§ 332 — Resources of fund

§ 332. Resources of fund. The fund is authorized and directed:\n 1. To collect and receive in each calendar year amounts to be paid to\nthe fund by the persons or corporations licensed to conduct pari-mutuel\nbetting at harness racing tracks, an amount equal to three-fifths of one\nper centum of all moneys deposited in pari-mutuel betting pools\nresulting from on-track bets at all races conducted by licensees at a\nharness horse meeting or races run thereat except that for super exotic\nbetting pools such amount shall be three per centum of such bets, as\nprovided by paragraph c of subdivision one of section three hundred\neighteen of this article and to collect and receive in each calendar\nyear to be paid to the fund by each regional corporation, an amount\nequal to three-fifths of one per centum of daily pools derived from\noff-track bets on harness races except that for super exotic betting\npools such amount shall be three per centum of such bets as provided by\nsubdivision five of section five hundred twenty-seven of this chapter;\nprovided however, that after April first, nineteen hundred eighty-six,\nthe amount to be collected and received from such licensees and regional\ncorporations, except for super exotic betting pools, shall be one per\ncentum, and to collect and receive such funds as may otherwise be\nauthorized by law. The moneys shall be deposited forthwith in a bank or\nbanks in this state. The fund is authorized to dispose of and distribute\nthe monies received by it pursuant to the provisions of this chapter for\nthe following purpose and no others:\n a. An amount as shall be determined by the fund, but shall not exceed\nfour percent thereof in an account designated "administration".\n b. An amount as shall be determined by the fund in an account\ndesignated "4-H standardbred development program".\n c. An amount as shall be determined by the fund in an account\ndesignated "New York state exposition horse facility maintenance and\nconstruction".\n d. An amount as shall be determined by the fund in an account\ndesignated "New York state exposition breeding farms".\n e. An amount as shall be determined by the fund in an account\ndesignated "county and town agricultural societies".\n f. An amount as shall be determined by the fund but shall not be less\nthan seventy-five percent thereof in an account designated "New York\nstate breeding farms", and of such amount not less than ten percent nor\nmore than twenty percent as determined by the trustees of the fund may\nbe used exclusively for breeders' awards for New York-breds and awards\nto owners of eligible stallions.\n g. An amount as shall be determined by the fund in an account\ndesignated "county and town agricultural society harness racing events".\n h. An amount equal to two percent thereof in an account designated\n"equine research".\n i. An amount as shall be determined by the fund, but not in excess of\none and one-half percent thereof, in an account designated "to support\nand promote research, educational programming, and the preservation of\nthe history and traditions of harness and trotting horse racing through\nacquiring and maintaining collections of artifacts, memorabilia and\ndocuments related to such history and to maintaining a historic race\ntrack that is designated as a national registered historic landmark".\n j. 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 to be funded by the collection of fines assessed\npursuant to section three hundred eighty-two of the agriculture and\nmarkets law. The gaming commission shall establish an advisory board to\nconsult the fund when making such allocations with representatives of\nthoroughbred and standardbred owners and breeders, and animal protection\norganizations with expertise in the care of retired and rescued horses.\n 2. a. To disburse annually out of the account designated in paragraph\ne of subdivision one of this section, to any agricultural society\nqualified therefor under rules and regulations established by the fund\nand which properly requests same, reimbursement for moneys expended by\nit for actual and necessary repairs to its grounds or buildings approved\nby the fund and used directly in promotion of agriculture generally,\nexcept that no such qualifying society shall be paid in excess of six\nthousand dollars for such repair in any one year, and to disburse\nannually out of the said account designated in paragraph e of\nsubdivision one of this section, to any agricultural society qualified\ntherefor, under rules and regulations established by the fund and which\nproperly requests same.\n b. After disbursements of moneys out of the account designated in\nparagraph e of subdivision one of this section for repairs as set forth\nin paragraph a of this subdivision, to disburse the balance of moneys in\nsuch account upon proper request made by a duly qualifying agricultural\nsociety for capital construction of the grounds, building or equipment,\nof the requesting society. In the event that the said balance remaining\nin such account is not sufficient to pay each qualifying society the\namount requested and approved for payment by the authority, the balance\nin such account shall be paid proratably to the amount each requesting\nsociety would be eligible to receive, except that no qualifying society\nshall be paid in excess of fifteen thousand dollars for such capital\nconstruction purpose in any one year. No capital construction moneys\nunder this subdivision shall be paid to any such agricultural society in\nthe absence of satisfactory proof presented to the fund that such\nsociety has in its possession or on deposit to its account in bank, a\nlike amount of money to be used by it for the same capital construction\npurpose.\n c. Each such society whose application for capital construction moneys\nas described in paragraph b of this subdivision is approved by the fund\nin any year, shall have the right and privilege to defer such approved\npayment to it for capital construction for a period of up to three years\nbeyond the year of approval. In the event that the approved capital\nconstruction remains uncompleted at the end of said three year deferred\nperiod, the amount of moneys so approved and deferred shall become a\npart of the balance for capital construction available to all such\nagricultural societies.\n d. Any county or town agricultural society may apply to the fund for\npermission pursuant to the provisions hereof to make one or more capital\nimprovements and the fund shall determine whether the proposed capital\nconstruction will promote agriculture or domestic arts in this state\nand, on a finding in the affirmative shall approve such construction and\nprovide for payment to the applying society out of the account under the\nprovisions designated in paragraph e of subdivision one of this section.\n e. Agricultural societies qualified to participate under this\nsubdivision, shall, on or before the thirty-first day of December in the\nyear immediately preceding the year in which the said moneys are to be\ndistributed, make application for participation to the fund. Sums paid\nhereunder to participating societies shall be separate from and\nadditional to any sums paid annually by the department of agriculture\nand markets under the provisions of section two hundred eighty-six of\nthe agriculture and markets law.\n f. The fund shall provide forms for application for distribution and\nshall prescribe such regulations and rules as are necessary for carrying\nout the provisions of this section and may make such investigations as\nare necessary to determine the validity of any requests, claims and\napplications for distribution of moneys hereunder.\n 3. To disburse annually out of the account designated in paragraph b\nof subdivision one of this section, to such 4-H societies, such amounts\nas the directors deem advisable, as are engaged or propose to engage in\na program for the development of standardbred horses. The form for\napplication by such 4-H societies for such moneys, shall be prescribed\nby the trustees of the fund.\n 4. To disburse annually out of the account designated in paragraph c\nof subdivision one of this section, to the department of agriculture and\nmarkets for the construction and maintenance of racing facilities at the\nNew York state exposition, such moneys deposited therein, to the extent\nthat such moneys are expended for such purposes.\n 5. The salaries of the officers, agents and employees, and all other\nexpenses of the said fund shall be paid out of the account designated in\nparagraph a of subdivision one of this section.\n