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

                                  6916

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2009
                               ___________

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
  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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09417-01-9
              

A. 6916                             2

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
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

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TWO THOUSAND NINE, 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 NINE
COMPARED WITH THE NUMBER OF RACING  PROGRAMS  CONDUCTED  BY  SUCH  TRACK
DURING  THE  TWO  THOUSAND TWO 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 TEN.
  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 NINE, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND TEN,  ONE
AND  ONE-HALF  PERCENT;  FOR  CALENDAR  YEAR  TWO  THOUSAND  ELEVEN, ONE
PERCENT; AND FOR CALENDAR YEAR TWO  THOUSAND  TWELVE,  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 TWELVE.  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.