230.3771 Limitations on and conditions for interstate simulcasting and wagering at
2,395 words·~11 min read·
/ky/230-3771A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Thoroughbred tracks, harness tracks, and simulcast facilities.
(1)A Thoroughbred track licensed to conduct Thoroughbred racing may receive
interstate simulcasts of Thoroughbred, quarter horse, paint horse, Appaloosa, and
Arabian horse races, and conduct interstate wagering thereon, subject to the
following limitations:
(a)A Thoroughbred receiving track may receive interstate simulcasts of
Thoroughbred races and conduct interstate wagering thereon at any time of
day and during any live Thoroughbred horse race meet conducted in the
Commonwealth of Kentucky so long as the Thoroughbred receiving track
conducting interstate wagering remits to the Thoroughbred host track
conducting a live meet, from the first awarded day of its live meet through the
last awarded day of the same live meet, the amounts provided in paragraph
of this subsection;
(b)A Thoroughbred host track which receives interstate simulcasts and conducts
interstate wagering thereon during the period of time from the first awarded
day of its live meet through the last awarded day of its live meet shall offer
the simulcasts to all Thoroughbred receiving tracks, all harness tracks not
subject to the provisions of KRS 230.377(2), and all simulcast facilities
through the intertrack wagering system;
(c)Except as otherwise prohibited by law, a receiving track shall conduct
intertrack wagering on all live races of all Thoroughbred host tracks on any
day on which it receives an interstate simulcast for the purpose of conducting
interstate wagering;
(d)No host track shall require that any receiving track or simulcast facility
receive the interstate simulcast;
(e)If more than one
(1)Thoroughbred track conducts live racing at the same time
on the same day, no track or simulcast facility may receive an interstate
simulcast of Thoroughbred races unless all Thoroughbred tracks conducting
live racing at the same time of day agree upon all interstate simulcasts to be
received and the division of the Thoroughbred host track's commission. If
more than one
(1)Thoroughbred track conducts live racing at different times
on the same day, the Thoroughbred host track with the highest average daily
handle, based on the preceding year, shall be the host track for purposes of
splitting the commissions earned on interstate wagering at receiving tracks
within the Commonwealth. For purposes of this subsection, average daily
handle includes live handle, intertrack wagering handle, and simulcast facility
handle. Also for purposes of this subsection, the time of day during which a
host track conducts live racing commences with its first published post time
and concludes ten
(10)minutes after the published post time of its last race of
the day, regardless of actual post times;
(f)Each Thoroughbred track which desires to conduct interstate wagering
pursuant to the provisions of this subsection shall during each year make
application to the corporation for no less than one hundred percent (100%) of
the number of racing days awarded to the track in 1994 and one hundred
percent (100%) of the number of races scheduled to be run by the track in
1993;
(g)Notwithstanding paragraph
(f)of this subsection, any Thoroughbred track
may apply for less than one hundred percent (100%) of the number of racing
days awarded to the track in 1994 or one hundred percent (100%) of the
number of races scheduled to be run by the track in 1993, if written approval
is obtained from the Kentucky Horsemen's Benevolent and Protective
Association and the Kentucky Thoroughbred Owners and Breeders
Association, Inc.;
(h)A separate accounting on all interstate simulcasting shall be submitted to the
corporation. The accounting shall be submitted in the same format and at the
same time that the report for intertrack wagering is submitted;
(i)If the only simulcast or simulcasts a track participating as a host track makes
available for interstate wagering through this state's intertrack wagering
system on any race day are Thoroughbred horse races designated as graded
stakes races by the Graded Stakes Committee of the Thoroughbred Owners
and Breeders Association, Inc., then the commission of the receiving track on
these interstate wagers shall be split as prescribed by KRS 230.378(3);
otherwise, the commission of the receiving track shall be split as prescribed
by paragraph
(j)of this subsection. Interstate simulcasts received by a
Thoroughbred host track under the conditions set forth in this paragraph shall
not be subject to the conditions set forth in paragraphs (b), (c), (e), and
(f)of
this subsection;
(j)A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the track
from which the interstate simulcast originated, shall be split as follows:
1. Twenty-five percent (25%) to the receiving track where the interstate
wagering occurs;
2. Twenty-five percent (25%) to the Thoroughbred host track designated
by paragraphs
(a)and
(e)of this subsection. However, if the race does
not occur between the first awarded day of a live meet and the last
awarded day of the same live meet, an additional twenty-five percent
(25%) shall be retained by the receiving track where the interstate
wagering occurs;
3. Twenty-five percent (25%) to the purse program of the receiving track
where the interstate wagering occurs; and
4. Twenty-five percent (25%) to the purse program of the Thoroughbred
host track designated by paragraphs
(a)and
(e)of this subsection.
However, if the race does not occur between the first awarded day of a
live meet and the last awarded day of the same live meet, then an
additional twenty-five percent (25%) shall be paid to the purse program
of the receiving track where the interstate wagering occurs; and
(k)A simulcast facility's commission on interstate wagering on Thoroughbred
racing, after deduction of applicable taxes and any amounts required to be
paid by contract to the track from which the interstate simulcast originated,
shall be split as provided in KRS 230.380(9).
(2)A harness track licensed to conduct harness racing may receive interstate simulcasts
of harness horse, quarter horse, paint horse, Appaloosa, and Arabian horse races
and conduct interstate wagering thereon subject to the following limitations:
(a)A harness receiving track may receive interstate simulcasts of harness races,
quarter horse races, paint horse races, Appaloosa races, and Arabian horse
races, and conduct interstate wagering thereon at any time of day and during
the course of any live harness horse race meet conducted in the
Commonwealth of Kentucky so long as the harness receiving track
conducting interstate wagering remits to the harness host track conducting a
live meet, from the first awarded day of its live meet through the last awarded
day of the same live meet, the amounts provided in paragraph
(j)of this
subsection;
(b)A harness host track which receives an interstate simulcast and conducts
interstate wagering thereon during its live race meet shall offer the simulcasts
to all Thoroughbred receiving tracks not subject to the provisions of KRS
230.377(2), all harness tracks, and all simulcast facilities through the
intertrack wagering system;
(c)Except as otherwise prohibited by law, a harness receiving track or a
simulcast facility shall conduct intertrack wagering on all live races of a
harness host track on any day it receives an interstate simulcast from a harness
host track;
(d)No host track shall require that any receiving track or simulcast facility
receive the interstate simulcast;
(e)If more than one
(1)harness track conducts live racing at the same time on the
same day, no track or simulcast facility may receive an interstate simulcast on
harness races unless all harness tracks conducting live racing at that time of
day agree upon the interstate simulcast to be received and the division of the
harness host track's commission. If more than one
(1)harness track conducts
live racing at different times on the same day, the harness host track with the
highest average daily handle, based on the preceding year, shall be the host
track for purposes of splitting the commissions earned on interstate wagering
at receiving tracks within the Commonwealth. For purposes of this subsection,
average daily handle includes live handle, intertrack wagering handle, and
simulcast facility handle. Also for purposes of this subsection, the time of day
during which a host track conducts live racing commences with its first
published post time and conclude ten
(10)minutes after the published post
time of its last race of the day, regardless of actual post times;
(f)Each harness track which desires to conduct interstate wagering pursuant to
the provisions of this subsection shall during each year make application to
the corporation for no less than one hundred percent (100%) of the number of
racing days awarded to the track in 1994 and one hundred percent (100%) of
the number of races scheduled to be run by the track in 1993;
(g)Notwithstanding paragraph
(f)of this subsection, any harness track may apply
for less than one hundred percent (100%) of the number of racing days
awarded to the track in 1994 or one hundred percent (100%) of the number of
races scheduled to be run by the track in 1993, if written approval is obtained
from the Kentucky Harness Horsemen's Association, or its successor;
(h)A separate accounting on all interstate simulcasting shall be submitted to the
corporation. This accounting shall be submitted in the same format and at the
same time that the report for intertrack wagering is submitted;
(i)If the only simulcast or simulcasts a track participating as a harness host track
makes available for interstate wagering through this state's intertrack
wagering system on any race day are harness horse races (both final and
elimination) having a final purse in excess of seventy-five thousand dollars
($75,000), then the commission of the receiving track on these interstate
wagers shall be split as prescribed by KRS 230.378(3); otherwise, the
commission of the receiving track shall be split as prescribed by paragraph
of this subsection. Interstate simulcasts received by a harness host track under
the conditions set forth in this paragraph shall not be subject to the conditions
set forth in paragraphs (b), (c), (e), and
(f)of this subsection;
(j)A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the track
from which the interstate simulcast originated, shall be split as follows:
1. Twenty-five percent (25%) to the receiving track where the interstate
wagering occurs;
2. Twenty-five percent (25%) to the harness host track designated by
paragraphs
(a)and
(e)of this subsection. However, if no live meet is
occurring, an additional twenty-five percent (25%) shall be retained by
the receiving track where the interstate wagering occurs;
3. Twenty-five percent (25%) to the purse program of the receiving track
where the interstate wagering occurs; and
4. Twenty-five percent (25%) to the purse program of the harness host
track designated by paragraphs
(a)and
(e)of this subsection. However,
if no live meet is occurring, an additional twenty-five percent (25%)
shall be paid to the purse program of the receiving track where the
interstate wagering occurs; and
(k)A simulcast facility's commission on interstate wagering on harness races,
after deduction of applicable taxes and any amount required to be paid by
contract to the track from which the interstate simulcast originated, shall be
split as provided in KRS 230.380(9).
(3)A harness track may only receive interstate simulcasts of Thoroughbred horse races
and conduct interstate wagering thereon as provided in subsection (1)(b) of this
section. A Thoroughbred track may only receive interstate simulcasts of harness
horse races and conduct interstate wagering thereon as provided in subsection (2)(b)
of this section. A simulcast facility may only receive interstate simulcasts of
Thoroughbred and harness horse races and conduct interstate wagering thereon as
provided in subsections (1)(b) and (2)(b) of this section.
(a)A Thoroughbred track licensed to conduct horse racing may receive interstate
simulcasts of quarter horse, paint horse, Appaloosa, and Arabian horse races
and conduct interstate wagering thereon, subject to the limitations stated in
paragraph
(b)of this subsection.
(b)A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the track
from which the interstate simulcast originated, shall be split as follows:
1. Twenty-five percent (25%) to the receiving track where the interstate
wagering occurs;
2. Twenty-five percent (25%) to the host track; and
3. Consistent with the horse breed participating in the race:
a. Fifty percent (50%) to the Kentucky paint horse, Appaloosa, and
Arabian purse fund established by KRS 230.446 to supplement
purses for paint horse, Appaloosa, and Arabian horse races in this
state; or
b. Fifty percent (50%) to the Kentucky quarter horse purse fund
established by KRS 230.407 to supplement purses for quarter
horse races in this state.
(a)A harness track licensed to conduct horse racing may receive interstate
simulcasts of quarter horse, paint horse, Appaloosa, and Arabian horse races
and conduct interstate wagering thereon, subject to the limitations stated in
paragraphs (b), (c), and
(d)of this subsection.
(b)A receiving track's commission on interstate wagering, after deduction of
applicable taxes and any amounts required to be paid by contract to the track
from which the interstate simulcast originated, shall be split as follows:
1. Twenty-five percent (25%) to the purse program of the receiving track;
2. Twenty-five percent (25%) to the purse program of the host track;
3. Twenty-five percent (25%) to the receiving track; and
4. Twenty-five percent (25%) to the host track.
(c)When a paint horse, Appaloosa, or Arabian horse race is run at a Kentucky
race track, the commission to the Kentucky paint horse, Appaloosa, and
Arabian purse fund established by KRS 230.446 shall be twenty-two percent
(22%) from the host track's purse share.
(d)When a quarter horse race is run at a Kentucky race track, the commission to
the Kentucky quarter horse purse fund established by KRS 230.407 shall be
twenty-two percent (22%) from the host track's purse share.
(6)Other provisions of the Kentucky Revised Statutes notwithstanding, any track in a
geographic area that contains more than one
(1)track within a fifty
(50)mile radius
of any other track may only receive interstate simulcasts on racing of the same
breed of horse as the track was licensed to race on or before July 15, 1998, except
any track may receive interstate simulcasts on quarter horse, paint horse,
Appaloosa, or Arabian horse races.