S T A T E   O F   N E W   Y O R K
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                                 3520--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A.  PRETLOW, RA -- read once and referred to the
  Committee 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
  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 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.
  b.  Additional  payments]  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05801-03-1
              

A. 3520--A                          2

races exceeds one hundred million dollars, each off-track betting corpo-
ration conducting such simulcasting shall pay to  its  regional  harness
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 TWELVE, TWO PERCENT; FOR  CALENDAR  YEAR  TWO
THOUSAND THIRTEEN, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOU-
SAND  FOURTEEN, ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND FIFTEEN,
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 SIXTEEN. 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.
  S 2. This act shall take effect immediately.