US Laws, Codes, Statutes & Cases

 
    §  1015.  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 non-profit racing  association  is  conducting  a
  race meeting in Saratoga county at Saratoga thoroughbred racetrack until
  June  thirtieth, two thousand seven and on any day regardless of whether
  or not a non-profit racing association is conducting a race  meeting  in
  Saratoga county at Saratoga thoroughbred racetrack after June thirtieth,
  two  thousand seven. On any day on which a non-profit racing association
  has not scheduled a racing program but a thoroughbred racing corporation
  located within the state is conducting racing, 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 board),  one  thousand  eight,  or  one
  thousand  nine  of this article shall be authorized to accept wagers and
  display the live simulcast signal from thoroughbred  tracks  located  in
  another state or foreign country subject to the following provisions:
    a.  Each  off-track  betting  branch  office  accepting  wagers  on an
  out-of-state track shall accept wagers on  races  run  at  the  in-state
  track  and  every  simulcasting  facility  licensed  in  accordance with
  sections one thousand seven, 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 the in-state track.
    b. Simulcasting facilities shall be authorized to  accept  wagers  and
  display the live simulcast signal from out-of-state thoroughbred tracks.
    c.  If a regional harness track is conducting racing on a day on which
  out-of-state  simulcasting  is   authorized,   the   off-track   betting
  corporation  shall  be  required  to  accept wagers and display the live
  simulcast signal of such races provided the  terms  and  conditions  for
  accepting  such  signal  are  no  less favorable than those in effect on
  April first, nineteen hundred ninety-three.
    d. Each off-track betting  corporation  shall  determine  the  average
  daily handle on the in-state thoroughbred corporation, the average daily
  handle from out-of-state tracks and the average total daily payment made
  to  the  in-state  thoroughbred  track  on  each  day  from April first,
  nineteen hundred ninety-three through  December  thirty-first,  nineteen
  hundred ninety-three on which the off-track betting corporation accepted
  wagers  on  races  conducted  at  such  track  and races conducted on an
  out-of-state track on a day on which no scheduled races  were  conducted
  by  a  non-profit racing association. This calculation shall be provided
  to the racing and wagering board and the chief executive officers of the
  in-state thoroughbred track and the horsemen's organization. If there is
  a dispute as to the amount of such calculations,  written  documentation
  from  the off-track betting corporation and the track, shall be supplied
  to the racing and wagering board which shall make a determination of the
  correct amounts which determination shall be final and  binding  on  all
  parties.
    e.  An amount equal to the calculated number shall be determined to be
  the amount payable to the in-state thoroughbred  racing  corporation  as
  though  such  number were calculated on actual handle, using the payment
  schedules, including distribution  to  purses,  of  article  five-A  and
  article  ten  of  this chapter provided such track conducts a program of
  racing equivalent in racing dates  and  wagering  opportunities  to  the
  nineteen hundred ninety-three program.
    f.  The  amount shall be distributed in accordance with the provisions
  of this section. The board shall determine the amount of  and  dates  of
  such  payments,  which  dates  shall, as far as practicable, reflect the
  payments made to such track during the  comparable  period  of  nineteen
  hundred ninety-three.
    g.  (1)  At  the  conclusion  of  the thoroughbred track corporation's
  nineteen hundred ninety-four racing season or as shortly  thereafter  as
  possible  but  not  later  than  December  twentieth,  nineteen  hundred
  ninety-four, the off-track  betting  corporations  and  the  racing  and
  wagering board shall determine the average daily handle for the in-state
  thoroughbred  racing  corporation and the average daily handle for races
  conducted at out-of-state or out-of-country  tracks.  If  average  daily
  handle  for any off-track betting corporation exceeds by ten percent the
  average daily handle as calculated in paragraph d of  this  subdivision,
  such   off-track   betting   corporation   shall  pay  to  the  in-state
  thoroughbred racing corporation an amount calculated by multiplying  the
  average daily handle in excess of one hundred ten percent of the average
  daily   handle   of  nineteen  hundred  ninety-three  by  the  effective
  commission  rate  paid  by  such   corporation   in   nineteen   hundred
  ninety-three.  Such  calculation shall be computed separately for handle
  on in-state tracks and handle on out-of-state tracks.
    (2) For purposes of this section, the effective commission rate  shall
  be  determined by dividing the total commission paid by the total handle
  rounded to the nearest hundredth.
    (3) For purposes of this chapter, total and average daily handle shall
  have the same meaning as total and average daily wagers or bets.
    h. (1) Licensed harness tracks 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.
    (2) (i) In addition, licensed harness tracks  shall  receive  one  and
  one-half   per   centum  on  total  handle  on  races  conducted  at  an
  out-of-state or out-of-country thoroughbred track provided such  harness
  track  is  neither  accepting  wagers  nor displaying the signal from an
  out-of-state track.
    (ii) In those regions in which there is more than one licensed 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.
    (3) The terms used in this section shall have the  same  applicability
  and  meaning  as  interpreted  and  applied  in  sections  five  hundred
  twenty-three and five hundred twenty-seven of this chapter.
    i. 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  per  centum  of  the  total  deposits in pools
  resulting from regular bets, less twenty-one per  centum  of  the  total
  deposits  in  pools  resulting  from  multiple bets, less twenty-six per
  centum of the total deposits in pools resulting from exotic  bets,  less
  thirty-six  per  centum  of  the  total deposits in pools resulting from
  super exotic bets plus the breaks as  defined  in  section  two  hundred
  twenty-eight  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 seven of this chapter.
    * (i) of the sum so retained, the applicable tax rate shall be one and
  three-tenths percent of all  such  wagers  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 per centum to each such fund.
    * NB Effective until March 31, 2007
    * (i) of the sum so retained, the applicable tax rate shall be one and
  one-half  percent  of  all such wagers 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 per centum to each such fund.
    * NB Effective March 31, 2007
    * (ii)  of the sums so retained, seven-tenths of one per centum 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 per centum shall be paid to the
  agricultural and New York State horse breeding and development fund.
    * NB Effective until March 31, 2007
    * (ii) of the sums so retained, one-half of  one  per  centum  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 per centum shall be paid to the
  agricultural and New York State horse breeding and development fund.
    * NB Effective March 31, 2007
    (iii)  of the sum so retained, two percent of all wagers shall be paid
  to a non-profit racing  association  to  be  used  exclusively  for  the
  purpose  of  increasing  purses,  including stakes, premiums and prizes,
  provided further that such amount shall not exceed the  amount  paid  to
  such non-profit racing association in nineteen hundred ninety-three from
  wagers  placed  on out-of-state tracks on a day when no racing was being
  conducted by the non-profit racing association and a racing program  was
  being  conducted  by  a  thoroughbred  racing corporation located in the
  state. The excess, if any,  shall  be  paid  to  a  thoroughbred  racing
  corporation  located  in  the  state until August thirty-first, nineteen
  hundred ninety-five and on and after  July  nineteen,  nineteen  hundred
  ninety-six  to be used exclusively for the purpose of increasing purses,
  including stakes, premiums and prizes. An additional two percent of  the
  sum  so  retained  shall  be paid to non-profit racing association until
  August thirty-first,  nineteen  hundred  ninety-five,  provided  however
  fifty  percent of such amounts shall be used exclusively for purses at a
  non-profit racing association.
    (iv) any thoroughbred racing association or corporation or  non-profit
  racing  association  or  harness  racing  association  or corporation or
  off-track betting corporation authorized pursuant to this section  shall
  pay  to  the racing and wagering board as a regulatory fee, which fee is
  hereby levied, fifty hundredths of one percent of all wagering pools.
    j.  (1)  All wagers authorized by this section shall be combined so as
  to produce common pari-mutuel betting pools for the calculation of  odds
  and the determination of payouts from such pools, which payouts shall be
  made  pursuant  to  the rules of the board. 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.
    k.  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
  board shall authorize the imposition  of  a  sum  equal  to  the  amount
  authorized  by  section  five  hundred  thirty-two of this chapter which
  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:
    (i) fifty percent shall be used  exclusively  for  purses  awarded  in
  races conducted by such licensed facility; and
    (ii) fifty percent shall be retained by such licensed facility for its
  general purposes.
    2.  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.