Section 1017. Out-of-state or out-of-country races

1. Licensed simulcast
  facilities may accept wagers and display the signal of  out-of-state  or
  out-of-country  thoroughbred  tracks  after 7:30 P.M. in accordance with
  the provisions of this section.  Such  simulcasting  may  include  mixed
  meetings  if  such meetings are integral to such racing programs and all
  such wagering on such races shall be construed to be thoroughbred races.
  For  facilities  located  within  the  special  betting  district,  such
  approval  shall  also be required from a thoroughbred racing corporation
  during the period a racing program is being  conducted  at  such  track.
  Such  approval shall not be required on any day such thoroughbred racing
  corporation is also accepting an out-of-state or  out-of-country  signal
  and  wager, as authorized by this section. The provisions of section one
  thousand sixteen of this article shall be applicable to the  conduct  of
  such  simulcasting  and  the  provisions  of  clauses  (A)  and  (B)  of
  subparagraph four of paragraph b  of  subdivision  one  of  section  one
  thousand  sixteen  of  this  article  shall  apply  to  those facilities
  licensed in accordance with sections one thousand eight and one thousand
  nine of this article and the  provisions  of  clauses  (A)  and  (B)  of
  subparagraph  six  of  paragraph  b  of  subdivision  one of section one
  thousand sixteen  of  this  article  shall  apply  to  those  facilities
  licensed  in accordance with section one thousand seven of this article,
  when such provisions are in full  force  and  effect  pursuant  to  such
  section.  Provided,  however,  the  provisions  of  section one thousand
  fourteen of this article shall be applicable  to  the  conduct  of  such
  simulcasting, when such provisions are in full force and effect pursuant
  to such section.
    2.  a.  Maintenance of effort. Any off-track betting corporation which
  engages in accepting wagers on the simulcasts of thoroughbred races from
  out-of-state or out-of-country as permitted  under  subdivision  one  of
  this  section shall submit to the board, for its approval, a schedule of
  payments to be made in any year or portion thereof, that such  off-track
  corporation  engages in nighttime thoroughbred simulcasting. In order to
  be approved by the board, the payment schedule shall be identical to the
  actual payments and distributions of such payments to tracks and  purses
  made by such off-track corporation pursuant to the provisions of section
  one  thousand  fifteen of this article during the year two thousand two,
  as derived from out-of-state harness races displayed after 6:00 P.M.  If
  approved  by  the  board,  such  scheduled  payments  shall be made from
  revenues derived  from  any  simulcasting  conducted  pursuant  to  this
  section and section one thousand fifteen of this article.
    b.  Additional payments. During each calendar year, to the extent, and
  at such time in the event,  that  aggregate  statewide  wagering  handle
  after  7:30  P.M.  on out-of-state and out-of-country thoroughbred races
  exceeds one hundred million dollars, each off-track betting  corporation
  conducting  such simulcasting shall pay to its regional harness track or
  tracks, an amount equal to two percent of  its  proportionate  share  of
  such  excess  handle. In any region where there are two or more regional
  harness tracks, such two percent shall be divided between or  among  the
  tracks in a proportion equal to the proportion of handle on live harness
  races conducted at such tracks during the preceding calendar year. Fifty
  percent  of  the  sum  received by each track pursuant to this paragraph
  shall be used exclusively for increasing purses, stakes  and  prizes  at
  that regional harness track.