Section 332. Resources of fund  


Latest version.
  • 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.