S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3470
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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.
              

                                                            LBD04288-01-9

 A. 3470                             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 NINETEEN, TWO PERCENT; FOR CALENDAR YEAR TWO  THOU-
 SAND  TWENTY,  ONE  AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND
 TWENTY-ONE, ONE PERCENT; AND FOR  CALENDAR  YEAR  TWO  THOUSAND  TWENTY,
 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 TWENTY-THREE. 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. 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.
   § 2. This act shall take effect immediately.