2013 New York Consolidated Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 3 - (301 - 336) HARNESS RACING AND BREEDING
332 - Resources of fund.

 
    § 332. Resources of fund. The fund is authorized and directed:
    1.  To collect and receive in each calendar year amounts to be paid to
  the fund by the persons or corporations licensed to conduct  pari-mutuel
  betting at harness racing tracks, an amount equal to three-fifths of one
  per  centum  of  all  moneys  deposited  in  pari-mutuel  betting  pools
  resulting from on-track bets at all races conducted by  licensees  at  a
  harness  horse meeting or races run thereat except that for super exotic
  betting pools such amount shall be three per centum  of  such  bets,  as
  provided  by  paragraph  c  of  subdivision one of section three hundred
  eighteen of this article and to collect and  receive  in  each  calendar
  year  to  be  paid  to  the fund by each regional corporation, an amount
  equal to three-fifths of one per centum  of  daily  pools  derived  from
  off-track  bets  on  harness  races except that for super exotic betting
  pools such amount shall be three per centum of such bets as provided  by
  subdivision  five  of section five hundred twenty-seven of this chapter;
  provided however, that after April first, nineteen  hundred  eighty-six,
  the amount to be collected and received from such licensees and regional
  corporations,  except  for  super exotic betting pools, shall be one per
  centum, and to collect and  receive  such  funds  as  may  otherwise  be
  authorized  by law. The moneys shall be deposited forthwith in a bank or
  banks in this state. The fund is authorized to dispose of and distribute
  the monies received by it pursuant to the provisions of this chapter for
  the following purpose and no others:
    a. An amount as shall be determined by the fund, but shall not  exceed
  four percent thereof in an account designated "administration".
    b.  An  amount  as  shall  be  determined  by  the  fund in an account
  designated "4-H standardbred development program".
    c. An amount as  shall  be  determined  by  the  fund  in  an  account
  designated  "New  York  state  exposition horse facility maintenance and
  construction".
    d. An amount as  shall  be  determined  by  the  fund  in  an  account
  designated "New York state exposition breeding farms".
    e.  An  amount  as  shall  be  determined  by  the  fund in an account
  designated "county and town agricultural societies".
    f. An amount as shall be determined by the fund but shall not be  less
  than  seventy-five  percent  thereof  in an account designated "New York
  state breeding farms", and of such amount not less than ten percent  nor
  more  than  twenty percent as determined by the trustees of the fund may
  be used exclusively for breeders' awards for New York-breds  and  awards
  to owners of eligible stallions.
    g.  An  amount  as  shall  be  determined  by  the  fund in an account
  designated "county and town agricultural society harness racing events".
    h. An amount equal to two percent thereof  in  an  account  designated
  "equine research".
    i.  An amount as shall be determined by the fund, but not in excess of
  one and one-half percent thereof, in an account designated  "to  support
  and  promote  research, educational programming, and the preservation of
  the history and traditions of harness and trotting horse racing  through
  acquiring  and  maintaining  collections  of  artifacts, memorabilia and
  documents related to such history and to  maintaining  a  historic  race
  track that is designated as a national registered historic landmark".
    2.  a. To disburse annually out of the account designated in paragraph
  e of subdivision one  of  this  section,  to  any  agricultural  society
  qualified  therefor  under rules and regulations established by the fund
  and which properly requests same, reimbursement for moneys  expended  by
  it for actual and necessary repairs to its grounds or buildings approved
  by  the  fund  and  used directly in promotion of agriculture generally,
  except that no such qualifying society shall be paid in  excess  of  six

  thousand  dollars  for  such  repair  in  any  one year, and to disburse
  annually  out  of  the  said  account  designated  in  paragraph  e   of
  subdivision  one  of this section, to any agricultural society qualified
  therefor,  under rules and regulations established by the fund and which
  properly requests same.
    b. After disbursements of moneys out  of  the  account  designated  in
  paragraph  e of subdivision one of this section for repairs as set forth
  in paragraph a of this subdivision, to disburse the balance of moneys in
  such account upon proper request made by a duly qualifying  agricultural
  society  for capital construction of the grounds, building or equipment,
  of the requesting society. In the event that the said balance  remaining
  in  such  account  is  not sufficient to pay each qualifying society the
  amount requested and approved for payment by the authority, the  balance
  in  such  account shall be paid proratably to the amount each requesting
  society would be eligible to receive, except that no qualifying  society
  shall  be  paid  in  excess of fifteen thousand dollars for such capital
  construction purpose in any one year.  No  capital  construction  moneys
  under this subdivision shall be paid to any such agricultural society in
  the  absence  of  satisfactory  proof  presented  to  the fund that such
  society has in its possession or on deposit to its account  in  bank,  a
  like  amount of money to be used by it for the same capital construction
  purpose.
    c. Each such society whose application for capital construction moneys
  as described in paragraph b of this subdivision is approved by the  fund
  in  any  year, shall have the right and privilege to defer such approved
  payment to it for capital construction for a period of up to three years
  beyond the year of approval. In the  event  that  the  approved  capital
  construction  remains uncompleted at the end of said three year deferred
  period, the amount of moneys so approved and  deferred  shall  become  a
  part  of  the  balance  for  capital  construction available to all such
  agricultural societies.
    d. Any county or town agricultural society may apply to the  fund  for
  permission pursuant to the provisions hereof to make one or more capital
  improvements  and  the fund shall determine whether the proposed capital
  construction will promote agriculture or domestic  arts  in  this  state
  and, on a finding in the affirmative shall approve such construction and
  provide for payment to the applying society out of the account under the
  provisions designated in paragraph e of subdivision one of this section.
    e.   Agricultural   societies  qualified  to  participate  under  this
  subdivision, shall, on or before the thirty-first day of December in the
  year immediately preceding the year in which the said moneys are  to  be
  distributed,  make  application for participation to the fund. Sums paid
  hereunder  to  participating  societies  shall  be  separate  from   and
  additional  to  any  sums paid annually by the department of agriculture
  and markets under the provisions of section two  hundred  eighty-six  of
  the agriculture and markets law.
    f.  The  fund shall provide forms for application for distribution and
  shall prescribe such regulations and rules as are necessary for carrying
  out the provisions of this section and may make such  investigations  as
  are  necessary  to  determine  the  validity of any requests, claims and
  applications for distribution of moneys hereunder.
    3. To disburse annually out of the account designated in  paragraph  b
  of  subdivision one of this section, to such 4-H societies, such amounts
  as the directors deem advisable, as are engaged or propose to engage  in
  a  program  for  the  development  of  standardbred horses. The form for
  application by such 4-H societies for such moneys, shall  be  prescribed
  by the trustees of the fund.

    4.  To  disburse annually out of the account designated in paragraph c
  of subdivision one of this section, to the department of agriculture and
  markets for the construction and maintenance of racing facilities at the
  New York state exposition, such moneys deposited therein, to the  extent
  that such moneys are expended for such purposes.
    5.  The  salaries of the officers, agents and employees, and all other
  expenses of the said fund shall be paid out of the account designated in
  paragraph a of subdivision one of this section.