S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4746
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 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
   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.
                                                            LBD09461-01-3
              

 A. 4746                             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. 4746                             3
 
 GRAPH:  (I) FOR PURPOSES OF CALCULATING THE PAYMENTS TO BE MADE PURSUANT
 TO THIS PARAGRAPH FOR  CALENDAR  YEAR  TWO  THOUSAND  TWENTY-THREE,  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-THREE 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 CORPO-
 RATION  SHALL HAVE ANY FURTHER PAYMENT OBLIGATION PURSUANT TO THIS PARA-
 GRAPH WITH RESPECT TO CALENDAR YEARS  COMMENCING  ON  OR  AFTER  JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR.
   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-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 ADDITIONAL PAYMENT
 OBLIGATION PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEARS  COMMENCING  ON
 OR  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-SIX.  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 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.
   § 4. This act shall take effect immediately.