§ 254 — Resources of fund

§ 254. Resources of fund. 1. * a. The fund is authorized and directed\nto collect and receive on a quarterly basis in each calendar year from\nany racing corporation or regional off-track betting corporations from\non-track wagers or off-track wagers, as the case may be, the sum of\none-half of one percent of regular, multiple and exotic wagers, and\nthree percent of super exotic wagers and to deposit such moneys in a\nbank or banks in this state.\n * NB Effective until October 28, 2028\n * a. The fund is authorized and directed to collect and receive in\neach calendar year from any racing corporation or regional off-track\nbetting corporations from on-track wagers or off-track wagers, as the\ncase may be, the sum of one-half of one percent of regular, multiple and\nexotic wagers, and three percent of super exotic wagers and to deposit\nsuch moneys in a bank or banks in this state.\n * NB Effective October 28, 2028\n b. The fund is authorized to receive one and one-half percent of the\ntotal wagered after payout of prizes for the operation of video lottery\ngaming at Aqueduct racetrack for an appropriate breeding fund for the\nmanner of racing conducted at Aqueduct racetrack, Belmont Park racetrack\nand Saratoga race course.\n 2. The fund is authorized to dispose and distribute the moneys\nreceived by it pursuant to this chapter and in accordance with\ndistribution schedules promulgated by the fund and adopted in the rules\nand regulations of the commission. Such schedules shall be developed and\nbased on reasonable estimates of fund income for the fiscal year of the\nfund and made available prior to January first of each year. In\nformulating distribution schedules, the board of directors of the fund\nmay determine that for those New York-breds foaled after December\nthirty-first, nineteen hundred eighty-seven, the amounts to be made\navailable in awards to the breeders and owners of such New York-breds\nthat have been sired by registered New York stallions may exceed the\namounts to be made available to the breeders and owners of such New\nYork-breds sired by other than registered New York stallions. Such\nschedules may be adjusted, from time to time, by majority vote of the\nboard of directors of the fund, for the following purposes and no other:\n * a. An amount as shall be determined by the fund, but not in excess\nof forty-three percent as awards to breeders of New York-breds finishing\nfirst, second, third and fourth in pari-mutuel races run in New York\nstate; except that during any calendar year when the total percentage of\nbreeder awards exceeds forty-three percent of total revenue, the fund,\nby a two-thirds vote of its board, may increase the percentage of\nrevenue allotted to breeder awards, but in no event shall the allotment\nexceed sixty-five percent of total revenue.\n * NB Effective until October 28, 2028\n * a. An amount as shall be determined by the fund, but not in excess\nof forty-three percent as awards to breeders of New York-breds finishing\nfirst, second, third and fourth in pari-mutuel races run in New York\nstate; except that during any calendar year when the total percentage of\nbreeder awards exceeds forty-three percent of total revenue, the fund,\nby a two-thirds vote of its board, may increase the percentage of\nrevenue allotted to breeder awards, but in no event shall the allotment\nexceed fifty percent of total revenue.\n * NB Effective October 28, 2028\n b. An amount as shall be determined by the fund, but not in excess of\nthirty-three percent as premiums to owners of New York-breds finishing\nfirst, second, third and fourth in pari-mutuel races run in New York\nstate and not restricted to New York-breds; except that during any\ncalendar year when the total percentage of owner awards exceeds\nthirty-three percent of total revenue, the fund, by a two-thirds vote of\nits board, may increase the percentage of revenue allotted to owner\nawards, but in no event shall the allotment exceed forty percent of\ntotal revenue.\n c. An amount as shall be determined by the fund but not in excess of\nfifteen percent as awards to stallion owners, whose New York stallions\nhave sired New York-breds finishing first, second, third and fourth in\npari-mutuel races run in New York state; except that during any calendar\nyear when the total percentage of stallion awards exceeds fifteen\npercent of total revenue, the fund, by a two-thirds vote of its board,\nmay increase the percentage of revenue allotted to stallion awards, but\nin no event shall the allotment exceed twenty percent of total revenue.\n d. (i) An amount as shall be determined by the fund but not in excess\nof forty-four percent to provide purse moneys exclusively for New\nYork-breds entered in all races, the conditions of which have been\napproved by the fund; provided, however, that the fund shall set aside\nforty percent of the funds allotted under this subdivision to tracks\noperated by corporations licensed or franchised in accordance with the\nprovisions of section two hundred five or section two hundred six of\nthis article except that in addition to the other amounts allotted by\nthe fund under this paragraph, seventy-five percent of fund revenues\nderived from payments received in accordance with subdivision one of\nsection five hundred twenty-seven of this chapter shall be allotted\nexclusively to purses at a track operated by a corporation licensed\nunder the provisions of section two hundred five of this article.\n (ii) The fund may direct a portion or portions of revenues allocated\nin this paragraph and dedicated to a racing corporation licensed in\naccordance with section two hundred five of this article to pari-mutuel\nraces at such track that are not restricted to New York-breds provided\nthat the revenues so allocated shall be used only to enrich any purses\nawarded to New York-breds finishing first, second, third, fourth or\nfifth in such non-restricted races.\n * e. An amount as shall be determined by the fund but not in excess of\nsix percent to advance and promote breeding and raising of thoroughbreds\nin this state by the publication and dissemination of information\nrelating thereto, and the encouragement of interest, including among\nyouth, in the breeding and raising of New York-breds, and to advance and\npromote interest generally in agricultural pursuits.\n * NB Effective until October 28, 2028\n * e. An amount as shall be determined by the fund but not in excess of\nfive percent to advance and promote breeding and raising of\nthoroughbreds in this state by the publication and dissemination of\ninformation relating thereto, and the encouragement of interest,\nincluding among youth, in the breeding and raising of New York-breds,\nand to advance and promote interest generally in agricultural pursuits.\n * NB Effective October 28, 2028\n * f. An amount as shall be determined by the fund but not in excess of\nfive percent for the administration and management of the fund.\n * NB Effective until October 28, 2028\n * f. An amount as shall be determined by the fund but not in excess of\nfour percent for the administration and management of the fund.\n * NB Effective October 28, 2028\n g. An amount equal to two percent thereof for the promotion of equine\nresearch through a fund of a land grant university within this state\nwith a regents approved veterinary college facility.\n h. An amount as shall be determined by the fund for the care of\nretired horses, provided, however, such amounts shall be allocated from\na dedicated account maintained by the fund supported by the collection\nof fines assessed pursuant to section three hundred eighty-two of the\nagriculture and markets law and contributions made pursuant to sections\ntwo hundred nine-N and six hundred thirty-i of the tax law, and the fund\nshall not be required to make any allocations for such purposes that are\nin excess of the amount collected pursuant to those sections during the\npreceding year. In making such allocations, the fund shall consider\nwhether the potential recipient organization is an accredited horse\nretirement and rescue program. The gaming commission shall establish an\nadvisory board to consult the fund when making such allocations with\nrepresentatives of thoroughbred and standardbred owners and breeders,\nand animal protection organizations with expertise in the care of\nretired and rescued horses.\n All moneys of the fund in excess of seventy-five thousand dollars on\nhand at the end of each calendar year shall be apportioned between and\npaid to the state and the regional off-track betting corporations based\non the level of contributions to such fund during the year by the racing\ncorporations and the regional off-track betting corporations,\nrespectively. Payment of such money to the state and such corporations,\nrespectively, shall be made by March fifteenth of the year following the\nclose of such calendar year.\n That portion returned to the regional off-track betting corporations\nshall be distributed prior to May first of such year to the\nparticipating local governments within each region in the same\nproportion as the net earnings of such corporation for the prior\ncalendar year were distributed.\n