Section 1015. Simulcasting of races run by out-of-state harness tracks

1.
  The provisions of this section shall govern the  simulcasting  of  races
  conducted  at  harness tracks located in another state or country during
  the  period  July  first,  nineteen  hundred  ninety-four  through  June
  thirtieth,   two   thousand   ten.  This  section  shall  supersede  all
  inconsistent provisions of this chapter.
    2. Harness racing associations or corporations subject  to  a  written
  agreement   with  such  association's  or  corporation's  representative
  horsemen's association  and  off-track  betting  facilities  are  hereby
  authorized  to  accept  wagers  and  display  the signal of out-of-state
  harness tracks provided that:
    a. the payments to the out-of-state track  for  accepting  wagers  and
  displaying  the  live  simulcast signals of these races shall not exceed
  two percent of total handle for facilities licensed in  accordance  with
  section  one  thousand  eight  and one thousand nine of this chapter and
  three  percent  of  total  handle  for  those  facilities  licensed   in
  accordance with section one thousand seven of this chapter.
    b.  all off-track betting branches are permitted to accept such wagers
  and that all simulcast facilities licensed in accordance  with  sections
  one  thousand  eight and one thousand nine of this article are permitted
  to display the live simulcast signal under the same terms and conditions
  as facilities licensed in accordance with section one thousand seven  of
  this article;
    c. on any day on which a harness track is conducting a racing program,
  it shall offer its signal to all off-track betting facilities authorized
  to  receive  such  signals  under terms and conditions no less favorable
  than  those  in  effect  on   March   thirty-first,   nineteen   hundred
  ninety-three;  and  that  in  addition  to any out-of-state simulcasting
  program, the track shall accept wagers and display the  signal  from  at
  least one in-state harness track;
    d.  on  any  day  on which a harness association or corporation is not
  conducting a racing program, it shall accept the signal from  not  fewer
  than  two  in-state  harness  tracks  conducting  a  program except this
  requirement may be waived by the written consent of those harness tracks
  conducting the race meeting;
    e. every  off-track  betting  branch  office  and  simulcast  facility
  licensed in accordance with sections one thousand eight and one thousand
  nine  of  this  article, as a condition to accepting out-of-state wagers
  and displaying the live simulcast signal of  such  races,  shall  accept
  wagers and display the simulcast signal of its regional harness track at
  all  locations  at  which out-of-state wagers are accepted or the signal
  displayed. If the regional  harness  track  is  not  conducting  a  race
  meeting  but  another  harness  association in the state is conducting a
  meeting, the off-track betting facilities as a  condition  of  accepting
  out-of-state  wagers  shall accept wagers and display the signal from at
  least one in-state harness track;
    f. No off-track betting facility shall accept wagers  or  display  the
  simulcast signal from an out-of-state harness track without an agreement
  with  the  regional  track,  provided,  however,  that off-track betting
  facilities  shall  have  the  right  to  display  any  simulcast  signal
  displayed  by  a regional harness track and any such agreement shall not
  unreasonably be withheld.
    3. 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 any tickets therein provided such tickets are  presented  for
  payment  prior  to  April  first of the year following the year of their
  purchase less nineteen per centum of total deposits in  pools  resulting
  from regular bets, less twenty-one per centum of total deposits of pools

  resulting  from  multiple  bets,  less  twenty-seven per centum of total
  deposits of pools resulting from exotic bets, less thirty-six per centum
  of total deposits of pools resulting from super  exotic  bets  plus  the
  breaks  as  defined  in  section  three hundred eighteen 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.
    a.  Distribution  of  retained  commissions  for  all licensed harness
  tracks shall be in accordance with article three of this chapter.
    b. For off-track betting facilities, (1) of the sums so retained,  the
  applicable tax rate shall be one percent of all such wagers;
    (2) of the sum so retained, one percent of all wagers shall be paid to
  the New York state agricultural and horse breeding and development fund;
    (3) of the sum so retained, five percent shall be paid to the regional
  licensed  harness  track  to be distributed in the same manner as though
  such payments were on races conducted at such track;
    (4) of the sum so retained, an additional one percent  of  all  wagers
  shall  be paid to the regional licensed harness track for the purpose of
  increasing purses.
    c. In those regions in which there is more than one regional  licensed
  harness  track, the payments required under subparagraphs three and four
  of paragraph b of this subdivision shall be made to the  regional  track
  conducting a meet on the day out-of-state simulcasting occurs. If either
  no  track  is  conducting a meet, or more than one track is conducting a
  meet, the distribution shall be made in the proportion that each track's
  handle bore to the total regional licensed harness track  handle  during
  the  preceding  calendar  month  or  in  accordance  with  a contractual
  agreement  between  the  regional  tracks  and  the  off-track   betting
  corporation.
    d.  For wagers placed at an off-track betting facility in that portion
  of the western  region  located  with  a  thoroughbred  special  betting
  district,  but  not  included in a harness special betting district, one
  and one-half per centum of such wagers  shall  be  paid  to  the  racing
  association  located  in  such  district  provided  such  association is
  neither accepting wagers nor simulcasting  out-of-state  harness  races.
  Any payments required by this subdivision shall reduce payments required
  to  be  made to the regional licensed harness track under the provisions
  of subparagraph three of paragraph b of this subdivision.
    e. 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.
    4. The provisions of section five hundred thirty-two of  this  chapter
  shall apply as follows:
    a.  for  all  wagers  placed  at  facilities  licensed to receive such
  out-of-state simulcasts in accordance with section one thousand eight of
  this article, distribution  shall  first  be  made  in  accordance  with
  subdivision  three-a,  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.
    b.  for  wagers  placed  at  off-track  betting  branch   offices   on
  out-of-state  tracks  where  such  simulcasting  is  not  conducted,  in
  accordance with section five hundred thirty-two of this chapter.
    c. 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:
    (1) fifty percent shall be used  exclusively  for  purses  awarded  in
  races conducted by such licensed facility; and
    (2)  fifty percent shall be retained by such licensed facility for its
  general purposes.
    5. Nothing  in  this  section  shall  be  construed  to  prohibit  the
  accepting  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.