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This entry was published on 2021-12-03
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SECTION 332
Resources of fund
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 3
§ 332. Resources of fund. The fund is authorized and directed:

1. To collect and receive in each calendar year amounts to be paid to
the fund by the persons or corporations licensed to conduct pari-mutuel
betting at harness racing tracks, an amount equal to three-fifths of one
per centum of all moneys deposited in pari-mutuel betting pools
resulting from on-track bets at all races conducted by licensees at a
harness horse meeting or races run thereat except that for super exotic
betting pools such amount shall be three per centum of such bets, as
provided by paragraph c of subdivision one of section three hundred
eighteen of this article and to collect and receive in each calendar
year to be paid to the fund by each regional corporation, an amount
equal to three-fifths of one per centum of daily pools derived from
off-track bets on harness races except that for super exotic betting
pools such amount shall be three per centum of such bets as provided by
subdivision five of section five hundred twenty-seven of this chapter;
provided however, that after April first, nineteen hundred eighty-six,
the amount to be collected and received from such licensees and regional
corporations, except for super exotic betting pools, shall be one per
centum, and to collect and receive such funds as may otherwise be
authorized by law. The moneys shall be deposited forthwith in a bank or
banks in this state. The fund is authorized to dispose of and distribute
the monies received by it pursuant to the provisions of this chapter for
the following purpose and no others:

a. An amount as shall be determined by the fund, but shall not exceed
four percent thereof in an account designated "administration".

b. An amount as shall be determined by the fund in an account
designated "4-H standardbred development program".

c. An amount as shall be determined by the fund in an account
designated "New York state exposition horse facility maintenance and
construction".

d. An amount as shall be determined by the fund in an account
designated "New York state exposition breeding farms".

e. An amount as shall be determined by the fund in an account
designated "county and town agricultural societies".

f. An amount as shall be determined by the fund but shall not be less
than seventy-five percent thereof in an account designated "New York
state breeding farms", and of such amount not less than ten percent nor
more than twenty percent as determined by the trustees of the fund may
be used exclusively for breeders' awards for New York-breds and awards
to owners of eligible stallions.

g. An amount as shall be determined by the fund in an account
designated "county and town agricultural society harness racing events".

h. An amount equal to two percent thereof in an account designated
"equine research".

i. An amount as shall be determined by the fund, but not in excess of
one and one-half percent thereof, in an account designated "to support
and promote research, educational programming, and the preservation of
the history and traditions of harness and trotting horse racing through
acquiring and maintaining collections of artifacts, memorabilia and
documents related to such history and to maintaining a historic race
track that is designated as a national registered historic landmark".

j. 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 to be funded by the collection of fines assessed
pursuant to section three hundred eighty-two of the agriculture and
markets law. 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.

2. a. To disburse annually out of the account designated in paragraph
e of subdivision one of this section, to any agricultural society
qualified therefor under rules and regulations established by the fund
and which properly requests same, reimbursement for moneys expended by
it for actual and necessary repairs to its grounds or buildings approved
by the fund and used directly in promotion of agriculture generally,
except that no such qualifying society shall be paid in excess of six
thousand dollars for such repair in any one year, and to disburse
annually out of the said account designated in paragraph e of
subdivision one of this section, to any agricultural society qualified
therefor, under rules and regulations established by the fund and which
properly requests same.

b. After disbursements of moneys out of the account designated in
paragraph e of subdivision one of this section for repairs as set forth
in paragraph a of this subdivision, to disburse the balance of moneys in
such account upon proper request made by a duly qualifying agricultural
society for capital construction of the grounds, building or equipment,
of the requesting society. In the event that the said balance remaining
in such account is not sufficient to pay each qualifying society the
amount requested and approved for payment by the authority, the balance
in such account shall be paid proratably to the amount each requesting
society would be eligible to receive, except that no qualifying society
shall be paid in excess of fifteen thousand dollars for such capital
construction purpose in any one year. No capital construction moneys
under this subdivision shall be paid to any such agricultural society in
the absence of satisfactory proof presented to the fund that such
society has in its possession or on deposit to its account in bank, a
like amount of money to be used by it for the same capital construction
purpose.

c. Each such society whose application for capital construction moneys
as described in paragraph b of this subdivision is approved by the fund
in any year, shall have the right and privilege to defer such approved
payment to it for capital construction for a period of up to three years
beyond the year of approval. In the event that the approved capital
construction remains uncompleted at the end of said three year deferred
period, the amount of moneys so approved and deferred shall become a
part of the balance for capital construction available to all such
agricultural societies.

d. Any county or town agricultural society may apply to the fund for
permission pursuant to the provisions hereof to make one or more capital
improvements and the fund shall determine whether the proposed capital
construction will promote agriculture or domestic arts in this state
and, on a finding in the affirmative shall approve such construction and
provide for payment to the applying society out of the account under the
provisions designated in paragraph e of subdivision one of this section.

e. Agricultural societies qualified to participate under this
subdivision, shall, on or before the thirty-first day of December in the
year immediately preceding the year in which the said moneys are to be
distributed, make application for participation to the fund. Sums paid
hereunder to participating societies shall be separate from and
additional to any sums paid annually by the department of agriculture
and markets under the provisions of section two hundred eighty-six of
the agriculture and markets law.

f. The fund shall provide forms for application for distribution and
shall prescribe such regulations and rules as are necessary for carrying
out the provisions of this section and may make such investigations as
are necessary to determine the validity of any requests, claims and
applications for distribution of moneys hereunder.

3. To disburse annually out of the account designated in paragraph b
of subdivision one of this section, to such 4-H societies, such amounts
as the directors deem advisable, as are engaged or propose to engage in
a program for the development of standardbred horses. The form for
application by such 4-H societies for such moneys, shall be prescribed
by the trustees of the fund.

4. To disburse annually out of the account designated in paragraph c
of subdivision one of this section, to the department of agriculture and
markets for the construction and maintenance of racing facilities at the
New York state exposition, such moneys deposited therein, to the extent
that such moneys are expended for such purposes.

5. The salaries of the officers, agents and employees, and all other
expenses of the said fund shall be paid out of the account designated in
paragraph a of subdivision one of this section.