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.
Last modified: February 3, 2019