N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 254: Resources of fund

§ 254. Resources of fund. 1. * a. The fund is authorized and directed

to collect and receive on a quarterly basis in each calendar year from

any racing corporation or regional off-track betting corporations from

on-track wagers or off-track wagers, as the case may be, the sum of

one-half of one percent of regular, multiple and exotic wagers, and

three percent of super exotic wagers and to deposit such moneys in a

bank or banks in this state.

* NB Effective until October 28, 2028

* a. The fund is authorized and directed to collect and receive in

each calendar year from any racing corporation or regional off-track

betting corporations from on-track wagers or off-track wagers, as the

case may be, the sum of one-half of one percent of regular, multiple and

exotic wagers, and three percent of super exotic wagers and to deposit

such moneys in a bank or banks in this state.

* NB Effective October 28, 2028

b. The fund is authorized to receive one and one-half percent of the

total wagered after payout of prizes for the operation of video lottery

gaming at Aqueduct racetrack for an appropriate breeding fund for the

manner of racing conducted at Aqueduct racetrack, Belmont Park racetrack

and Saratoga race course.

2. The fund is authorized to dispose and distribute the moneys

received by it pursuant to this chapter and in accordance with

distribution schedules promulgated by the fund and adopted in the rules

and regulations of the commission. Such schedules shall be developed and

based on reasonable estimates of fund income for the fiscal year of the

fund and made available prior to January first of each year. In

formulating distribution schedules, the board of directors of the fund

may determine that for those New York-breds foaled after December

thirty-first, nineteen hundred eighty-seven, the amounts to be made

available in awards to the breeders and owners of such New York-breds

that have been sired by registered New York stallions may exceed the

amounts to be made available to the breeders and owners of such New

York-breds sired by other than registered New York stallions. Such

schedules may be adjusted, from time to time, by majority vote of the

board of directors of the fund, for the following purposes and no other:

* a. An amount as shall be determined by the fund, but not in excess

of forty-three percent as awards to breeders of New York-breds finishing

first, second, third and fourth in pari-mutuel races run in New York

state; except that during any calendar year when the total percentage of

breeder awards exceeds forty-three percent of total revenue, the fund,

by a two-thirds vote of its board, may increase the percentage of

revenue allotted to breeder awards, but in no event shall the allotment

exceed sixty-five percent of total revenue.

* NB Effective until October 28, 2028

* a. An amount as shall be determined by the fund, but not in excess

of forty-three percent as awards to breeders of New York-breds finishing

first, second, third and fourth in pari-mutuel races run in New York

state; except that during any calendar year when the total percentage of

breeder awards exceeds forty-three percent of total revenue, the fund,

by a two-thirds vote of its board, may increase the percentage of

revenue allotted to breeder awards, but in no event shall the allotment

exceed fifty percent of total revenue.

* NB Effective October 28, 2028

b. An amount as shall be determined by the fund, but not in excess of

thirty-three percent as premiums to owners of New York-breds finishing

first, second, third and fourth in pari-mutuel races run in New York

state and not restricted to New York-breds; except that during any

calendar year when the total percentage of owner awards exceeds

thirty-three percent of total revenue, the fund, by a two-thirds vote of

its board, may increase the percentage of revenue allotted to owner

awards, but in no event shall the allotment exceed forty percent of

total revenue.

c. An amount as shall be determined by the fund but not in excess of

fifteen percent as awards to stallion owners, whose New York stallions

have sired New York-breds finishing first, second, third and fourth in

pari-mutuel races run in New York state; except that during any calendar

year when the total percentage of stallion awards exceeds fifteen

percent of total revenue, the fund, by a two-thirds vote of its board,

may increase the percentage of revenue allotted to stallion awards, but

in no event shall the allotment exceed twenty percent of total revenue.

d. (i) An amount as shall be determined by the fund but not in excess

of forty-four percent to provide purse moneys exclusively for New

York-breds entered in all races, the conditions of which have been

approved by the fund; provided, however, that the fund shall set aside

forty percent of the funds allotted under this subdivision to tracks

operated by corporations licensed or franchised in accordance with the

provisions of section two hundred five or section two hundred six of

this article except that in addition to the other amounts allotted by

the fund under this paragraph, seventy-five percent of fund revenues

derived from payments received in accordance with subdivision one of

section five hundred twenty-seven of this chapter shall be allotted

exclusively to purses at a track operated by a corporation licensed

under the provisions of section two hundred five of this article.

(ii) The fund may direct a portion or portions of revenues allocated

in this paragraph and dedicated to a racing corporation licensed in

accordance with section two hundred five of this article to pari-mutuel

races at such track that are not restricted to New York-breds provided

that the revenues so allocated shall be used only to enrich any purses

awarded to New York-breds finishing first, second, third, fourth or

fifth in such non-restricted races.

* e. An amount as shall be determined by the fund but not in excess of

six percent to advance and promote breeding and raising of thoroughbreds

in this state by the publication and dissemination of information

relating thereto, and the encouragement of interest, including among

youth, in the breeding and raising of New York-breds, and to advance and

promote interest generally in agricultural pursuits.

* NB Effective until October 28, 2028

* e. An amount as shall be determined by the fund but not in excess of

five percent to advance and promote breeding and raising of

thoroughbreds in this state by the publication and dissemination of

information relating thereto, and the encouragement of interest,

including among youth, in the breeding and raising of New York-breds,

and to advance and promote interest generally in agricultural pursuits.

* NB Effective October 28, 2028

* f. An amount as shall be determined by the fund but not in excess of

five percent for the administration and management of the fund.

* NB Effective until October 28, 2028

* f. An amount as shall be determined by the fund but not in excess of

four percent for the administration and management of the fund.

* NB Effective October 28, 2028

g. An amount equal to two percent thereof for the promotion of equine

research through a fund of a land grant university within this state

with a regents approved veterinary college facility.

h. An amount as shall be determined by the fund for the care of

retired horses, provided, however, such amounts shall be allocated from

a dedicated account maintained by the fund supported by the collection

of fines assessed pursuant to section three hundred eighty-two of the

agriculture and markets law and contributions made pursuant to sections

two hundred nine-N and six hundred thirty-i of the tax law, and the fund

shall not be required to make any allocations for such purposes that are

in excess of the amount collected pursuant to those sections during the

preceding year. In making such allocations, the fund shall consider

whether the potential recipient organization is an accredited horse

retirement and rescue program. The gaming commission shall establish an

advisory board to consult the fund when making such allocations with

representatives of thoroughbred and standardbred owners and breeders,

and animal protection organizations with expertise in the care of

retired and rescued horses.

All moneys of the fund in excess of seventy-five thousand dollars on

hand at the end of each calendar year shall be apportioned between and

paid to the state and the regional off-track betting corporations based

on the level of contributions to such fund during the year by the racing

corporations and the regional off-track betting corporations,

respectively. Payment of such money to the state and such corporations,

respectively, shall be made by March fifteenth of the year following the

close of such calendar year.

That portion returned to the regional off-track betting corporations

shall be distributed prior to May first of such year to the

participating local governments within each region in the same

proportion as the net earnings of such corporation for the prior

calendar year were distributed.