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

                                   892

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation  to  payments  by  off track betting corporations to regional
  harness tracks for out-of-state and out-of-country simulcasting reven-
  ue

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

  Section  1.  Subdivision  2 of section 1017 of the racing, pari-mutuel
wagering and breeding law, as amended by chapter  174  of  the  laws  of
2013, 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 commission, for its approval, a sched-
ule 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 commission, 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 commission, such  scheduled
payments  shall  be  made  from  revenues  derived from any simulcasting
conducted pursuant to this section and section one thousand  fifteen  of
this article.
  b.  Additional  payments.] 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 corpo-
ration  conducting  such  simulcasting shall pay to its regional harness

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05469-01-5
              

A. 892                              2

track or tracks, an amount equal to [two percent] THE FOLLOWING PERCENT-
AGE of its proportionate share of such excess handle: FOR CALENDAR YEARS
THROUGH TWO THOUSAND FIFTEEN, TWO PERCENT; FOR CALENDAR YEAR  TWO  THOU-
SAND  SIXTEEN,  ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND
SEVENTEEN, ONE PERCENT; AND FOR CALENDAR  YEAR  TWO  THOUSAND  EIGHTEEN,
ONE-HALF  OF  ONE  PERCENT. THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT
OBLIGATION PURSUANT TO THIS SUBDIVISION FOR CALENDAR YEARS COMMENCING ON
OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN. 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 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] SUBDIVISION shall be
used  exclusively  for  increasing  purses,  stakes  and  prizes at that
regional harness track. For the  purpose  of  determining  whether  such
aggregate  statewide  handle  exceeds  one  hundred million dollars, all
wagering on such thoroughbred races accepted by licensed multi-jurisdic-
tional account wagering providers from customers within New  York  state
shall be excluded.
  S 2. This act shall take effect immediately.