2023 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, 2024
* 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, 2024
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, 2024
* 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, 2024
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, 2024
* 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, 2024
* 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, 2024
* 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, 2024
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.
h.  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 maintained by the fund supported by the collection

of fines assessed pursuant to section three hundred  eighty-two  of  the
agriculture  and markets law and contributions made pursuant to sections
two hundred nine-N and six hundred thirty-i of the tax law, and the fund
shall not be required to make any allocations for such purposes that are
in  excess of the amount collected pursuant to those sections during the
preceding year. In making such  allocations,  the  fund  shall  consider
whether  the  potential  recipient  organization  is an accredited horse
retirement and rescue program. 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.
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.