S T A T E O F N E W Y O R K
________________________________________________________________________
6124
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 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 percent of wagers made at off-track betting facilities
conducted by in-state thoroughbred racing corporations; and repealing
certain provisions of such law relating thereto
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wagering and breeding law is REPEALED.
S 2. Subparagraphs 1 and 2 of paragraph h of subdivision 1 of section
1014 of the racing, pari-mutuel wagering and breeding law, as amended by
chapter 18 of the laws of 2008, are amended to read as follows:
(1) Licensed harness tracks 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] ONE AND FOUR-TENTHS percent
on regular and multiple bets during a regional meeting and [one and
nine-tenths] NINETY FIVE-HUNDREDTHS percent of such bets if there is no
regional meeting and [four and eight-tenths] TWO AND FOUR-TENTHS percent
on exotic bets on days on which there is a regional meeting and [three
and four-tenths] ONE AND SEVEN-TENTHS percent of such bets if there is
no regional meeting.
(2) (i) In addition, licensed harness tracks shall receive [one and
one-half] THREE-QUARTERS per centum, TO BE USED EXCLUSIVELY TO INCREASE
PURSES, on total handle on races conducted at an out-of-state or out-of-
country thoroughbred track provided such harness track is neither
accepting wagers nor displaying the signal from an out-of-state track.
(ii) In those regions in which there is more than one licensed 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09871-01-5
A. 6124 2
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.
S 3. Paragraph b of subdivision 3 of section 1015 of the racing, pari-
mutuel wagering and breeding law, as amended by section 22 of part F3 of
chapter 62 of the laws of 2003 and such section as renumbered by chapter
18 of the laws of 2008, is amended to read as follows:
b. For off-track betting facilities, (1) of the sums so retained, the
applicable tax rate shall be one percent of all such wagers;
(2) of the sum so retained, one percent of all wagers shall be paid to
the New York state agricultural and horse breeding and development fund;
(3) of the sum so retained, [five] TWO AND ONE-HALF percent shall be
paid to the regional licensed harness track to be USED EXCLUSIVELY TO
INCREASE PURSES AND STAKES distributed in the same manner as though such
payments were on races conducted at such track;
(4) of the sum so retained, an additional one percent of all wagers
shall be paid to the regional licensed harness track for the purpose of
increasing purses.
S 4. Subparagraphs 3, 4, 5 and 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, are amended to read as
follows:
(3) Distribution of wagers placed on the initial out-of-state
thoroughbred track at facilities licensed in accordance with sections
one thousand eight and one thousand nine of this article.
(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
Super-
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 1.50 1.50 1.50 1.50
[Non-franchised
Thoroughbred Racing
corporation 0.50 0.50 0.50 0.50]
Non-franchised
Thoroughbred Racing
corporation payments to purses 1.50 2.00 1.50 2.00
[Franchised corporation 0.50 0.50 0.50 0.50]
Franchised corporation
payments to purses 2.00 2.00 2.50 4.00
(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
Super-
Regular Multiple Exotic exotic
bets bets bets bets
A. 6124 3
State Tax 1.00 1.00 1.00 1.00
[Non-franchised
Thoroughbred Racing
corporation 0.50 0.50 0.50 0.00]
Non-franchised
Thoroughbred Racing
corporation payments to purses 0.50 0.50 0.50 0.50
[Franchised corporation 2.00 1.50 1.50 2.00]
Franchised corporation
payments to purses 2.00 3.00 3.00 5.00
(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to the thoroughbred racing corporation to be
used exclusively for the purpose of increasing purses, including stakes,
premiums and prizes.
(4) Distribution of wagers placed on other than the initial out-of-
state thoroughbred track at facilities licensed in accordance with
sections one thousand eight and one thousand nine of this article.
(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
Super-
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
Non-franchised
Thoroughbred Racing 2.00 2.00 2.00 2.50
corporation payments to purses
[Franchised corporation 1.00 1.00 1.00 1.00]
Franchised corporation
payments to purses 2.00 2.00 2.50 4.00
(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
Super-
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 0.50 0.50 0.50 0.50
[Non-franchised
Thoroughbred racing 0.50 0.25 0.50 0.50]
corporation
Non-franchised
Thoroughbred racing 0.50 0.25 0.50 0.50
corporation payments to purses
A. 6124 4
[Franchised corporation 2.25 2.25 2.00 2.50]
Franchised corporation
payments to purses 2.25 3.25 3.00 4.50
(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to the thoroughbred racing corporation or to
the franchised corporation to be used exclusively for the purpose of
increasing purses, including stakes, premiums and prizes.
(D) On days when no thoroughbred track is conducting a race meeting,
facilities licensed in accordance with sections one thousand eight and
one thousand nine of this article are authorized to accept the simulcast
signal from more than two out-of-state thoroughbred tracks. The distrib-
ution of wagers on such out-of-state thoroughbred track or tracks shall
be in accordance with clause (B) of this subparagraph.
(5) Distribution of wagers placed on the initial out-of-state
thoroughbred track at facilities licensed in accordance with section one
thousand seven of this article.
(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
Super-
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 1.50 1.50 1.50 1.50
[Non-franchised
Thoroughbred racing 0.25 0.25 0.25 0.50]
corporation
Non-franchised
Thoroughbred racing 0.75 1.00 0.75 1.00
corporation payments to purses
[Franchised corporation 0.25 0.25 0.25 0.25]
Franchised corporation
payments to purses 1.00 1.00 2.25 2.00
(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
Super-
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
[Non-franchised
Thoroughbred racing
corporation 0.25 0.25 0.25 0.25]
Non-franchised
Thoroughbred racing
corporation payments to purses 0.25 0.25 0.25 0.25
A. 6124 5
[Franchised corporation 1.00 0.75 0.75 1.00]
Franchised corporation
payments to purses 1.00 1.50 1.50 2.50
(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to a thoroughbred racing corporation to be
used exclusively for the purpose of increasing purses, including stakes,
premiums and prizes.
(D) For wagers placed at a thoroughbred racing corporation the state
tax shall be the amounts specified in clauses (A) and (B) of this
subparagraph and retention thereafter shall be identical to sums
retained for each type of on-track wager.
(E) On days 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 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 thorough-
bred racing corporation, [two and eight-tenths] ONE AND FOUR-TENTHS
percent on regular and multiple bets during a regional meeting and [one
and nine-tenths] NINETY-FIVE ONE-HUNDREDTHS percent of such bets if
there is no regional meeting and [four and eight-tenths] TWO AND
FOUR-TENTHS percent on exotic bets on days on which there is a regional
meeting and [three and four-tenths] ONE AND SEVEN-TENTHS percent of such
bets if there is no regional meeting.
(ii) Such licensed regional harness track shall receive [one and one-
half] THREE-QUARTERS 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 or
association.
(F) Of the sums retained by a licensed harness facility, fifty percent
shall be used exclusively for purses awarded in races conducted by such
licensed facility and the remaining fifty percent shall be retained by
such licensed facility for its general purposes, provided, however, that
in a harness special betting district the portion of the sums retained
by a licensed harness facility to be used for purses or the methodology
for calculating the amount to be used for purses may be specified in a
written contract between a harness racing association or corporation and
its representative horsemen's association.
(6) Distribution of wagers placed on other than the initial out-of-
state thoroughbred track at facilities licensed in accordance with
section one thousand seven of this article.
(A) Of the sums so retained on days when a franchised corporation is
not conducting a race meeting within the state and a thoroughbred racing
corporation is conducting a race meeting
Super-
A. 6124 6
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 1.00 1.00 1.00 1.00
Non-franchised
Thoroughbred Racing
corporation payments to purses 1.00 1.00 1.00 1.25
[Franchised corporation 0.50 0.50 0.50 0.50]
Franchised corporation
payments to purses 1.00 1.00 1.25 2.00
(B) Of the sums so retained on days when a franchised corporation is
conducting a race meeting within the state
Super-
Regular Multiple Exotic exotic
bets bets bets bets
State Tax 0.50 0.50 0.50 0.50
[Non-franchised
Thoroughbred Racing
corporation 0.25 0.25 0.25 0.25]
Non-franchised
Thoroughbred Racing
corporation payments to purses 0.25 0.25 0.25 0.25
[Franchised corporation 1.25 1.25 1.00 1.25]
Franchised corporation
payments to purses 1.25 2.00 1.50 2.25
(C) Payments to purses as required under clauses (A) and (B) of this
subparagraph shall be paid to a thoroughbred racing corporation or to
the franchised corporation to be used exclusively for the purpose of
increasing purses, including stakes, premiums and prizes.
(D) For wagers placed at a franchised corporation or a thoroughbred
racing corporation the state tax shall be the amounts specified in
clauses (A) and (B) of this subparagraph and retention thereafter shall
be identical to sums retained for each type of on-track wager.
(E) On days when no thoroughbred track is conducting a race meeting,
facilities licensed in accordance with section one thousand seven of
this article are authorized to accept the simulcast signal from out-of-
state thoroughbred tracks. The distribution of wagers on such out-of-
state thoroughbred track or tracks shall be in accordance with clause
(B) of this subparagraph.
(F) On days 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 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 thorough-
A. 6124 7
bred racing corporation, [two and eight-tenths] FOUR AND TWO-TENTHS
percent on regular and multiple bets during a regional meeting and [one
and nine-tenths] NINETY-FIVE ONE-HUNDRETHS percent of such bets if there
is no regional meeting and [four and eight-tenths] TWO AND FOUR-TENTHS
percent on exotic bets on days on which there is a regional meeting and
[three and four-tenths] ONE AND SEVEN-TENTHS percent of such bets if
there is no regional meeting.
(ii) Such licensed regional harness track shall receive [one and one-
half] THREE-QUARTERS 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.
(G) Of the sums retained by a licensed harness facility, fifty percent
shall be used exclusively for purses awarded in races conducted by such
licensed facility and the remaining fifty percent shall be retained by
such licensed facility for its general purposes, provided, however, that
in a harness special betting district the portion of the sums retained
by a licensed harness facility to be used for purses or the methodology
for calculating the amount to be used for purses may be specified in a
written contract between a harness racing association or corporation and
its representative horsemen's association.
S 5. This act shall take effect immediately.