Mandates a fixed percentage of annual harness horse breeders awards; requires that all sire stakes funds generated by a specific racetrack be returned as purses to such track at the same level in order to allow New York to compete with states that have stronger awards programs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3565
SPONSOR: Pretlow
 
TITLE OF BILL:
An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to mandating a fixed percentage of annual harness horse breed-
ers awards and requiring that all sire stakes funds generated by a
specific racetrack be returned as purses to such track at the same level
 
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would address the ongoing reduction in mares and stallions
facing the NYS harness horse breeding industry by fixing the percentage
of breeders awards distributed each year at 20% of the funds in the NYS
Ag Fund assigned for "New York State breeding farms." Current law allows
annual total award amounts to fluctuate anywhere between 10% and 20%
based on the discretion of the Fund, and fixing the amount at 20% will
create a robust awards program and attract mares and stallions by offer-
ing stability and predictability in the breeders award process. Addi-
tionally, of the remaining 80% returned to tracks from the Fund for
purses, all Sire Stakes purse payments shall be returned to the tracks
at the same level as they were generated by racing at that track. Howev-
er, said purse payments would not be mandated solely for Sire Stakes
finals/legs, but could also be utilized for related New York Sire Stakes
events.
 
SUMMARY OF PROVISIONS:
PROVISION 1:
Article 3, paragraph 332 of the Racing, Parimutuel Wagering and Breeding
will be amended as follows: Subsection 1.f
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 twenty percent shall be used
exclusively for breeders' awards for New York-breds and awards to owners
of eligible stallions.
PROVISION 2:
Article 3, paragraph 332 of the Racing, Parimutuel Wagering and Breeding
will be amended as follows: Subsection 1.
§ 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 result-
ing 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,
 
JUSTIFICATION:
New York State is facing a continuing shortage in harness horse mares,
which is the result of both reduced breeders awards and uncertainty
year-to-year as to what levels of awards will be provided by the Ag
Fund. Businesses, including breeders, require market stability and
consistency in order to invest their resources in New York State. To
address this, the 180 day Residency Breeders' Award Program will be
strengthened by providing a stable level of meaningful committed funds
each year that will allow New York to compete with states with stronger
awards programs like Kentucky and Pennsylvania. Furthermore, to create
stability in purse allocations, the Fund would be required to allocate
Sire Stakes purses at the same levels as the funds were generated by
specific tracks.
 
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
2022 04/29/22 A10023 referred to racing and wagering
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None noted.
 
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
3565
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to mandating a fixed percentage of annual harness horse
breeders awards and requiring that all sire stakes funds generated by
a specific racetrack be returned as purses to such track at the same
level
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and paragraph f of subdivision 1 of
2 section 332 of the racing, pari-mutuel wagering and breeding law, the
3 opening paragraph as amended by chapter 429 of the laws of 2008 and
4 paragraph f as amended by chapter 56 of the laws of 1991, are amended to
5 read as follows:
6 To collect and receive in each calendar year amounts to be paid to the
7 fund by the persons or corporations licensed to conduct pari-mutuel
8 betting at harness racing tracks, an amount equal to three-fifths of one
9 per centum of all moneys deposited in pari-mutuel betting pools result-
10 ing from on-track bets at all races conducted by licensees at a harness
11 horse meeting or races run thereat except that for super exotic betting
12 pools such amount shall be three per centum of such bets, as provided by
13 paragraph c of subdivision one of section three hundred eighteen of this
14 article and to collect and receive in each calendar year to be paid to
15 the fund by each regional corporation, an amount equal to three-fifths
16 of one per centum of daily pools derived from off-track bets on harness
17 races except that for super exotic betting pools such amount shall be
18 three per centum of such bets as provided by subdivision five of section
19 five hundred twenty-seven of this chapter; provided however, that after
20 April first, nineteen hundred eighty-six, the amount to be collected and
21 received from such licensees and regional corporations, except for super
22 exotic betting pools, shall be one per centum, and to collect and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04723-01-3
A. 3565 2
1 receive such funds as may otherwise be authorized by law. The moneys
2 shall be deposited forthwith in a bank or banks in this state. The fund
3 is authorized to dispose of and distribute the monies received by it
4 pursuant to the provisions of this chapter for the following purpose and
5 no others, with the balance distributed to each track made in proportion
6 to such track's contribution from all revenue sources from such track,
7 made to the fund, bears to the total contributions to the fund from all
8 such tracks. Each track contributing to the fund shall utilize such
9 monies paid to it for purses, prizes and premiums for New York-bred
10 harness horses:
11 f. An amount as shall be determined by the fund but shall not be less
12 than seventy-five percent thereof in an account designated "New York
13 state breeding farms", and of such amount [not less than ten percent nor
14 more than] twenty percent [as determined by the trustees of the fund
15 may] shall be used exclusively for breeders' awards for New York-breds
16 and awards to owners of eligible stallions.
17 § 2. This act shall take effect immediately.