NY Rac, Pari-Mut Wag & Breeding L § 254 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 2 - Thoroughbred Racing and Breeding 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, 2022   * 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, 2022   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, 2022   * 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, 2022   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, 2022   * 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, 2022   * 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, 2022   * 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, 2022   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.   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.