Bill Text: NY A04051 | 2019-2020 | 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 - Dead) 2020-01-08 - referred to racing and wagering [A04051 Detail]

Download: New_York-2019-A04051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4051
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        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.
                                                                   LBD04935-01-9
        A. 4051                             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, 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    § 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, 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 commission, for its approval, a  sched-
    45  ule  of  payments  to  be made in any year or portion thereof, that such
    46  off-track corporation engages in nighttime thoroughbred simulcasting. In
    47  order to be approved by the commission, the payment  schedule  shall  be
    48  identical  to  the actual payments and distributions of such payments to
    49  tracks and purses made by such off-track  corporation  pursuant  to  the
    50  provisions  of  section  one thousand fifteen of this article during the
    51  year two thousand  two,  as  derived  from  out-of-state  harness  races
    52  displayed  after 6:00 P.M. If approved by the commission, such scheduled
    53  payments shall be made  from  revenues  derived  from  any  simulcasting
    54  conducted  pursuant  to this section and section one thousand fifteen of
    55  this article. Notwithstanding any inconsistent provision of  this  para-
    56  graph:  (i) for purposes of calculating the payments to be made pursuant
        A. 4051                             3
     1  to this paragraph for calendar year two thousand  nineteen,  the  amount
     2  otherwise  payable,  if  any,  by  an off-track betting corporation to a
     3  regional harness track shall be reduced in proportion to the  reduction,
     4  if  any,  in  the  number  of  racing programs conducted by the regional
     5  harness track during two thousand nineteen compared with the  number  of
     6  racing  programs  conducted by such track during the two thousand twelve
     7  base calendar year; and (ii) no off-track betting corporation shall have
     8  any further payment obligation pursuant to this paragraph  with  respect
     9  to  calendar  years  commencing  on or after January first, two thousand
    10  twenty.
    11    b. Additional payments. During each calendar year, to the extent,  and
    12  at  such  time  in  the  event, that aggregate statewide wagering handle
    13  after 7:30 P.M. on out-of-state and  out-of-country  thoroughbred  races
    14  exceeds  one hundred million dollars, each off-track betting corporation
    15  conducting such simulcasting shall pay to its regional harness track  or
    16  tracks, an amount equal to [two percent] the following percentage of its
    17  proportionate  share  of  such excess handle: for calendar years through
    18  two thousand nineteen, two percent; for calendar year two thousand twen-
    19  ty, one and one-half percent; for calendar year two thousand twenty-one,
    20  one percent; and for calendar year two thousand twenty-two, one-half  of
    21  one  percent.  There  shall  be no further additional payment obligation
    22  pursuant to this paragraph for calendar years  commencing  on  or  after
    23  January  first,  two thousand twenty-two.  In any region where there are
    24  two or more regional harness tracks, such [two percent]  payment  amount
    25  shall  be  divided  between or among the tracks in a proportion equal to
    26  the proportion of handle on live harness races conducted at such  tracks
    27  during the preceding calendar year. Fifty percent of the sum received by
    28  each  track  pursuant  to  this  paragraph shall be used exclusively for
    29  increasing purses, stakes and prizes at that regional harness track. For
    30  the purpose of  determining  whether  such  aggregate  statewide  handle
    31  exceeds  one  hundred million dollars, all wagering on such thoroughbred
    32  races accepted by licensed multi-jurisdictional account wagering provid-
    33  ers from customers within New York state shall be excluded.
    34    § 4. This act shall take effect immediately.