This was one of the major causes of the decline of NYC OTB that gets little or no press. It's suspect enough that the OTBs have to make payments to Yonkers, Monticello etc... in order to take bets on out of state tracks like Mountaineer etc.. where they make no money and there is little or no conflict with harness racing, but they had to make them while the harness tracks were closed working on their casinos. It is idiotic mandated costs like this that contribute to the broken racing model in NY that will put Nassau OTB under soon also.
http://www.harnesslink.com/www/Article.cgi?ID=93290
"The payments, mandated by state law, reflect a share of the proceeds OTBs get by simulcasting races from outside the state. All told, the regional OTBs are on the hook for at least $10 million. Nassau is liable for $4.5 million -- the largest tab for any of the regional OTBs in the state."
"In court, the OTBs have argued they don't have to pay the tracks a share at certain times, such as "dark days" when harness tracks weren't racing. They also dispute payments for a roughly 16-month period that Yonkers was closed. They filed several claims challenging the law. The Racing Board has sided with the harness tracks. So far, all the claims have been rejected by the courts."