§ 1355 — Racing support payments

§ 1355. Racing support payments. 1. If an applicant who possesses a\npari-mutuel wagering franchise or license awarded pursuant to article\ntwo or three of this chapter, or who possessed in two thousand thirteen\na franchise or a license awarded pursuant to article two or three of\nthis chapter or is an affiliated entity of such applicant, is issued a\ngaming facility license pursuant to this article, the licensee shall:\n (a) Maintain payments made from video lottery gaming operations to the\nrelevant horsemen and breeders organizations at the same dollar level\nrealized in two thousand thirteen, to be adjusted annually pursuant to\nchanges in the consumer price index for all urban consumers, as\npublished annually by the United States department of labor bureau of\nlabor statistics;\n (b) All racetrack locations awarded a gaming facility license shall\nmaintain racing activity and race dates pursuant to articles two and\nthree of this chapter.\n 2. If an applicant that does not possess either a pari-mutuel wagering\nlicense or franchise awarded pursuant to article two or three of this\nchapter is issued a gaming facility license pursuant to this article:\n (a) For the periods prior to March sixteenth, two thousand twenty, the\nlicensee shall pay:\n (i) an amount to horsemen for purses at the licensed racetracks in the\nregion that will assure the purse support from video lottery gaming\nfacilities in the region to the licensed racetracks in the region to be\nmaintained at the same dollar levels realized in two thousand thirteen\nto be adjusted by the consumer price index for all urban consumers, as\npublished annually by the United States department of labor bureau of\nlabor statistics; and\n (ii) amounts to the agricultural and New York state horse breeding\ndevelopment fund and the New York state thoroughbred breeding and\ndevelopment fund to maintain payments from video lottery gaming\nfacilities in the region to such funds to be maintained at the same\ndollar levels realized in two thousand thirteen to be adjusted by the\nconsumer price index for all urban consumers, as published annually by\nthe United States department of labor bureau of labor statistics; and\n (b) Beginning on March sixteenth, two thousand twenty and for all time\nthereafter, the licensee shall pay an amount to horsemen for purses at\nthe licensed racetracks in the region and an amount to the agricultural\nand New York state horse breeding development fund and the New York\nstate thoroughbred breeding and development fund that, in aggregate,\nshall be equal to the product of three and eight-tenths percent\nmultiplied by the gross gaming revenue from slot machines of the\nlicensee for the applicable calendar year, provided that such amount\nshall not exceed the amount paid by the licensee to such horsemen and\nbreeders funds for the full two thousand nineteen calendar year adjusted\nannually by the lesser of (i) consumer price index for all urban\nconsumers, as published annually by the United States department of\nlabor bureau of labor statistics or (ii) two and four-tenths percent. Of\nthe amount paid pursuant to this paragraph, eighty-seven percent will be\npaid to the horsemen and the remainder will be paid to the agricultural\nand New York state horse breeding development fund and the New York\nstate thoroughbred breeding and development fund.\n (c) Aggregate payments owed for the calendar year of two thousand\ntwenty pursuant to paragraphs (a) and (b) of this subdivision shall be\npayable in two thousand twenty-one in three installments of four hundred\nsixty thousand dollars in April, July and October with the remainder\npayable in December, with eighty-seven percent of the aggregate payable\nto the horsemen and the remainder payable to the breeders funds.\nPayments owed for calendar years two thousand twenty-one and thereafter\nshall be payable in calendar quarterly installments, within thirty days\nof the completion of the preceding calendar quarter.\n 3. As part of the final gaming facility license award process for\nlicenses authorized under title two-A of this article, the commission\nshall determine the obligations of such entity or entities required to\nmaintain certain racing support payments at the same dollar level\nrealized in two thousand nineteen, to be adjusted annually pursuant to\nchanges in the consumer price index for all urban consumers, as\npublished annually by the United States department of labor bureau of\nlabor statistics.\n (a) In either region two or three of zone one, one or more licensees\nshall pay an amount to horsemen for the purpose of enhancing purses at\nAqueduct racetrack, Belmont Park racetrack and Saratoga race course, an\namount to the franchise corporation, and an amount to the New York state\nthoroughbred breeding and development fund that, in aggregate, shall be\nequal to the racing support payments made from video lottery gaming\noperations to the relevant horsemen, breeders organizations or\nfranchised corporation at the same dollar level realized in two thousand\nnineteen, to be adjusted annually pursuant to changes in the consumer\nprice index for all urban consumers, as published annually by the United\nStates department of labor bureau of labor statistics.\n (b) In region one of zone one, one or more licensees shall pay an\namount to the relevant horsemen and the breeders organizations at\nYonkers Raceway at the same dollar level realized in two thousand\nnineteen, to be adjusted annually pursuant to changes in the consumer\nprice index for all urban consumers, as published annually by the United\nStates department of labor bureau of labor statistics.\n