Bill Text: NY A03647 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for payments to licensed harness tracks by regional off-track betting corporations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-24 - print number 3647a [A03647 Detail]
Download: New_York-2011-A03647-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3647
2011-2012 Regular Sessions
I N A S S E M B L Y
January 26, 2011
___________
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:
1 Section 1. Clause (E) of subparagraph 5 of paragraph b of subdivision
2 1 of section 1016 of the racing, pari-mutuel wagering and breeding law,
3 as amended by chapter 18 of the laws of 2008, is amended to read as
4 follows:
5 (E) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
6 when a franchised corporation is not conducting a race meeting [and when
7 a licensed harness track is neither accepting wagers nor displaying the
8 signal from an in-state thoroughbred corporation or association or an
9 out-of-state thoroughbred track]:
10 (i) [Such] A licensed regional harness track shall receive in lieu of
11 any other payments on wagers placed at off-track betting facilities
12 outside the special betting district on races conducted by an in-state
13 thoroughbred racing corporation, two and eight-tenths percent on regular
14 and multiple bets during a regional meeting and one and nine-tenths
15 percent of such bets if there is no regional meeting and four and eight-
16 tenths percent on exotic bets on days on which there is a regional meet-
17 ing and three and four-tenths percent of such bets if there is no
18 regional meeting.
19 (ii) [Such] A licensed regional harness track shall receive [one and
20 one-half] THREE-QUARTERS OF ONE per centum on total regional handle on
21 races conducted at out-of-state or out-of-country thoroughbred tracks.
22 (iii) In those regions in which there is more than one licensed
23 regional harness track, [if no track is accepting wagers or displaying
24 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.
LBD05796-01-1
A. 3647 2
1 shall be divided among the tracks in proportion to the ratio the wagers
2 placed on races conducted by each track bears to the corporation's total
3 in-region harness handle. [If one or more tracks are accepting wagers or
4 displaying the live simulcast signal, the total amount shall be divided
5 among those tracks not accepting wagers or displaying the simulcast
6 signal for an out-of-state track or in-state thoroughbred corporation or
7 association.]
8 S 2. Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
9 section 1016 of the racing, pari-mutuel wagering and breeding law, as
10 amended by chapter 18 of the laws of 2008, is amended to read as
11 follows:
12 (F) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
13 when a franchised corporation is not conducting a race meeting [and when
14 a licensed harness track is neither accepting wagers nor displaying the
15 signal from an in-state thoroughbred corporation or association or an
16 out-of-state thoroughbred track]:
17 (i) [Such] A licensed regional harness track shall receive in lieu of
18 any other payments on wagers placed at off-track betting facilities
19 outside the special betting district on races conducted by an in-state
20 thoroughbred racing corporation, two and eight-tenths percent on regular
21 and multiple bets during a regional meeting and one and nine-tenths
22 percent of such bets if there is no regional meeting and four and eight-
23 tenths percent on exotic bets on days on which there is a regional meet-
24 ing and three and four-tenths percent of such bets if there is no
25 regional meeting.
26 (ii) [Such] A licensed regional harness track shall receive [one and
27 one-half] THREE-QUARTERS OF ONE per centum on total regional handle on
28 races conducted at out-of-state or out-of-country thoroughbred tracks.
29 (iii) In those regions in which there is more than one licensed
30 regional harness track, [if no track is accepting wagers or displaying
31 the live simulcast signal from the out-of-state track,] the total sum
32 shall be divided among the tracks in proportion to the ratio the wagers
33 placed on races conducted by each track bears to the corporation's total
34 in-region harness handle. [If one or more tracks are accepting wagers or
35 displaying the live simulcast signal, the total amount shall be divided
36 among those tracks not accepting wagers or displaying the simulcast
37 signal for an out-of-state track or in-state thoroughbred corporation.]
38 S 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
39 and breeding law, as amended by chapter 18 of the laws of 2008, is
40 amended to read as follows:
41 2. a. Maintenance of effort. Any off-track betting corporation which
42 engages in accepting wagers on the simulcasts of thoroughbred races from
43 out-of-state or out-of-country as permitted under subdivision one of
44 this section shall submit to the board, for its approval, a schedule of
45 payments to be made in any year or portion thereof, that such off-track
46 corporation engages in nighttime thoroughbred simulcasting. In order to
47 be approved by the board, the payment schedule shall be identical to the
48 actual payments and distributions of such payments to tracks and purses
49 made by such off-track corporation pursuant to the provisions of section
50 one thousand fifteen of this article during the year two thousand two,
51 as derived from out-of-state harness races displayed after 6:00 P.M. If
52 approved by the board, such scheduled payments shall be made from reven-
53 ues derived from any simulcasting conducted pursuant to this section and
54 section one thousand fifteen of this article. NOTWITHSTANDING ANY
55 INCONSISTENT PROVISION OF THIS PARAGRAPH: (I) FOR PURPOSES OF CALCULAT-
56 ING THE PAYMENTS TO BE MADE PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEAR
A. 3647 3
1 TWO THOUSAND ELEVEN, THE AMOUNT OTHERWISE PAYABLE, IF ANY, BY AN
2 OFF-TRACK BETTING CORPORATION TO A REGIONAL HARNESS TRACK SHALL BE
3 REDUCED IN PROPORTION TO THE REDUCTION, IF ANY, IN THE NUMBER OF RACING
4 PROGRAMS CONDUCTED BY THE REGIONAL HARNESS TRACK DURING TWO THOUSAND
5 ELEVEN COMPARED WITH THE NUMBER OF RACING PROGRAMS CONDUCTED BY SUCH
6 TRACK DURING THE TWO THOUSAND FOUR BASE CALENDAR YEAR; AND (II) NO OFF-
7 TRACK BETTING CORPORATION SHALL HAVE ANY FURTHER PAYMENT OBLIGATION
8 PURSUANT TO THIS PARAGRAPH WITH RESPECT TO CALENDAR YEARS COMMENCING ON
9 OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE.
10 b. Additional payments. During each calendar year, to the extent, and
11 at such time in the event, that aggregate statewide wagering handle
12 after 7Labor P.M. on out-of-state and out-of-country thoroughbred races
13 exceeds one hundred million dollars, each off-track betting corporation
14 conducting such simulcasting shall pay to its regional harness track or
15 tracks, an amount equal to [two percent] THE FOLLOWING PERCENTAGE of its
16 proportionate share of such excess handle: FOR CALENDAR YEARS THROUGH
17 TWO THOUSAND ELEVEN, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND TWELVE,
18 ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND THIRTEEN, ONE
19 PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND FOURTEEN, ONE-HALF OF ONE
20 PERCENT. THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT OBLIGATION PURSU-
21 ANT TO THIS PARAGRAPH FOR CALENDAR YEARS COMMENCING ON OR AFTER JANUARY
22 FIRST, TWO THOUSAND FOURTEEN. In any region where there are two or more
23 regional harness tracks, such [two percent] PAYMENT AMOUNT shall be
24 divided between or among the tracks in a proportion equal to the propor-
25 tion of handle on live harness races conducted at such tracks during the
26 preceding calendar year. Fifty percent of the sum received by each track
27 pursuant to this paragraph shall be used exclusively for increasing
28 purses, stakes and prizes at that regional harness track.
29 S 4. This act shall take effect immediately.
