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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.

There is hereby created within the state racing and wagering board 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 the commissioner of agriculture and markets, the chairman of the New York state racing and wagering board or his or her designee, and the chairman and members of the state harness racing commission as reconstituted pursuant to article one of this chapter. Members shall continue to hold office until their successors are appointed and qualified. The chairman shall be designated by the members of the fund. 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.

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.

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. 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 chapter 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. 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:
    1. An amount as shall be determined by the fund, but shall not exceed four percent thereof in an account designated "administration".
    2. An amount as shall be determined by the fund in an account designated "4-H standardbred development program".
    3. An amount as shall be determined by the fund in an account designated "New York state exposition horse facility maintenance and construction".
    4. An amount as shall be determined by the fund in an account designated "New York state exposition breeding farms".
    5. An amount as shall be determined by the fund in an account designated "county and town agricultural societies".
    6. 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 maybe used exclusively for breeders' awards for New York-breds and awards to owners of eligible stallions.
    7. An amount as shall be determined by the fund in an account designated "county and town agricultural society harness racing events".
    8. An amount equal to two percent thereof in an account designated "equine research".
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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:
    1. All foals must be sired by a stallion registered with the fund or an agent designated by it.
    2. 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.
    3. All persons standing a stallion in New York State must: Register each stallion with the fund or an agent designated by it.
    4. 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.
    5. Stallion eligibility: Eligible stallions are those stallions:
      1. owned by a resident of New York state and standing the entire stud season in New York state, or
      2. 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 ten years, or
      3. 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 ten years.
    6. 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.
    7. 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 nineteen hundred sixty-five 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 ten years 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 therefore 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.