Section 1014. Simulcasting of out-of-state thoroughbred races

1. The
  provisions of this  section  shall  govern  the  simulcasting  of  races
  conducted  at thoroughbred tracks located in another state or country on
  any day during which a  franchised  corporation  is  conducting  a  race
  meeting in Saratoga county at Saratoga thoroughbred racetrack until June
  thirtieth,  two thousand ten and on any day regardless of whether or not
  a franchised corporation is conducting a race meeting in Saratoga county
  at Saratoga thoroughbred racetrack after June  thirtieth,  two  thousand
  ten.  On  any  day on which a franchised corporation has not scheduled a
  racing program but a thoroughbred racing corporation located within  the
  state  is  conducting racing, every off-track betting corporation branch
  office and every  simulcasting  facility  licensed  in  accordance  with
  section  one  thousand seven (that have entered into a written agreement
  with such facility's representative horsemen's organization, as approved
  by the board), one thousand eight, or one thousand nine of this  article
  shall  be  authorized  to  accept  wagers and display the live simulcast
  signal from thoroughbred tracks located  in  another  state  or  foreign
  country subject to the following provisions:
    a.  Each  off-track  betting  branch  office  accepting  wagers  on an
  out-of-state track shall accept wagers on  races  run  at  the  in-state
  track  and  every  simulcasting  facility  licensed  in  accordance with
  sections one thousand seven, one thousand eight and one thousand nine of
  this article which is accepting  wagers  and  displaying  the  simulcast
  signal  from  an  out-of-state  track  shall similarly accept wagers and
  display the signal from the in-state track.
    b. Simulcasting facilities shall be authorized to  accept  wagers  and
  display the live simulcast signal from out-of-state thoroughbred tracks.
    c.  If a regional harness track is conducting racing on a day on which
  out-of-state  simulcasting  is   authorized,   the   off-track   betting
  corporation  shall  be  required  to  accept wagers and display the live
  simulcast signal of such races provided the  terms  and  conditions  for
  accepting  such  signal  are  no  less favorable than those in effect on
  April first, nineteen hundred ninety-three.
    d. Each off-track betting  corporation  shall  determine  the  average
  daily handle on the in-state thoroughbred corporation, the average daily
  handle from out-of-state tracks and the average total daily payment made
  to  the  in-state  thoroughbred  track  on  each  day  from April first,
  nineteen hundred ninety-three through  December  thirty-first,  nineteen
  hundred ninety-three on which the off-track betting corporation accepted
  wagers  on  races  conducted  at  such  track  and races conducted on an
  out-of-state track on a day on which no scheduled races  were  conducted
  by  a  franchised corporation. This calculation shall be provided to the
  racing and wagering board  and  the  chief  executive  officers  of  the
  in-state thoroughbred track and the horsemen's organization. If there is
  a  dispute  as to the amount of such calculations, written documentation
  from the off-track betting corporation and the track, shall be  supplied
  to the racing and wagering board which shall make a determination of the
  correct  amounts  which  determination shall be final and binding on all
  parties.
    e. An amount equal to the calculated number shall be determined to  be
  the  amount  payable  to the in-state thoroughbred racing corporation as
  though such number were calculated on actual handle, using  the  payment
  schedules,  including  distribution  to  purses,  of  article five-A and
  article ten of this chapter provided such track conducts  a  program  of
  racing  equivalent  in  racing  dates  and wagering opportunities to the
  nineteen hundred ninety-three program.
    f. The amount shall be distributed in accordance with  the  provisions
  of  this  section.  The board shall determine the amount of and dates of

  such payments, which dates shall, as far  as  practicable,  reflect  the
  payments  made  to  such  track during the comparable period of nineteen
  hundred ninety-three.
    g.  (1)  At  the  conclusion  of  the thoroughbred track corporation's
  nineteen hundred ninety-four racing season or as shortly  thereafter  as
  possible  but  not  later  than  December  twentieth,  nineteen  hundred
  ninety-four, the off-track  betting  corporations  and  the  racing  and
  wagering board shall determine the average daily handle for the in-state
  thoroughbred  racing  corporation and the average daily handle for races
  conducted at out-of-state or out-of-country  tracks.  If  average  daily
  handle  for any off-track betting corporation exceeds by ten percent the
  average daily handle as calculated in paragraph d of  this  subdivision,
  such   off-track   betting   corporation   shall  pay  to  the  in-state
  thoroughbred racing corporation an amount calculated by multiplying  the
  average daily handle in excess of one hundred ten percent of the average
  daily   handle   of  nineteen  hundred  ninety-three  by  the  effective
  commission  rate  paid  by  such   corporation   in   nineteen   hundred
  ninety-three.  Such  calculation shall be computed separately for handle
  on in-state tracks and handle on out-of-state tracks.
    (2) For purposes of this section, the effective commission rate  shall
  be  determined by dividing the total commission paid by the total handle
  rounded to the nearest hundredth.
    (3) For purposes of this chapter, total and average daily handle shall
  have the same meaning as total and average daily wagers or bets.
    h. (1) Licensed harness tracks shall receive  in  lieu  of  any  other
  payments  on  wagers  placed at off-track betting facilities outside the
  special betting district on races conducted by an in-state  thoroughbred
  racing corporation, two and eight-tenths percent on regular and multiple
  bets  during  a regional meeting and one and nine-tenths percent of such
  bets if there is no regional meeting and four and  eight-tenths  percent
  on  exotic  bets  on days on which there is a regional meeting and three
  and four-tenths percent of such bets if there is no regional meeting.
    (2) (i) In addition, licensed harness tracks  shall  receive  one  and
  one-half   per   centum  on  total  handle  on  races  conducted  at  an
  out-of-state or out-of-country thoroughbred track provided such  harness
  track  is  neither  accepting  wagers  nor displaying the signal from an
  out-of-state track.
    (ii) In those regions in which there is more than one licensed harness
  track, if no track is accepting wagers or displaying the live  simulcast
  signal from the out-of-state track, the total sum shall be divided among
  the  tracks  in  proportion  to  the  ratio  the  wagers placed on races
  conducted by each track  bears  to  the  corporation's  total  in-region
  harness handle. If one or more tracks are accepting wagers or displaying
  the live simulcast signal, the total amount shall be divided among those
  tracks  not  accepting  wagers or displaying the simulcast signal for an
  out-of-state track.
    (3) The terms used in this section shall have the  same  applicability
  and  meaning  as  interpreted  and  applied  in  sections  five  hundred
  twenty-three and five hundred twenty-seven of this chapter.
    i. Any facility authorized to accept  wagers  on  out-of-state  tracks
  shall  distribute  all  sums  deposited  in  any pari-mutuel pool to the
  holders of winning tickets therein, provided such tickets are  presented
  for payment prior to April first of the year following the year of their
  purchase  less  eighteen  per  centum  of  the  total  deposits in pools
  resulting from regular bets, less twenty-one per  centum  of  the  total
  deposits  in  pools  resulting  from  multiple bets, less twenty-six per
  centum of the total deposits in pools resulting from exotic  bets,  less
  thirty-six  per  centum  of  the  total deposits in pools resulting from

  super exotic bets plus the breaks as  defined  in  section  two  hundred
  thirty-six  of  this  chapter except that the retention rates and breaks
  shall be as prescribed by another state or country if  such  wagers  are
  combined  with  those  in the other state or country pursuant to section
  nine hundred five of this chapter.
    (i) Of the sum so retained, the applicable tax rate shall be  one  and
  one-half  percent  of  all such wagers plus fifty percent of the breaks;
  provided, however, fifty percent of the breaks accruing  from  off-track
  betting  corporations  licensed  in accordance with section one thousand
  eight of this article and from simulcast theaters licensed in accordance
  with section one thousand nine of this article, shall  be  paid  to  the
  agriculture  and  New York state horse breeding and development fund and
  to the thoroughbred breeding and development fund,  the  total  of  such
  payments to be apportioned fifty per centum to each such fund.
    (ii) Of the sums so retained, one-half of one per centum of all wagers
  shall   be  paid  to  the  New  York  state  thoroughbred  breeding  and
  development fund, except that of the sums so retained on such wagers  at
  licensed harness tracks, one-half of one per centum shall be paid to the
  agricultural and New York State horse breeding and development fund.
    (iii)  Of the sum so retained, two percent of all wagers shall be paid
  to a franchised corporation to be used exclusively for  the  purpose  of
  increasing  purses,  including  stakes,  premiums  and  prizes, provided
  further that such amount shall  not  exceed  the  amount  paid  to  such
  non-profit  racing  association  in  nineteen  hundred ninety-three from
  wagers placed on out-of-state tracks on a day when no racing  was  being
  conducted  by the non-profit racing association and a racing program was
  being conducted by a thoroughbred  racing  corporation  located  in  the
  state.  The  excess,  if  any,  shall  be  paid to a thoroughbred racing
  corporation located in the state  until  August  thirty-first,  nineteen
  hundred  ninety-five  and  on  and after July nineteen, nineteen hundred
  ninety-six to be used exclusively for the purpose of increasing  purses,
  including stakes, premiums and prizes.
    (iv) Any thoroughbred racing corporation or harness racing association
  or  corporation  or off-track betting corporation authorized pursuant to
  this section shall pay to the racing and wagering board as a  regulatory
  fee,  which fee is hereby levied, fifty hundredths of one percent of all
  wagering pools.
    j. (1) All wagers authorized by this section shall be combined  so  as
  to  produce common pari-mutuel betting pools for the calculation of odds
  and the determination of payouts from such pools, which payouts shall be
  made pursuant to the rules of the board. Every  location  authorized  to
  accept  wagers or display simulcasting pursuant to this section shall be
  subject to all appropriate provisions of this chapter.
    (2) Every regional off-track betting  corporation  may  simulcast  all
  out-of-state  races authorized by this section at any licensed simulcast
  facility except for those facilities located in a  thoroughbred  special
  betting district.
    Facilities  located  in  such special betting district may display the
  simulcast signal with the permission of the thoroughbred  track  located
  in  such  district  or  if  such  track  displays  the  signal  from  an
  out-of-state or out-of-country track.
    k. The provisions of section five hundred thirty-two of  this  chapter
  shall apply as follows:
    (1)  for  all  wagers  placed  at  facilities licensed to receive such
  out-of-state or out-of-country simulcasts in accordance with section one
  thousand eight of this article, distribution  shall  first  be  made  in
  accordance  with  subdivision three-a of section five hundred thirty-two
  of this chapter, and then fifty  percent  of  the  remaining  amount  in

  accordance with paragraph a of subdivision three of section five hundred
  thirty-two of this chapter and the other fifty percent shall be retained
  by such operator for its general purpose.
    (2)  upon  application  of  any  facility  licensed in accordance with
  sections one thousand seven and one thousand nine of this  article,  the
  board  shall  authorize  the  imposition  of  a  sum equal to the amount
  authorized by section five hundred  thirty-two  of  this  chapter  which
  shall  apply  to  wagers  placed at such facility. Such sums received by
  facilities licensed in accordance with section one thousand nine of this
  article shall be retained for the general purpose  of  the  corporation.
  Such  sums  received  by  such  facilities  licensed  in accordance with
  section one thousand seven of  this  article  shall  be  distributed  as
  follows:
    (i)  fifty  percent  shall  be  used exclusively for purses awarded in
  races conducted by such licensed facility; and
    (ii) fifty percent shall be retained by such licensed facility for its
  general purposes.
    2. Nothing  in  this  section  shall  be  construed  to  prohibit  the
  acceptance  of  wagers on races conducted at out-of-state tracks without
  the display of the live simulcast signal if authorized under  any  other
  provision of this chapter.