Section 526. Use of track facilities; combined pools

In order to effectuate
  the general policy of this article that off-track and on-track wagers be
  combined  into  single  pools to provide uniform odds and payouts, track
  operators shall be subject to the requirements of this section.
    1. a. At the request of  a  regional  corporation,  a  track  operator
  conducting  a  race  meeting  at a track in this state, shall, upon such
  terms and conditions as may be agreed upon  by  such  operator  and  the
  corporation  subject  to  the approval of the board, provide appropriate
  space and facilities at its track whereby the  corporation  may  perform
  the functions hereinafter described with respect to the transmission and
  reception  of  wagering  and racing information; provided, however, that
  payments  to  the  track  operator  pursuant  to  section  five  hundred
  twenty-seven  of this article shall be deemed adequate consideration for
  the occupancy of vacant space at such  track  or  the  use  of  existing
  facilities.  The terms and conditions shall provide that the cost of any
  additional  office  space  or  the  installation,  leasing,   operation,
  maintenance and servicing of additional facilities or equipment shall be
  borne by the corporation.
    b.  In  the event that a corporation and such operator shall be unable
  to agree upon the space and facilities of such track to be  provided  to
  the corporation by such operator, or the terms and conditions of the use
  and  occupancy  thereof  by  the  corporation,  the  board  shall,  upon
  application in writing  made  either  by  the  corporation  or  by  such
  operator,  determine the appropriate space and facilities to be provided
  to such corporation and the terms, conditions and costs of its  use  and
  occupancy by such corporation.
    c.  Upon  the decision of the board, the corporation shall be entitled
  to use and occupy immediately the space and facilities prescribed by the
  board, upon the terms and conditions established by the board.
    2. No track operator shall prevent a regional corporation  from  using
  and   occupying   the  space  and  facilities  prescribed  according  to
  subdivision one of this section, nor fail to cause off-track  wagers  to
  be  combined  with on-track wagers into single pools, provided off-track
  wagering information is transmitted to the  track  in  an  accurate  and
  timely  fashion,  nor prevent such transmission of racing information by
  the regional corporation to its offices as may be  consistent  with  the
  regulations of the board.
    3.  The  board shall be entitled to the use and occupancy of space and
  facilities  upon  reasonable  terms  in  like  manner  as   a   regional
  corporation  whenever  it  shall  so  require  in  order  to perform its
  statewide  transmission  function  pursuant  to  section  five   hundred
  twenty-five  of  this article. Any claim arising from such occupancy and
  use shall be determined by the court of claims.
    4.  The  board,  on  its  own  behalf  or  on  behalf  of  a  regional
  corporation,  may apply to the supreme court for an injunction directing
  any track operator to comply with this section. In any such  action  the
  board shall not be required to post bond or security.
    5.  Nothing  contained in this section shall be construed as requiring
  the board or any regional corporation to pay or  deliver  to  any  track
  operator  any  sum received from any bettor as a wager or otherwise, but
  the net amount due from the board or such regional  corporation  to  the
  operator,  in  the  event  that payments to winning bettors at the track
  exceed the portion of the pari-mutuel pool attributable to such bettors,
  or the net amount due  from  the  operator  to  the  board  or  regional
  corporation, in the event that payments to winning bettors off the track
  exceed the portion of the pari-mutuel pool attributable to such bettors,
  as the case may be, shall be paid within seven days of a race.