Bill Text: NY A06124 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to percent of wagers made at off-track betting facilities conducted by in-state thoroughbred racing corporations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-08-19 - tabled [A06124 Detail]

Download: New_York-2015-A06124-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6124
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       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  percent  of  wagers made at off-track betting facilities
         conducted by in-state thoroughbred racing corporations; and  repealing
         certain provisions of such law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 1017 of  the  racing,  pari-mutuel
    2  wagering and breeding law is REPEALED.
    3    S  2. Subparagraphs 1 and 2 of paragraph h of subdivision 1 of section
    4  1014 of the racing, pari-mutuel wagering and breeding law, as amended by
    5  chapter 18 of the laws of 2008, are amended to read as follows:
    6    (1) Licensed harness  tracks  shall  receive  in  lieu  of  any  other
    7  payments  on  wagers  placed at off-track betting facilities outside the
    8  special betting district on races conducted by an in-state  thoroughbred
    9  racing  corporation,  [two and eight-tenths] ONE AND FOUR-TENTHS percent
   10  on regular and multiple bets during a  regional  meeting  and  [one  and
   11  nine-tenths]  NINETY FIVE-HUNDREDTHS percent of such bets if there is no
   12  regional meeting and [four and eight-tenths] TWO AND FOUR-TENTHS percent
   13  on exotic bets on days on which there is a regional meeting  and  [three
   14  and  four-tenths]  ONE AND SEVEN-TENTHS percent of such bets if there is
   15  no regional meeting.
   16    (2) (i) In addition, licensed harness tracks shall  receive  [one  and
   17  one-half]  THREE-QUARTERS per centum, TO BE USED EXCLUSIVELY TO INCREASE
   18  PURSES, on total handle on races conducted at an out-of-state or out-of-
   19  country thoroughbred  track  provided  such  harness  track  is  neither
   20  accepting wagers nor displaying the signal from an out-of-state track.
   21    (ii) In those regions in which there is more than one licensed harness
   22  track,  if no track is accepting wagers or displaying the live simulcast
   23  signal from the out-of-state track, the total sum shall be divided among
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09871-01-5
       A. 6124                             2
    1  the tracks in proportion  to  the  ratio  the  wagers  placed  on  races
    2  conducted  by  each  track  bears  to  the corporation's total in-region
    3  harness handle. If one or more tracks are accepting wagers or displaying
    4  the live simulcast signal, the total amount shall be divided among those
    5  tracks  not  accepting  wagers or displaying the simulcast signal for an
    6  out-of-state track.
    7    S 3. Paragraph b of subdivision 3 of section 1015 of the racing, pari-
    8  mutuel wagering and breeding law, as amended by section 22 of part F3 of
    9  chapter 62 of the laws of 2003 and such section as renumbered by chapter
   10  18 of the laws of 2008, is amended to read as follows:
   11    b. For off-track betting facilities, (1) of the sums so retained,  the
   12  applicable tax rate shall be one percent of all such wagers;
   13    (2) of the sum so retained, one percent of all wagers shall be paid to
   14  the New York state agricultural and horse breeding and development fund;
   15    (3)  of  the sum so retained, [five] TWO AND ONE-HALF percent shall be
   16  paid to the regional licensed harness track to be  USED  EXCLUSIVELY  TO
   17  INCREASE PURSES AND STAKES distributed in the same manner as though such
   18  payments were on races conducted at such track;
   19    (4)  of  the  sum so retained, an additional one percent of all wagers
   20  shall be paid to the regional licensed harness track for the purpose  of
   21  increasing purses.
   22    S  4.  Subparagraphs  3, 4, 5 and 6 of paragraph b of subdivision 1 of
   23  section 1016 of the racing, pari-mutuel wagering and  breeding  law,  as
   24  amended  by  chapter  18  of  the  laws  of 2008, are amended to read as
   25  follows:
   26    (3)  Distribution  of  wagers  placed  on  the  initial   out-of-state
   27  thoroughbred  track  at  facilities licensed in accordance with sections
   28  one thousand eight and one thousand nine of this article.
   29    (A) Of the sums so retained on days when a franchised  corporation  is
   30  not conducting a race meeting within the state and a thoroughbred racing
   31  corporation is conducting a race meeting
   32                                                                    Super-
   33                                      Regular   Multiple   Exotic   exotic
   34                                      bets      bets       bets     bets
   35  State Tax                           1.50      1.50       1.50     1.50
   36  [Non-franchised
   37  Thoroughbred Racing
   38  corporation                         0.50      0.50       0.50     0.50]
   39  Non-franchised
   40  Thoroughbred Racing
   41  corporation payments to purses      1.50      2.00       1.50     2.00
   42  [Franchised corporation             0.50      0.50       0.50     0.50]
   43  Franchised corporation
   44  payments to purses                  2.00      2.00       2.50     4.00
   45    (B)  Of  the sums so retained on days when a franchised corporation is
   46  conducting a race meeting within the state
   47                                                                    Super-
   48                                      Regular   Multiple   Exotic   exotic
   49                                      bets      bets       bets     bets
       A. 6124                             3
    1  State Tax                           1.00      1.00       1.00     1.00
    2  [Non-franchised
    3  Thoroughbred Racing
    4  corporation                         0.50      0.50       0.50     0.00]
    5  Non-franchised
    6  Thoroughbred Racing
    7  corporation payments to purses      0.50      0.50       0.50     0.50
    8  [Franchised corporation             2.00      1.50       1.50     2.00]
    9  Franchised corporation
   10  payments to purses                  2.00      3.00       3.00     5.00
   11    (C)  Payments  to purses as required under clauses (A) and (B) of this
   12  subparagraph shall be paid to the thoroughbred racing corporation to  be
   13  used exclusively for the purpose of increasing purses, including stakes,
   14  premiums and prizes.
   15    (4)  Distribution  of  wagers placed on other than the initial out-of-
   16  state thoroughbred track  at  facilities  licensed  in  accordance  with
   17  sections one thousand eight and one thousand nine of this article.
   18    (A)  Of  the sums so retained on days when a franchised corporation is
   19  not conducting a race meeting within the state and a thoroughbred racing
   20  corporation is conducting a race meeting
   21                                                                    Super-
   22                                      Regular   Multiple   Exotic   exotic
   23                                      bets      bets       bets     bets
   24  State Tax                           1.00      1.00       1.00     1.00
   25  Non-franchised
   26  Thoroughbred Racing                 2.00      2.00       2.00     2.50
   27  corporation payments to purses
   28  [Franchised corporation             1.00      1.00       1.00     1.00]
   29  Franchised corporation
   30  payments to purses                  2.00      2.00       2.50     4.00
   31    (B) Of the sums so retained on days when a franchised  corporation  is
   32  conducting a race meeting within the state
   33                                                                    Super-
   34                                      Regular   Multiple   Exotic   exotic
   35                                      bets      bets       bets     bets
   36  State Tax                           0.50      0.50       0.50     0.50
   37  [Non-franchised
   38  Thoroughbred racing                 0.50      0.25       0.50     0.50]
   39  corporation
   40  Non-franchised
   41  Thoroughbred racing                 0.50      0.25       0.50     0.50
   42  corporation payments to purses
       A. 6124                             4
    1  [Franchised corporation             2.25      2.25       2.00     2.50]
    2  Franchised corporation
    3  payments to purses                  2.25      3.25       3.00     4.50
    4    (C)  Payments  to purses as required under clauses (A) and (B) of this
    5  subparagraph shall be paid to the thoroughbred racing corporation or  to
    6  the  franchised  corporation  to  be used exclusively for the purpose of
    7  increasing purses, including stakes, premiums and prizes.
    8    (D) On days when no thoroughbred track is conducting a  race  meeting,
    9  facilities  licensed  in accordance with sections one thousand eight and
   10  one thousand nine of this article are authorized to accept the simulcast
   11  signal from more than two out-of-state thoroughbred tracks. The distrib-
   12  ution of wagers on such out-of-state thoroughbred track or tracks  shall
   13  be in accordance with clause (B) of this subparagraph.
   14    (5)   Distribution  of  wagers  placed  on  the  initial  out-of-state
   15  thoroughbred track at facilities licensed in accordance with section one
   16  thousand seven of this article.
   17    (A) Of the sums so retained on days when a franchised  corporation  is
   18  not conducting a race meeting within the state and a thoroughbred racing
   19  corporation is conducting a race meeting
   20                                                                    Super-
   21                                      Regular   Multiple   Exotic   exotic
   22                                      bets      bets       bets     bets
   23  State Tax                           1.50      1.50       1.50     1.50
   24  [Non-franchised
   25  Thoroughbred racing                 0.25      0.25       0.25     0.50]
   26  corporation
   27  Non-franchised
   28  Thoroughbred racing                 0.75      1.00       0.75     1.00
   29  corporation payments to purses
   30  [Franchised corporation             0.25      0.25       0.25     0.25]
   31  Franchised corporation
   32  payments to purses                  1.00      1.00       2.25     2.00
   33    (B)  Of  the sums so retained on days when a franchised corporation is
   34  conducting a race meeting within the state
   35                                                                    Super-
   36                                      Regular   Multiple   Exotic   exotic
   37                                      bets      bets       bets     bets
   38  State Tax                           1.00      1.00       1.00     1.00
   39  [Non-franchised
   40  Thoroughbred racing
   41  corporation                         0.25      0.25       0.25     0.25]
   42  Non-franchised
   43  Thoroughbred racing
   44  corporation payments to purses      0.25      0.25       0.25     0.25
       A. 6124                             5
    1  [Franchised corporation             1.00      0.75       0.75     1.00]
    2  Franchised corporation
    3  payments to purses                  1.00      1.50       1.50     2.50
    4    (C)  Payments  to purses as required under clauses (A) and (B) of this
    5  subparagraph shall be paid to a thoroughbred racing  corporation  to  be
    6  used exclusively for the purpose of increasing purses, including stakes,
    7  premiums and prizes.
    8    (D)  For  wagers placed at a thoroughbred racing corporation the state
    9  tax shall be the amounts specified  in  clauses  (A)  and  (B)  of  this
   10  subparagraph  and  retention  thereafter  shall  be  identical  to  sums
   11  retained for each type of on-track wager.
   12    (E) On days when a franchised corporation is  not  conducting  a  race
   13  meeting  and  when  a licensed harness track is neither accepting wagers
   14  nor displaying the signal from an in-state thoroughbred  corporation  or
   15  association or an out-of-state thoroughbred track:
   16    (i)  Such licensed regional harness track shall receive in lieu of any
   17  other payments on wagers placed at off-track betting facilities  outside
   18  the special betting district on races conducted by an in-state thorough-
   19  bred  racing  corporation,  [two  and  eight-tenths] ONE AND FOUR-TENTHS
   20  percent on regular and multiple bets during a regional meeting and  [one
   21  and  nine-tenths]  NINETY-FIVE  ONE-HUNDREDTHS  percent  of such bets if
   22  there is no  regional  meeting  and  [four  and  eight-tenths]  TWO  AND
   23  FOUR-TENTHS  percent on exotic bets on days on which there is a regional
   24  meeting and [three and four-tenths] ONE AND SEVEN-TENTHS percent of such
   25  bets if there is no regional meeting.
   26    (ii) Such licensed regional harness track shall receive [one and  one-
   27  half]  THREE-QUARTERS  per  centum  on  total  regional  handle on races
   28  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 or
   38  association.
   39    (F) Of the sums retained by a licensed harness facility, fifty percent
   40  shall  be used exclusively for purses awarded in races conducted by such
   41  licensed facility and the remaining fifty percent shall be  retained  by
   42  such licensed facility for its general purposes, provided, however, that
   43  in  a  harness special betting district the portion of the sums retained
   44  by a licensed harness facility to be used for purses or the  methodology
   45  for  calculating  the amount to be used for purses may be specified in a
   46  written contract between a harness racing association or corporation and
   47  its representative horsemen's association.
   48    (6) Distribution of wagers placed on other than  the  initial  out-of-
   49  state  thoroughbred  track  at  facilities  licensed  in accordance with
   50  section one thousand seven of this article.
   51    (A) Of the sums so retained on days when a franchised  corporation  is
   52  not conducting a race meeting within the state and a thoroughbred racing
   53  corporation is conducting a race meeting
   54                                                                    Super-
       A. 6124                             6
    1                                      Regular   Multiple   Exotic   exotic
    2                                      bets      bets       bets     bets
    3  State Tax                           1.00      1.00       1.00     1.00
    4  Non-franchised
    5  Thoroughbred Racing
    6  corporation payments to purses      1.00      1.00       1.00     1.25
    7  [Franchised corporation             0.50      0.50       0.50     0.50]
    8  Franchised corporation
    9  payments to purses                  1.00      1.00       1.25     2.00
   10    (B)  Of  the sums so retained on days when a franchised corporation is
   11  conducting a race meeting within the state
   12                                                                    Super-
   13                                      Regular   Multiple   Exotic   exotic
   14                                      bets      bets       bets     bets
   15  State Tax                           0.50      0.50       0.50     0.50
   16  [Non-franchised
   17  Thoroughbred Racing
   18  corporation                         0.25      0.25       0.25     0.25]
   19  Non-franchised
   20  Thoroughbred Racing
   21  corporation payments to purses      0.25      0.25       0.25     0.25
   22  [Franchised corporation             1.25      1.25       1.00     1.25]
   23  Franchised corporation
   24  payments to purses                  1.25      2.00       1.50     2.25
   25    (C) Payments to purses as required under clauses (A) and (B)  of  this
   26  subparagraph  shall  be  paid to a thoroughbred racing corporation or to
   27  the franchised corporation to be used exclusively  for  the  purpose  of
   28  increasing purses, including stakes, premiums and prizes.
   29    (D)  For  wagers  placed at a franchised corporation or a thoroughbred
   30  racing corporation the state tax  shall  be  the  amounts  specified  in
   31  clauses  (A) and (B) of this subparagraph and retention thereafter shall
   32  be identical to sums retained for each type of on-track wager.
   33    (E) On days when no thoroughbred track is conducting a  race  meeting,
   34  facilities  licensed  in  accordance  with section one thousand seven of
   35  this article are authorized to accept the simulcast signal from  out-of-
   36  state  thoroughbred  tracks.  The distribution of wagers on such out-of-
   37  state thoroughbred track or tracks shall be in  accordance  with  clause
   38  (B) of this subparagraph.
   39    (F)  On  days  when  a franchised corporation is not conducting a race
   40  meeting and when a licensed harness track is  neither  accepting  wagers
   41  nor  displaying  the signal from an in-state thoroughbred corporation or
   42  association or an out-of-state thoroughbred track:
   43    (i) Such licensed regional harness track shall receive in lieu of  any
   44  other  payments on wagers placed at off-track betting facilities outside
   45  the special betting district on races conducted by an in-state thorough-
       A. 6124                             7
    1  bred racing corporation, [two  and  eight-tenths]  FOUR  AND  TWO-TENTHS
    2  percent  on regular and multiple bets during a regional meeting and [one
    3  and nine-tenths] NINETY-FIVE ONE-HUNDRETHS percent of such bets if there
    4  is  no  regional meeting and [four and eight-tenths] TWO AND FOUR-TENTHS
    5  percent on exotic bets on days on which there is a regional meeting  and
    6  [three  and  four-tenths]  ONE  AND SEVEN-TENTHS percent of such bets if
    7  there is no regional meeting.
    8    (ii) Such licensed regional harness track shall receive [one and  one-
    9  half]  THREE-QUARTERS  per  centum  on  total  regional  handle on races
   10  conducted at out-of-state or out-of-country thoroughbred tracks.
   11    (iii) In those regions in  which  there  is  more  than  one  licensed
   12  regional  harness  track,  if no track is accepting wagers or displaying
   13  the live simulcast signal from the out-of-state  track,  the  total  sum
   14  shall  be divided among the tracks in proportion to the ratio the wagers
   15  placed on races conducted by each track bears to the corporation's total
   16  in-region harness handle. If one or more tracks are accepting wagers  or
   17  displaying  the live simulcast signal, the total amount shall be divided
   18  among those tracks not accepting  wagers  or  displaying  the  simulcast
   19  signal for an out-of-state track or in-state thoroughbred corporation.
   20    (G) Of the sums retained by a licensed harness facility, fifty percent
   21  shall  be used exclusively for purses awarded in races conducted by such
   22  licensed facility and the remaining fifty percent shall be  retained  by
   23  such licensed facility for its general purposes, provided, however, that
   24  in  a  harness special betting district the portion of the sums retained
   25  by a licensed harness facility to be used for purses or the  methodology
   26  for  calculating  the amount to be used for purses may be specified in a
   27  written contract between a harness racing association or corporation and
   28  its representative horsemen's association.
   29    S 5. This act shall take effect immediately.
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