S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1774
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 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 and item (ii) as amended by
 chapter 243 of the laws of 2020, 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  percent  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.
              

                                                            LBD06535-01-1

 A. 1774                             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.]
   §  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 and item (ii) as amended by
 chapter 243 of the laws of 2020, 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 percent  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.]
   § 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
 and  breeding  law,  as  amended  by chapter 174 of the laws of 2013 and
 paragraph a as amended by chapter 243 of the laws of 2020, is amended to
 read as follows:
   2. a. Maintenance of effort. Any off-track  betting  corporation  that
 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.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  PARA-

 A. 1774                             3
 
 GRAPH:  (I) FOR PURPOSES OF CALCULATING THE PAYMENTS TO BE MADE PURSUANT
 TO THIS PARAGRAPH FOR CALENDAR YEAR TWO THOUSAND TWENTY-ONE, 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 TWENTY-ONE COMPARED WITH THE NUMBER OF
 RACING  PROGRAMS  CONDUCTED BY SUCH TRACK DURING THE TWO THOUSAND TWELVE
 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
 TWENTY-TWO.
   b. Additional 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 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 TWENTY-ONE, TWO PERCENT; FOR  CALENDAR  YEAR  TWO  THOUSAND
 TWENTY-TWO,  ONE  AND  ONE-HALF  PERCENT; FOR CALENDAR YEAR TWO THOUSAND
 TWENTY-THREE, ONE PERCENT; AND FOR CALENDAR YEAR  TWO  THOUSAND  TWENTY-
 FOUR,  ONE-HALF  OF  ONE  PERCENT.  THERE SHALL BE NO FURTHER ADDITIONAL
 PAYMENT  OBLIGATION  PURSUANT  TO  THIS  PARAGRAPH  FOR  CALENDAR  YEARS
 COMMENCING  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.  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
 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.
   § 4. This act shall take effect immediately.