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
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 Subdivision 2 of section 1017 of the racing, pari-mutuel 2 wagering and breeding law is REPEALED. 3 S 2.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.