A3647A-2011 Actions

• Jan 24, 2012: print number 3647a
• Jan 24, 2012: amend and recommit to racing and wagering
• Jan 4, 2012: referred to racing and wagering
• Jan 26, 2011: referred to racing and wagering

A3647A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3647--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 26, 2011
                                 ___________

  Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
    tee on Racing and Wagering -- recommitted to the Committee  on  Racing
    and  Wagering  in accordance with Assembly Rule 3, sec. 2 -- committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
    relation  to  payments  by  off-track betting corporations to regional
    licensed harness tracks

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Clause (E) of subparagraph 5 of paragraph b of subdivision
  1 of section 1016 of the racing, pari-mutuel wagering and breeding  law,
  as  amended  by  chapter  18  of the laws of 2008, is amended to read as
  follows:

    (E) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
  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] A 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 meet-
  ing and three and four-tenths percent  of  such  bets  if  there  is  no
  regional meeting.
    (ii)  [Such]  A licensed regional harness track shall receive [one and
  one-half] THREE-QUARTERS OF ONE per centum on total regional  handle  on
  races conducted at out-of-state or out-of-country thoroughbred tracks.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05796-03-1

 A. 3647--A                          2

    (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.]
    S  2.  Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
  section 1016 of the racing, pari-mutuel wagering and  breeding  law,  as
  amended  by  chapter  18  of  the  laws  of  2008, is amended to read as
  follows:

    (F) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
  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] A 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 meet-
  ing and three and four-tenths percent  of  such  bets  if  there  is  no
  regional meeting.
    (ii)  [Such]  A licensed regional harness track shall receive [one and
  one-half] THREE-QUARTERS OF ONE per centum 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.]
    S 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
  and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
  amended to read as follows:

    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 fifteen 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 reven-
  ues derived from any simulcasting conducted pursuant to this section and

 A. 3647--A                          3

  section one thousand fifteen  of  this  article.    NOTWITHSTANDING  ANY
  INCONSISTENT  PROVISION OF THIS PARAGRAPH: (I) FOR PURPOSES OF CALCULAT-
  ING THE PAYMENTS TO BE MADE PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEAR
  TWO  THOUSAND  TWELVE,  THE  AMOUNT  OTHERWISE  PAYABLE,  IF  ANY, BY AN
  OFF-TRACK BETTING CORPORATION TO  A  REGIONAL  HARNESS  TRACK  SHALL  BE
  REDUCED  IN PROPORTION TO THE REDUCTION, IF ANY, IN THE NUMBER OF RACING
  PROGRAMS CONDUCTED BY THE REGIONAL HARNESS  TRACK  DURING  TWO  THOUSAND
  TWELVE  COMPARED  WITH  THE  NUMBER OF RACING PROGRAMS CONDUCTED BY SUCH
  TRACK DURING THE TWO THOUSAND FOUR BASE CALENDAR YEAR; AND (II) NO  OFF-
  TRACK  BETTING  CORPORATION  SHALL  HAVE  ANY FURTHER PAYMENT OBLIGATION
  PURSUANT TO THIS PARAGRAPH WITH RESPECT TO CALENDAR YEARS COMMENCING  ON
  OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN.
    b.  Additional payments. During each calendar year, to the extent, and
  at such time in the event,  that  aggregate  statewide  wagering  handle
  after  7Labor 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] THE FOLLOWING PERCENTAGE of its
  proportionate share of such excess handle: FOR  CALENDAR  YEARS  THROUGH
  TWO  THOUSAND  TWELVE, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND THIR-
  TEEN, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND FOURTEEN,
  ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, ONE-HALF OF ONE
  PERCENT. THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT OBLIGATION  PURSU-
  ANT  TO THIS PARAGRAPH FOR CALENDAR YEARS COMMENCING ON OR AFTER JANUARY
  FIRST, TWO THOUSAND FIFTEEN.  In any region where there are two or  more
  regional  harness  tracks,  such  [two  percent] PAYMENT AMOUNT shall be
  divided between or among the tracks in a proportion equal to the propor-
  tion 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.
    S 4. This act shall take effect immediately.