2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 3 - Harness Racing and Breeding › 332 - Resources of Fund.

§ 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.