoroughbred track may only receive interstate simulcasts of
harness horse races and conduct interstate wagering thereon as provided in
subsection (2)(b) of this section. A simulcast facility may only receive interstate
(4)
(5)
(6)
simulcasts of Thoroughbred and harness horse races and conduct interstate
wagering thereon as provided in subsections (1)(b) and (2)(b) of this section.
(a) A Thoroughbred track licensed to conduct horse racing may receive
interstate simulcasts of quarter horse, Appaloosa, and Arabian horse
races and conduct interstate wagering thereon, subject to the limitations
stated in paragraph (b) of this subsection.
(b) A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the
track from which the interstate simulcast originated, shall be split as
follows:
1.
Twenty-five percent (25%) to the receiving track where the interstate
wagering occurs;
2.
Twenty-five percent (25%) to the host track; and
3.
Fifty percent (50%) to the Kentucky quarter horse, Appaloosa, and
Arabian purse fund established by KRS 230.446 to supplement
purses for quarter horse, Appaloosa, and Arabian horse races in this
state.
(a) A harness track licensed to conduct horse racing may receive interstate
simulcasts of quarter horse, Appaloosa, and Arabian horse races and
conduct interstate wagering thereon, subject to the limitations stated in
paragraphs (b) and (c) of this subsection.
(b) A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the
track from which the interstate simulcast originated, shall be split as
follows:
1.
Twenty-five percent (25%) to the purse program of the receiving
track;
2.
Twenty-five percent (25%) to the purse program of the host track;
3.
Twenty-five percent (25%) to the receiving track; and
4.
Twenty-five percent (25%) to the host track.
(c) When a quarter horse, Appaloosa, or Arabian horse race is run at a
Kentucky race track, the commission to the Kentucky quarter horse,
Appaloosa, and Arabian purse fund established by KRS 230.446 shall be
twenty-two percent (22%) from the host track's purse share.
Other provisions of the Kentucky Revised Statutes notwithstanding, any track
in a geographic area that contains more than one (1) track within a fifty (50)
mile radius of any other track may only receive interstate simulcasts on racing
of the same breed of horse as the track was licensed to race on or before July
15, 1998, except any track may receive interstate simulcasts on quarter horse,
Appaloosa, or Arabian horse races.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 21, sec. 2, effective July 12, 2012. -Amended 2010 Ky. Acts ch. 24, sec. 477, effective July 15, 2010; and ch. 57,
sec. 2, effective July 15, 2010. -- Amended 2004 Ky. Acts ch. 191, sec. 33,
effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 104, sec. 3, effective
June 24, 2003. -- Amended 1998 Ky. Acts ch. 245, sec. 2, effective July 15,
1998. -- Created 1994 Ky. Acts ch. 438, sec. 1, effective July 15, 1994.
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