Bill Text: NY A03647 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3647--A
                              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 -- recommitted to the Committee  on  Racing
         and  Wagering  in accordance with Assembly Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05796-03-1
       A. 3647--A                          2
    1    (iii)  In  those  regions  in  which  there  is more than one licensed
    2  regional harness track, [if no track is accepting wagers  or  displaying
    3  the  live  simulcast  signal from the out-of-state track,] the total sum
    4  shall be divided among the tracks in proportion to the ratio the  wagers
    5  placed on races conducted by each track bears to the corporation's total
    6  in-region harness handle. [If one or more tracks are accepting wagers or
    7  displaying  the live simulcast signal, the total amount shall be divided
    8  among those tracks not accepting  wagers  or  displaying  the  simulcast
    9  signal for an out-of-state track or in-state thoroughbred corporation or
   10  association.]
   11    S  2.  Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
   12  section 1016 of the racing, pari-mutuel wagering and  breeding  law,  as
   13  amended  by  chapter  18  of  the  laws  of  2008, is amended to read as
   14  follows:
   15    (F) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
   16  when a franchised corporation is not conducting a race meeting [and when
   17  a licensed harness track is neither accepting wagers nor displaying  the
   18  signal  from  an  in-state thoroughbred corporation or association or an
   19  out-of-state thoroughbred track]:
   20    (i) [Such] A licensed regional harness track shall receive in lieu  of
   21  any  other  payments  on  wagers  placed at off-track betting facilities
   22  outside the special betting district on races conducted by  an  in-state
   23  thoroughbred racing corporation, two and eight-tenths percent on regular
   24  and  multiple  bets  during  a  regional meeting and one and nine-tenths
   25  percent of such bets if there is no regional meeting and four and eight-
   26  tenths percent on exotic bets on days on which there is a regional meet-
   27  ing and three and four-tenths percent  of  such  bets  if  there  is  no
   28  regional meeting.
   29    (ii)  [Such]  A licensed regional harness track shall receive [one and
   30  one-half] THREE-QUARTERS OF ONE per centum on total regional  handle  on
   31  races conducted at out-of-state or out-of-country thoroughbred tracks.
   32    (iii)  In  those  regions  in  which  there  is more than one licensed
   33  regional harness track, [if no track is accepting wagers  or  displaying
   34  the  live  simulcast  signal from the out-of-state track,] the total sum
   35  shall be divided among the tracks in proportion to the ratio the  wagers
   36  placed on races conducted by each track bears to the corporation's total
   37  in-region harness handle. [If one or more tracks are accepting wagers or
   38  displaying  the live simulcast signal, the total amount shall be divided
   39  among those tracks not accepting  wagers  or  displaying  the  simulcast
   40  signal for an out-of-state track or in-state thoroughbred corporation.]
   41    S 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
   42  and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
   43  amended to read as follows:
   44    2. a. Maintenance of effort. Any off-track betting  corporation  which
   45  engages in accepting wagers on the simulcasts of thoroughbred races from
   46  out-of-state  or  out-of-country  as  permitted under subdivision one of
   47  this section shall submit to the board, for its approval, a schedule  of
   48  payments  to be made in any year or portion thereof, that such off-track
   49  corporation engages in nighttime thoroughbred simulcasting. In order  to
   50  be approved by the board, the payment schedule shall be identical to the
   51  actual  payments and distributions of such payments to tracks and purses
   52  made by such off-track corporation pursuant to the provisions of section
   53  one thousand fifteen of this article during the year two  thousand  two,
   54  as  derived from out-of-state harness races displayed after 6:00 P.M. If
   55  approved by the board, such scheduled payments shall be made from reven-
   56  ues derived from any simulcasting conducted pursuant to this section and
       A. 3647--A                          3
    1  section one thousand fifteen  of  this  article.    NOTWITHSTANDING  ANY
    2  INCONSISTENT  PROVISION OF THIS PARAGRAPH: (I) FOR PURPOSES OF CALCULAT-
    3  ING THE PAYMENTS TO BE MADE PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEAR
    4  TWO  THOUSAND  TWELVE,  THE  AMOUNT  OTHERWISE  PAYABLE,  IF  ANY, BY AN
    5  OFF-TRACK BETTING CORPORATION TO  A  REGIONAL  HARNESS  TRACK  SHALL  BE
    6  REDUCED  IN PROPORTION TO THE REDUCTION, IF ANY, IN THE NUMBER OF RACING
    7  PROGRAMS CONDUCTED BY THE REGIONAL HARNESS  TRACK  DURING  TWO  THOUSAND
    8  TWELVE  COMPARED  WITH  THE  NUMBER OF RACING PROGRAMS CONDUCTED BY SUCH
    9  TRACK DURING THE TWO THOUSAND FOUR BASE CALENDAR YEAR; AND (II) NO  OFF-
   10  TRACK  BETTING  CORPORATION  SHALL  HAVE  ANY FURTHER PAYMENT OBLIGATION
   11  PURSUANT TO THIS PARAGRAPH WITH RESPECT TO CALENDAR YEARS COMMENCING  ON
   12  OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN.
   13    b.  Additional payments. During each calendar year, to the extent, and
   14  at such time in the event,  that  aggregate  statewide  wagering  handle
   15  after  7Labor P.M. on out-of-state and out-of-country thoroughbred races
   16  exceeds one hundred million dollars, each off-track betting  corporation
   17  conducting  such simulcasting shall pay to its regional harness track or
   18  tracks, an amount equal to [two percent] THE FOLLOWING PERCENTAGE of its
   19  proportionate share of such excess handle: FOR  CALENDAR  YEARS  THROUGH
   20  TWO  THOUSAND  TWELVE, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND THIR-
   21  TEEN, ONE AND ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND FOURTEEN,
   22  ONE PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND FIFTEEN, ONE-HALF OF ONE
   23  PERCENT. THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT OBLIGATION  PURSU-
   24  ANT  TO THIS PARAGRAPH FOR CALENDAR YEARS COMMENCING ON OR AFTER JANUARY
   25  FIRST, TWO THOUSAND FIFTEEN.  In any region where there are two or  more
   26  regional  harness  tracks,  such  [two  percent] PAYMENT AMOUNT shall be
   27  divided between or among the tracks in a proportion equal to the propor-
   28  tion of handle on live harness races conducted at such tracks during the
   29  preceding calendar year. Fifty percent of the sum received by each track
   30  pursuant to this paragraph shall  be  used  exclusively  for  increasing
   31  purses, stakes and prizes at that regional harness track.
   32    S 4. This act shall take effect immediately.