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This entry was published on 2022-05-13
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SECTION 254
Resources of fund
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 2
§ 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, 2023

* 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, 2023

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, 2023

* 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, 2023

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, 2023

* 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, 2023

* 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, 2023

* 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, 2023

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.