S T A T E   O F   N E W   Y O R K
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                                  3980

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05570-01-3
              

A. 3980                             2

AGE of its proportionate share of such  excess  handle:    FOR  CALENDAR
YEARS  THROUGH TWO THOUSAND THIRTEEN, TWO PERCENT; FOR CALENDAR YEAR TWO
THOUSAND FOURTEEN, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOU-
SAND  FIFTEEN,  ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND SIXTEEN,
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 SEVENTEEN. 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 propor-
tion  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.