Laws of New York
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 3 Harness Racing & Breeding
§ 330. Agriculture and New York state horse breeding development fund.
1. There is hereby created within the state gaming commission the
"agriculture and New York state horse breeding development fund". Such
fund shall be a body corporate and politic constituting a public benefit
corporation. It shall be administered by a board of directors consisting
of the chairman of the state gaming commission or his or her designee,
the commissioner of agriculture and markets, and three members appointed
by the governor, all of whom are experienced or have been actively
engaged in the breeding of standardbred horses in New York state, one
upon the recommendation of the temporary president of the senate and one
upon the recommendation of the speaker of the assembly. The governor
shall designate the chair from among the sitting members who shall serve
as such at the pleasure of the governor. Appointed members shall serve
for a term of four years and shall continue to hold office until their
successors are appointed and qualified. The members of the fund shall
receive no compensation from the fund for their services as such members
but shall be reimbursed by the fund for the expenses actually and
necessarily incurred by them in the performance of their duties under
sections two hundred twenty-two through seven hundred five of this
chapter. Such fund shall have perpetual existence and shall exercise all
powers authorized by this chapter and reasonably necessary for
accomplishing its purposes. Such powers shall be exercised in the name
of the fund.
2. The board may delegate to one or more of the members or officers of
the fund such powers and duties as it may deem proper and shall utilize,
pursuant to a contract approved by the director of the budget, the
service employees of the state gaming commission and the state office of
racing promotion and development.
3. The fund is created in order that it may promote the breeding of
horses and the conduct of equine research in this state on its own
responsibility and under its own business management. The policy, good
faith and interest of the state are concerned with the management and
development of the fund and are committed to promotion of horse breeding
and equine research in this state in active cooperation with the fund.
The promotion and encouragement of equine research shall be through a
fund of a land grant university within this state with a regents
approved veterinary college facility. Nothing herein, however, shall be
deemed in any way to obligate the state to any bondholder or other
creditor of the fund.
4. The fund is directed to report annually, on or before January
thirty-first, to the governor and the legislature, on the state of the
standardbred breeding industry in this state. Such reports shall
include, but not be limited to, the impact of the fund's programs on the
breeding and racing aspects of the industry; economic factors affecting
the industry such as employment and employment growth, state and local
benefits of breeding farms, income and the production of income within
this state, economic comparisons with other states; and data relative to
mares and stallions standing in this state to include such information
as the number in this state, racing quality as measured by wins and
stakes won and placed and money won, the number of foals and foal racing
quality as measured by sales value and number of starts, races and money
won, the progeny quality, including earnings, and the success of New
York-breds nationally.
5. The fund is further directed to incorporate into its reports
comments from spokesmen representing all segments of the industry as
well as recommendations on preserving and enhancing the standardbred
breeding industry in this state.
§ 331. Powers. The fund shall have power:
1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To acquire, hold and dispose of personal property for its corporate
purposes.
4. To make by-laws for the management and regulation of its affairs.
5. To invest or to authorize the comptroller to invest on behalf of
the fund any moneys of the fund pursuant to the provisions of section
ninety-eight-a of the state finance law, and all interest earned shall
be credited to each account authorized by section three hundred
thirty-two of this chapter pursuant to resolution.
§ 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.
§ 333. New York state exposition harness racing. The fund is
authorized and empowered to disburse annually as purses, prizes or
premiums the moneys contained in the account designated in paragraph d
of subdivision one of section three hundred thirty-two of this article,
to owners of the winners, second, third, fourth and fifth place horses
of all harness horse stake and overnight races conducted at the New York
state exposition, or at any licensed pari-mutuel track in New York
state, with a preference given to any available licensed pari-mutuel
track that is five-eighths of a mile long or larger, for New York-bred
colts, fillies and horses, as such New York-bred colts, fillies and
horses comply with conditions for stake and overnight events set forth
in section three hundred thirty-four of this article.
§ 334. New York-bred harness horse events. 1. The fund is further
authorized and directed to conduct each year, at the New York state
exposition, with the approval of the director of the exposition, or at
any licensed pari-mutuel track in New York state, with a preference
given to any available licensed pari-mutuel track that is five-eighths
of a mile long or larger, colt, stake and overnight events for
standardbred horses to provide contests for two year old and three year
old colts and fillies at each gait of trotting and pacing. The colt,
stake and overnight events so conducted for two year old and three year
old colts and fillies at each gait of trotting and pacing hereunder
shall be conditioned to admit only those colts and fillies dropped from
a mare bred in this state and sired by a stallion owned or leased and
permanently standing for service at and within this state at the time of
the said foal's conception. Such colt, stake and overnight events shall
be opened for nomination not earlier than the first day of January in
the year the event is to be held and only colts and fillies and horses
complying with the following standards shall be eligible for such
nomination:
a. All foals must be sired by a stallion registered with the fund or
an agent designated by it.
b. Prior to December first of each year, all persons standing a
stallion at either public or private service shall file with the fund or
an agent designated by it a list of all mares bred to each stallion.
c. All persons standing a stallion in New York state must:
Register each stallion with the fund or an agent designated by it.
d. Syndicates standing a stallion in this state where the syndicate is
owned partly by non-residents of this state, must file a lease with the
fund or an agent designated by it.
e. Stallion eligibility: Eligible stallions are those stallions:
(i) owned by a resident of New York state and standing the entire stud
season in New York state, or
(ii) owned by a resident of a state other than New York but standing
the entire stud season in this state and leased by a resident of this
state for a term of not less than one year, or
(iii) owned jointly by a resident of a state other than New York
together with a resident of this state and standing the entire stud
season in this state and leased by a resident of this state for a term
of not less than one year.
(1) Starting fees in such colt and filly stake events shall not be
less than two percent of the amount of the purse therefor and shall be
added to purses to be distributed as hereinafter provided.
(2) Purses, stakes or prizes shall be paid to the winners, second,
third, fourth and fifth place horses in the aforesaid colt and filly and
horse stake events, in amounts determined by the fund. Purses and prizes
shall be paid to the winners, second, third, fourth and fifth place
horses in overnight events, in amounts to be determined by the harness
track licensees.
2. The fund is further authorized and directed in each year, in
cooperation with each licensee harness track in this state, to provide
for the running of stake events conditioned to admit only two year old
and three year old colts and fillies dropped from a mare bred in this
state and sired by a stallion owned or leased and permanently standing
for service at and within this state at the time of the said foal's
conception, at each gait of trotting and pacing, to be known as "New
York sire stakes" and to contribute to the purses, stakes or prizes to
be awarded in such "New York sire stakes", such sums as the fund shall
deem advisable. The fund may prescribe a starting fee for such "New
York-bred harness horse stakes" but in no event shall such fee be less
than two per centum of the estimated purse for each entry. The fee
prescribed shall be added to the purses awarded.
3. Subsequent to the year two thousand fourteen a foal shall be
eligible for the "New York sire stakes" if conceived from a mare bred in
the state and sired by a stallion owned by a resident of this state or
leased to a resident of this state for a period of no less than one year
and standing for service within the state at the time of the foal's
conception.
4. The fund shall have the power to prescribe rules and regulations to
determine the eligibility of entries in "New York-bred harness horse
races" and to effectuate the purposes and requirements set forth in this
section.
§ 335. County and town agricultural society harness racing events. The
fund is further authorized and directed in each year, in cooperation
with each town and county agricultural society, qualified therefor under
rules and regulations established by the fund, to provide for the
running of New York-bred harness horse racing events, as authorized by
the fund, and to contribute to the purses, prizes and premiums, such
sums as the fund shall deem advisable, to be disbursed from the account
designated "county and town agricultural society harness racing events".
Said events shall be conditioned to admit only standardbred horses which
meet the standards set forth in subdivision one of section three hundred
thirty-four of this chapter.
§ 336. Actions against fund. Except in an action for wrongful death,
no action against the fund founded upon tort shall be commenced (a)
prior to the expiration of thirty days from the date on which the notice
of claim upon which the action is founded, served pursuant to section
fifty-e of the general municipal law, was presented to a member of the
board of directors of the fund or other officer thereof designated for
such purpose nor (b) more than one year and ninety days after the cause
of action therefor shall have accrued. An action against the fund for
wrongful death shall be commenced in accordance with the notice of claim
and time limitation provisions of title eleven of article nine of the
public authorities law.