New York Out-of-state Or Out-of-country Races.
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§ 1017-a. Out-of-state or out-of-country races. 1. Licensed simulcast
facilities may accept wagers and display the signal of out-of-state or
out-of-country thoroughbred tracks after 7:30 P.M. in accordance with
the provisions of this section. Such simulcasting may include mixed
meetings if such meetings are integral to such racing programs and all
such wagering on such races shall be construed to be thoroughbred races.
For facilities located within the special betting district, such
approval shall also be required from a thoroughbred racing association
or corporation during the period a racing program is being conducted at
such track. Such approval shall not be required on any day such
thoroughbred racing association or corporation is also accepting an
out-of-state or out-of-country signal and wager, as authorized by this
section. The provisions of section one thousand seventeen of this
article shall be applicable to the conduct of such simulcasting and the
provisions of clauses (A) and (B) of subparagraph four of paragraph b of
subdivision one of section one thousand seventeen of this article shall
apply to those facilities licensed in accordance with sections one
thousand eight and one thousand nine of this article and the provisions
of clauses (A) and (B) of subparagraph (6) of paragraph b of subdivision
one of section one thousand seventeen of this article shall apply to
those facilities licensed in accordance with section one thousand seven
of this article, when such provisions are in full force and effect
pursuant to such section. Provided, however, the provisions of section
one thousand fifteen of this article shall be applicable to the conduct
of such simulcasting, when such provisions are in full force and effect
pursuant to such section.
2. a. Maintenance of effort. Any off track betting corporation which
engages in accepting wagers on the simulcasts of thoroughbred races from
out-of-state or out-of-country as permitted under subdivision one of
this section shall submit to the board, for its approval, a schedule of
payments to be made in any year or portion thereof, that such off track
corporation engages in nighttime thoroughbred simulcasting. In order to
be approved by the board, the payment schedule shall be identical to the
actual payments and distributions of such payments to tracks and purses
made by such off track corporation pursuant to the provisions of section
one thousand sixteen of this article during the year two thousand two,
as derived from out-of-state harness races displayed after 6:00 P.M. If
approved by the board, such scheduled payments shall be made from
revenues derived from any simulcasting conducted pursuant to this
section and section one thousand sixteen of this article.
b. Additional payments. During each calendar year, to the extent, and
at such time in the event, that aggregate statewide wagering handle
after 7:30 P.M. on out-of-state and out-of-country thoroughbred races
exceeds one hundred million dollars, each off track betting corporation
conducting such simulcasting shall pay to its regional harness track or
tracks, an amount equal to two percent of its proportionate share of
such excess handle. In any region where there are two or more regional
harness tracks, such two percent shall be divided between or among the
tracks in a proportion equal to the proportion of handle on live harness
races conducted at such tracks during the preceding calendar year. Fifty
percent of the sum received by each track pursuant to this paragraph
shall be used exclusively for increasing purses, stakes and prizes at
that regional harness track.