STATE OF NEW YORK
________________________________________________________________________
5923
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Racing and Wagering
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 and item (ii) as amended by
4 chapter 243 of the laws of 2020, is amended to read as 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 percent 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
24 the live simulcast signal from the out-of-state track,] the total sum
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09476-01-5
A. 5923 2
1 shall be divided among the tracks in proportion to the ratio the wagers
2 placed on races conducted by each track bears to the corporation's total
3 in-region harness handle. [If one or more tracks are accepting wagers or
4 displaying the live simulcast signal, the total amount shall be divided
5 among those tracks not accepting wagers or displaying the simulcast
6 signal for an out-of-state track or in-state thoroughbred corporation or
7 association.]
8 § 2. Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of
9 section 1016 of the racing, pari-mutuel wagering and breeding law, as
10 amended by chapter 18 of the laws of 2008 and item (ii) as amended by
11 chapter 243 of the laws of 2020, is amended to read as follows:
12 (F) [On] During the first one hundred twenty days in any calendar year
13 when a franchised corporation is not conducting a race meeting [and when
14 a licensed harness track is neither accepting wagers nor displaying the
15 signal from an in-state thoroughbred corporation or association or an
16 out-of-state thoroughbred track]:
17 (i) [Such] A licensed regional harness track shall receive in lieu of
18 any other payments on wagers placed at off-track betting facilities
19 outside the special betting district on races conducted by an in-state
20 thoroughbred racing corporation, two and eight-tenths percent on regular
21 and multiple bets during a regional meeting and one and nine-tenths
22 percent of such bets if there is no regional meeting and four and eight-
23 tenths percent on exotic bets on days on which there is a regional meet-
24 ing and three and four-tenths percent of such bets if there is no
25 regional meeting.
26 (ii) [Such] A licensed regional harness track shall receive [one and
27 one-half] three-quarters of one percent on total regional handle on
28 races conducted at out-of-state or out-of-country thoroughbred tracks.
29 (iii) In those regions in which there is more than one licensed
30 regional harness track, [if no track is accepting wagers or displaying
31 the live simulcast signal from the out-of-state track,] the total sum
32 shall be divided among the tracks in proportion to the ratio the wagers
33 placed on races conducted by each track bears to the corporation's total
34 in-region harness handle. [If one or more tracks are accepting wagers or
35 displaying the live simulcast signal, the total amount shall be divided
36 among those tracks not accepting wagers or displaying the simulcast
37 signal for an out-of-state track or in-state thoroughbred corporation.]
38 § 3. Subdivision 2 of section 1017 of the racing, pari-mutuel wagering
39 and breeding law, as amended by chapter 174 of the laws of 2013 and
40 paragraph a as amended by chapter 243 of the laws of 2020, is amended to
41 read as follows:
42 2. a. Maintenance of effort. Any off-track betting corporation that
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 commission, for its approval, a sched-
46 ule of payments to be made in any year or portion thereof, that such
47 off-track corporation engages in nighttime thoroughbred simulcasting. In
48 order to be approved by the commission, the payment schedule shall be
49 identical to the actual payments and distributions of such payments to
50 tracks and purses made by such off-track corporation pursuant to the
51 provisions of section one thousand fifteen of this article during the
52 year two thousand two, as derived from out-of-state harness races
53 displayed after 6:00 P.M. If approved by the commission, such scheduled
54 payments shall be made from revenues derived from any simulcasting
55 conducted pursuant to this section and section one thousand fifteen of
56 this article. Notwithstanding any inconsistent provision of this para-
A. 5923 3
1 graph: (i) for purposes of calculating the payments to be made pursuant
2 to this paragraph for calendar year two thousand twenty-five, the amount
3 otherwise payable, if any, by an off-track betting corporation to a
4 regional harness track shall be reduced in proportion to the reduction,
5 if any, in the number of racing programs conducted by the regional
6 harness track during two thousand twenty-five compared with the number
7 of racing programs conducted by such track during the two thousand
8 twelve base calendar year; and (ii) no off-track betting corporation
9 shall have any further payment obligation pursuant to this paragraph
10 with respect to calendar years commencing on or after January first, two
11 thousand twenty-six.
12 b. Additional payments. During each calendar year, to the extent, and
13 at such time in the event, that aggregate statewide wagering handle
14 after 7:30 P.M. on out-of-state and out-of-country thoroughbred races
15 exceeds one hundred million dollars, each off-track betting corporation
16 conducting such simulcasting shall pay to its regional harness track or
17 tracks, an amount equal to [two percent] the following percentage of its
18 proportionate share of such excess handle: for calendar years through
19 two thousand twenty-five, two percent; for calendar year two thousand
20 twenty-six, one and one-half percent; for calendar year two thousand
21 twenty-seven, one percent; and for calendar year two thousand twenty-
22 eight, one-half of one percent. There shall be no further additional
23 payment obligation pursuant to this paragraph for calendar years
24 commencing on or after January first, two thousand twenty-eight. In any
25 region where there are two or more regional harness tracks, such [two
26 percent] payment amount shall be divided between or among the tracks in
27 a proportion equal to the proportion of handle on live harness races
28 conducted at such tracks during the preceding calendar year. Fifty
29 percent of the sum received by each track pursuant to this paragraph
30 shall be used exclusively for increasing purses, stakes and prizes at
31 that regional harness track. For the purpose of determining whether such
32 aggregate statewide handle exceeds one hundred million dollars, all
33 wagering on such thoroughbred races accepted by licensed multi-jurisdic-
34 tional account wagering providers from customers within New York state
35 shall be excluded.
36 § 4. This act shall take effect immediately.
