S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4476
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 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
 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09557-01-3
              

 A. 4476                             2
 
 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  TWENTY-THREE, TWO PERCENT; FOR CALENDAR YEAR TWO
 THOUSAND TWENTY-FOUR, ONE AND ONE-HALF PERCENT; FOR  CALENDAR  YEAR  TWO
 THOUSAND  TWENTY-FIVE,  ONE  PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND
 TWENTY-SIX, ONE-HALF OF ONE PERCENT. THERE SHALL  BE  NO  FURTHER  ADDI-
 TIONAL  PAYMENT  OBLIGATION  PURSUANT  TO  THIS SUBDIVISION FOR CALENDAR
 YEARS COMMENCING ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY-SEVEN.
 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. 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-jurisdictional account wagering providers  from  customers  within
 New York state shall be excluded.
   § 2. This act shall take effect immediately.