NY Rac, Pari-Mut Wag & Breeding L § 1355 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 6 - Taxation and Fees 1355 - Racing Support Payments.

§  1355.  Racing  support payments. 1. If an applicant who possesses a pari-mutuel wagering franchise or license awarded  pursuant  to  article two  or three of this chapter, or who possessed in two thousand thirteen a franchise or a license awarded pursuant to article  two  or  three  of this  chapter  or is an affiliated entity of such applicant, is issued a gaming facility license pursuant to this article, the licensee shall:  (a) Maintain payments made from video lottery gaming operations to the relevant horsemen and breeders organizations at the  same  dollar  level realized  in  two thousand thirteen, to be adjusted annually pursuant to changes in  the  consumer  price  index  for  all  urban  consumers,  as published  annually  by  the United States department of labor bureau of labor statistics;  (b) All racetrack locations awarded a gaming  facility  license  shall maintain  racing  activity  and  race dates pursuant to articles two and three of this chapter.   2. If an applicant that does not possess either a pari-mutuel wagering license or franchise awarded pursuant to article two or  three  of  this chapter is issued a gaming facility license pursuant to this article:  (a) For the periods prior to March sixteenth, two thousand twenty, the licensee shall pay:  (i) an amount to horsemen for purses at the licensed racetracks in the region  that  will  assure  the  purse support from video lottery gaming facilities in the region to the licensed racetracks in the region to  be maintained  at  the same dollar levels realized in two thousand thirteen to be adjusted by the consumer price index for all urban  consumers,  as published  annually  by  the United States department of labor bureau of labor statistics; and  (ii) amounts to the agricultural and New  York  state  horse  breeding development  fund  and  the  New  York  state  thoroughbred breeding and development  fund  to  maintain  payments  from  video  lottery   gaming facilities  in  the  region  to  such funds to be maintained at the same dollar levels realized in two thousand thirteen to be  adjusted  by  the consumer  price  index for all urban consumers, as published annually by the United States department of labor bureau of labor statistics; and  (b) Beginning on March sixteenth, two thousand twenty and for all time thereafter, the licensee shall pay an amount to horsemen for  purses  at the  licensed racetracks in the region and an amount to the agricultural and New York state horse breeding development  fund  and  the  New  York state  thoroughbred  breeding  and  development fund that, in aggregate, shall be  equal  to  the  product  of  three  and  eight-tenths  percent multiplied  by  the  gross  gaming  revenue  from  slot  machines of the licensee for the applicable calendar year,  provided  that  such  amount shall  not  exceed  the amount paid by the licensee to such horsemen and breeders funds for the full two thousand nineteen calendar year adjusted annually by the lesser  of  (i)  consumer  price  index  for  all  urban consumers,  as  published  annually  by  the United States department of labor bureau of labor statistics or (ii) two and four-tenths percent. Of the amount paid pursuant to this paragraph, eighty-seven percent will be paid to the horsemen and the remainder will be paid to the  agricultural and  New  York  state  horse  breeding development fund and the New York state thoroughbred breeding and development fund.  (c) Aggregate payments owed for the  calendar  year  of  two  thousand twenty  pursuant  to paragraphs (a) and (b) of this subdivision shall be payable in two thousand twenty-one in three installments of four hundred sixty thousand dollars in April, July and  October  with  the  remainder payable  in December, with eighty-seven percent of the aggregate payable to the horsemen  and  the  remainder  payable  to  the  breeders  funds. Payments  owed for calendar years two thousand twenty-one and thereafter  shall be payable in calendar quarterly installments, within thirty  days of the completion of the preceding calendar quarter.