§ 1017. Out-of-state or out-of-country races. 1. Licensed simulcast
facilities may accept wagers and display the signal of out-of-state or
out-of-country thoroughbred tracks after 7:30 P.M. in accordance with
the provisions of this section. Such simulcasting may include mixed
meetings if such meetings are integral to such racing programs and all
such wagering on such races shall be construed to be thoroughbred races.
For facilities located within the special betting district, such
approval shall also be required from a thoroughbred racing corporation
during the period a racing program is being conducted at such track.
Such approval shall not be required on any day such thoroughbred racing
corporation is also accepting an out-of-state or out-of-country signal
and wager, as authorized by this section. The provisions of section one
thousand sixteen of this article shall be applicable to the conduct of
such simulcasting and the provisions of clauses (A) and (B) of
subparagraph four of paragraph b of subdivision one of section one
thousand sixteen of this article shall apply to those facilities
licensed in accordance with sections one thousand eight and one thousand
nine of this article and the provisions of clauses (A) and (B) of
subparagraph six of paragraph b of subdivision one of section one
thousand sixteen of this article shall apply to those facilities
licensed in accordance with section one thousand seven of this article,
when such provisions are in full force and effect pursuant to such
section. Provided, however, the provisions of section one thousand
fourteen of this article shall be applicable to the conduct of such
simulcasting, when such provisions are in full force and effect pursuant
to such section.

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
schedule 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. 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 of its proportionate share of
such excess handle. In any region where there are two or more regional
harness tracks, such two percent 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-jurisdictional account wagering providers from customers within
New York state shall be excluded.