§ 526. Use of track facilities; combined pools. In order to effectuate
the general policy of this article that off-track and on-track wagers be
combined into single pools to provide uniform odds and payouts, track
operators shall be subject to the requirements of this section.

1. a. At the request of a regional corporation, a track operator
conducting a race meeting at a track in this state, shall, upon such
terms and conditions as may be agreed upon by such operator and the
corporation subject to the approval of the commission, provide
appropriate space and facilities at its track whereby the corporation
may perform the functions hereinafter described with respect to the
transmission and reception of wagering and racing information; provided,
however, that payments to the track operator pursuant to section five
hundred twenty-seven of this article shall be deemed adequate
consideration for the occupancy of vacant space at such track or the use
of existing facilities. The terms and conditions shall provide that the
corporation shall bear the cost of any additional office space or the
installation, leasing, operation, maintenance and servicing of
additional facilities or equipment.

b. In the event that a corporation and such operator shall be unable
to agree upon the space and facilities of such track to be provided to
the corporation by such operator, or the terms and conditions of the use
and occupancy thereof by the corporation, the commission shall, upon
application in writing made either by the corporation or by such
operator, determine the appropriate space and facilities to be provided
to such corporation and the terms, conditions and costs of its use and
occupancy by such corporation.

c. Upon the decision of the commission, the corporation shall be
entitled to use and occupy immediately the space and facilities
prescribed by the commission, upon the terms and conditions established
by the commission.

2. No track operator shall prevent a regional corporation from using
and occupying the space and facilities prescribed according to
subdivision one of this section, nor fail to cause off-track wagers to
be combined with on-track wagers into single pools, provided off-track
wagering information is transmitted to the track in an accurate and
timely fashion, nor prevent such transmission of racing information by
the regional corporation to its offices as may be consistent with the
regulations of the commission.

3. The commission shall be entitled to the use and occupancy of space
and facilities upon reasonable terms in like manner as a regional
corporation whenever the commission shall so require in order to perform
its statewide transmission function pursuant to section five hundred
twenty-five of this article. Any claim arising from such occupancy and
use shall be determined by the court of claims.

4. The commission, on its own behalf or on behalf of a regional
corporation, may apply to the supreme court for an injunction directing
any track operator to comply with this section. In any such action the
commission shall not be required to post bond or security.

5. Nothing contained in this section shall be construed as requiring
the commission or any regional corporation to pay or deliver to any
track operator any sum received from any bettor as a wager or otherwise,
but the net amount due from the commission or such regional corporation
to the operator, in the event that payments to winning bettors at the
track exceed the portion of the pari-mutuel pool attributable to such
bettors, or the net amount due from the operator to the commission or
regional corporation, in the event that payments to winning bettors off
the track exceed the portion of the pari-mutuel pool attributable to
such bettors, as the case may be, shall be paid within seven days of a
race.