Bill Text: NY A04746 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for payments to licensed harness tracks by regional off-track betting corporations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to racing and wagering [A04746 Detail]

Download: New_York-2023-A04746-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4746

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     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 and item (ii) as amended by
     4  chapter 243 of the laws of 2020, is amended to read as 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  percent  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.
                                                                   LBD09461-01-3
        A. 4746                             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    §  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 and item (ii) as amended by
    11  chapter 243 of the laws of 2020, is amended to read as 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 percent  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    § 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
    39  and  breeding  law,  as  amended  by chapter 174 of the laws of 2013 and
    40  paragraph a as amended by chapter 243 of the laws of 2020, is amended to
    41  read as follows:
    42    2. a. Maintenance of effort. Any off-track  betting  corporation  that
    43  engages in accepting wagers on the simulcasts of thoroughbred races from
    44  out-of-state  or  out-of-country  as  permitted under subdivision one of
    45  this section shall submit to the commission, for its approval, a  sched-
    46  ule  of  payments  to  be made in any year or portion thereof, that such
    47  off-track corporation engages in nighttime thoroughbred simulcasting. In
    48  order to be approved by the commission, the payment  schedule  shall  be
    49  identical  to  the actual payments and distributions of such payments to
    50  tracks and purses made by such off-track  corporation  pursuant  to  the
    51  provisions  of  section  one thousand fifteen of this article during the
    52  year two thousand  two,  as  derived  from  out-of-state  harness  races
    53  displayed  after 6:00 P.M. If approved by the commission, such scheduled
    54  payments shall be made  from  revenues  derived  from  any  simulcasting
    55  conducted  pursuant  to this section and section one thousand fifteen of
    56  this article.  Notwithstanding any inconsistent provision of this  para-
        A. 4746                             3

     1  graph:  (i) for purposes of calculating the payments to be made pursuant
     2  to this paragraph for  calendar  year  two  thousand  twenty-three,  the
     3  amount otherwise payable, if any, by an off-track betting corporation to
     4  a  regional  harness  track  shall  be  reduced  in  proportion  to  the
     5  reduction, if any, in the number of racing  programs  conducted  by  the
     6  regional  harness  track  during two thousand twenty-three compared with
     7  the number of racing programs conducted by such  track  during  the  two
     8  thousand twelve base calendar year; and (ii) no off-track betting corpo-
     9  ration  shall have any further payment obligation pursuant to this para-
    10  graph with respect to calendar years  commencing  on  or  after  January
    11  first, two thousand twenty-four.
    12    b.  Additional payments. During each calendar year, to the extent, and
    13  at such time in the event,  that  aggregate  statewide  wagering  handle
    14  after  7:30  P.M.  on out-of-state and out-of-country thoroughbred races
    15  exceeds one hundred million dollars, each off-track betting  corporation
    16  conducting  such simulcasting shall pay to its regional harness track or
    17  tracks, an amount equal to [two percent] the following percentage of its
    18  proportionate share of such excess handle: for  calendar  years  through
    19  two  thousand  twenty-three, two percent; for calendar year two thousand
    20  twenty-four, one and one-half percent; for calendar  year  two  thousand
    21  twenty-five, one percent; and for calendar year two thousand twenty-six,
    22  one-half  of  one  percent. There shall be no further additional payment
    23  obligation pursuant to this paragraph for calendar years  commencing  on
    24  or  after  January  first, two thousand twenty-six.  In any region where
    25  there are two or  more  regional  harness  tracks,  such  [two  percent]
    26  payment amount shall be divided between or among the tracks in a propor-
    27  tion  equal  to the proportion of handle on live harness races conducted
    28  at such tracks during the preceding calendar year. Fifty percent of  the
    29  sum  received  by  each  track  pursuant to this paragraph shall be used
    30  exclusively for increasing purses, stakes and prizes  at  that  regional
    31  harness  track.  For  the  purpose of determining whether such aggregate
    32  statewide handle exceeds one hundred million dollars,  all  wagering  on
    33  such   thoroughbred  races  accepted  by  licensed  multi-jurisdictional
    34  account wagering providers from customers within New York state shall be
    35  excluded.
    36    § 4. This act shall take effect immediately.