Bill Text: NY S03564 | 2011-2012 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-19 - PRINT NUMBER 3564A [S03564 Detail]

Download: New_York-2011-S03564-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3564
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2011
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Racing, Gaming and  Wager-
         ing
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05796-01-1
       S. 3564                             2
    1  the live simulcast signal from the out-of-state track,]  the  total  sum
    2  shall  be divided among the tracks in proportion to the ratio the wagers
    3  placed on races conducted by each track bears to the corporation's total
    4  in-region harness handle. [If one or more tracks are accepting wagers or
    5  displaying  the live simulcast signal, the total amount shall be divided
    6  among those tracks not accepting  wagers  or  displaying  the  simulcast
    7  signal for an out-of-state track or in-state thoroughbred corporation or
    8  association.]
    9    S  2.  Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
   10  section 1016 of the racing, pari-mutuel wagering and  breeding  law,  as
   11  amended  by  chapter  18  of  the  laws  of  2008, is amended to read as
   12  follows:
   13    (F) [On] DURING THE FIRST ONE HUNDRED TWENTY days IN ANY CALENDAR YEAR
   14  when a franchised corporation is not conducting a race meeting [and when
   15  a licensed harness track is neither accepting wagers nor displaying  the
   16  signal  from  an  in-state thoroughbred corporation or association or an
   17  out-of-state thoroughbred track]:
   18    (i) [Such] A licensed regional harness track shall receive in lieu  of
   19  any  other  payments  on  wagers  placed at off-track betting facilities
   20  outside the special betting district on races conducted by  an  in-state
   21  thoroughbred racing corporation, two and eight-tenths percent on regular
   22  and  multiple  bets  during  a  regional meeting and one and nine-tenths
   23  percent of such bets if there is no regional meeting and four and eight-
   24  tenths percent on exotic bets on days on which there is a regional meet-
   25  ing and three and four-tenths percent  of  such  bets  if  there  is  no
   26  regional meeting.
   27    (ii)  [Such]  A licensed regional harness track shall receive [one and
   28  one-half] THREE-QUARTERS OF ONE per centum on total regional  handle  on
   29  races conducted at out-of-state or out-of-country thoroughbred tracks.
   30    (iii)  In  those  regions  in  which  there  is more than one licensed
   31  regional harness track, [if no track is accepting wagers  or  displaying
   32  the  live  simulcast  signal from the out-of-state track,] the total sum
   33  shall be divided among the tracks in proportion to the ratio the  wagers
   34  placed on races conducted by each track bears to the corporation's total
   35  in-region harness handle. [If one or more tracks are accepting wagers or
   36  displaying  the live simulcast signal, the total amount shall be divided
   37  among those tracks not accepting  wagers  or  displaying  the  simulcast
   38  signal for an out-of-state track or in-state thoroughbred corporation.]
   39    S 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
   40  and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
   41  amended to read as follows:
   42    2. a. Maintenance of effort. Any off-track betting  corporation  which
   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 board, for its approval, a schedule  of
   46  payments  to be made in any year or portion thereof, that such off-track
   47  corporation engages in nighttime thoroughbred simulcasting. In order  to
   48  be approved by the board, the payment schedule shall be identical to the
   49  actual  payments and distributions of such payments to tracks and purses
   50  made by such off-track corporation pursuant to the provisions of section
   51  one thousand fifteen of this article during the year two  thousand  two,
   52  as  derived from out-of-state harness races displayed after 6:00 P.M. If
   53  approved by the board, such scheduled payments shall be made from reven-
   54  ues derived from any simulcasting conducted pursuant to this section and
   55  section one thousand fifteen  of  this  article.    NOTWITHSTANDING  ANY
   56  INCONSISTENT  PROVISION OF THIS PARAGRAPH: (I) FOR PURPOSES OF CALCULAT-
       S. 3564                             3
    1  ING THE PAYMENTS TO BE MADE PURSUANT TO THIS PARAGRAPH FOR CALENDAR YEAR
    2  TWO THOUSAND ELEVEN,  THE  AMOUNT  OTHERWISE  PAYABLE,  IF  ANY,  BY  AN
    3  OFF-TRACK  BETTING  CORPORATION  TO  A  REGIONAL  HARNESS TRACK SHALL BE
    4  REDUCED  IN PROPORTION TO THE REDUCTION, IF ANY, IN THE NUMBER OF RACING
    5  PROGRAMS CONDUCTED BY THE REGIONAL HARNESS  TRACK  DURING  TWO  THOUSAND
    6  ELEVEN  COMPARED  WITH  THE  NUMBER OF RACING PROGRAMS CONDUCTED BY SUCH
    7  TRACK DURING THE TWO THOUSAND FOUR BASE CALENDAR YEAR; AND (II) NO  OFF-
    8  TRACK  BETTING  CORPORATION  SHALL  HAVE  ANY FURTHER PAYMENT OBLIGATION
    9  PURSUANT TO THIS PARAGRAPH WITH RESPECT TO CALENDAR YEARS COMMENCING  ON
   10  OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE.
   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  7Labor 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 ELEVEN, TWO PERCENT; FOR CALENDAR YEAR TWO THOUSAND TWELVE,
   19  ONE  AND  ONE-HALF PERCENT; FOR CALENDAR YEAR TWO THOUSAND THIRTEEN, ONE
   20  PERCENT; AND FOR CALENDAR YEAR TWO THOUSAND FOURTEEN,  ONE-HALF  OF  ONE
   21  PERCENT.  THERE SHALL BE NO FURTHER ADDITIONAL PAYMENT OBLIGATION PURSU-
   22  ANT TO THIS PARAGRAPH FOR CALENDAR YEARS COMMENCING ON OR AFTER  JANUARY
   23  FIRST, TWO THOUSAND FOURTEEN.  In any region where there are two or more
   24  regional  harness  tracks,  such  [two  percent] PAYMENT AMOUNT shall be
   25  divided between or among the tracks in a proportion equal to the propor-
   26  tion of handle on live harness races conducted at such tracks during the
   27  preceding calendar year. Fifty percent of the sum received by each track
   28  pursuant to this paragraph shall  be  used  exclusively  for  increasing
   29  purses, stakes and prizes at that regional harness track.
   30    S 4. This act shall take effect immediately.
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