§ 1016. Simulcasting of out-of-state thoroughbred races 1. The\nprovisions of this section shall govern the simulcasting of races\nconducted at thoroughbred tracks located in another state or country on\nany day during which a franchised corporation is not conducting a race\nmeeting in Saratoga county at Saratoga thoroughbred racetrack until June\nthirtieth, two thousand twenty-six. Every off-track betting corporation\nbranch office and every simulcasting facility licensed in accordance\nwith section one thousand seven that have entered into a written\nagreement with such facility's representative horsemen's organization as\napproved by the commission, one thousand eight or one thousand nine of\nthis article shall be authorized to accept wagers and display the live\nfull-card simulcast signal of thoroughbred tracks (which may include\nquarter horse or mixed meetings provided that all such wagering on such\nraces shall be construed to be thoroughbred races) located in another\nstate or foreign country, subject to the following provisions; provided,\nhowever, no such written agreement shall be required of a franchised\ncorporation licensed in accordance with section one thousand seven of\nthis article:\n a. Each off-track betting branch office accepting wagers on an\nout-of-state track shall accept wagers on races run at all in-state\nthoroughbred tracks which are conducting racing programs and every\nsimulcasting facility licensed in accordance with sections one thousand\neight and one thousand nine of this article which is accepting wagers\nand displaying the simulcast signal from an out-of-state track shall\nsimilarly accept wagers and display the signal from all in-state\nthoroughbred tracks conducting racing programs.\n b. Any facility authorized to accept wagers on out-of-state tracks\nshall distribute all sums deposited in any pari-mutuel pool to the\nholders of winning tickets therein, provided such tickets are presented\nfor payment prior to April first of the year following the year of their\npurchase less eighteen percent of the total deposits in pools resulting\nfrom regular bets, less twenty-one percent of the total deposits in\npools resulting from multiple bets, less twenty-six percent of the total\ndeposits in pools resulting from exotic bets, and less twenty-seven\npercent of the total deposits in pools resulting from super exotic bets,\nplus the breaks as defined in section two hundred thirty-six of this\nchapter except that the retention rates and breaks shall be as\nprescribed by another state or country if such wagers are combined with\nthose in the other state or country pursuant to section nine hundred\nfive of this chapter.\n (1) Of the sums so retained, the applicable tax rates shall be as\ngoverned by clauses (A) and (B) of subparagraphs three, four, five and\nsix of this paragraph plus fifty percent of the breaks; provided,\nhowever, fifty percent of the breaks accruing from off-track betting\ncorporations licensed in accordance with section one thousand eight of\nthis article and from simulcast theaters licensed in accordance with\nsection one thousand nine of this article, shall be paid to the\nagriculture and New York State horse breeding and development fund and\nto the thoroughbred breeding and development fund, the total of such\npayments to be apportioned fifty percent to each such fund.\n (2) (A) Of the sums so retained, one-half of one percent of all wagers\nshall be paid to the New York State thoroughbred breeding and\ndevelopment fund, except that of the sums so retained on such wagers at\nlicensed harness tracks, one-half of one percent shall be paid to the\nagricultural and New York State horse breeding and development fund.\n (B) Any harness racing or association or corporation or thoroughbred\nracing corporation authorized pursuant to this section shall pay to the\ncommission as a regulatory fee, which fee is hereby levied, six-tenths\nof one percent of the total daily pari-mutuel
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