2023 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.
3.  As  part  of  the  final gaming facility license award process for
licenses authorized under title two-A of this  article,  the  commission
shall  determine  the obligations of such entity or entities required to
maintain certain racing  support  payments  at  the  same  dollar  level
realized  in  two thousand nineteen, 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.
(a) In either region two or three of zone one, one or  more  licensees
shall  pay  an amount to horsemen for the purpose of enhancing purses at
Aqueduct racetrack, Belmont Park racetrack and Saratoga race course,  an
amount to the franchise corporation, and an amount to the New York state
thoroughbred  breeding and development fund that, in aggregate, shall be
equal to the racing support payments  made  from  video  lottery  gaming
operations   to   the   relevant  horsemen,  breeders  organizations  or
franchised corporation at the same dollar level realized in two thousand
nineteen, 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)  In  region  one  of  zone one, one or more licensees shall pay an
amount to the  relevant  horsemen  and  the  breeders  organizations  at
Yonkers  Raceway  at  the  same  dollar  level  realized in two thousand
nineteen, 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.