§ 1355. Racing support payments. 1. If an applicant who possesses a
pari-mutuel wagering franchise or license awarded pursuant to article
two or three of this chapter, or who possessed in two thousand thirteen
a franchise or a license awarded pursuant to article two or three of
this chapter or is an affiliated entity of such applicant, is issued a
gaming facility license pursuant to this article, the licensee shall:

(a) Maintain payments made from video lottery gaming operations to the
relevant horsemen and breeders organizations at the same dollar level
realized in two thousand thirteen, to be adjusted annually pursuant to
changes in the consumer price index for all urban consumers, as
published annually by the United States department of labor bureau of
labor statistics;

(b) All racetrack locations awarded a gaming facility license shall
maintain racing activity and race dates pursuant to articles two and
three of this chapter.

2. If an applicant that does not possess either a pari-mutuel wagering
license or franchise awarded pursuant to article two or three of this
chapter is issued a gaming facility license pursuant to this article:

(a) For the periods prior to March sixteenth, two thousand twenty, the
licensee shall pay:

(i) an amount to horsemen for purses at the licensed racetracks in the
region that will assure the purse support from video lottery gaming
facilities in the region to the licensed racetracks in the region to be
maintained at the same dollar levels realized in two thousand thirteen
to be adjusted by the consumer price index for all urban consumers, as
published annually by the United States department of labor bureau of
labor statistics; and

(ii) amounts to the agricultural and New York state horse breeding
development fund and the New York state thoroughbred breeding and
development fund to maintain payments from video lottery gaming
facilities in the region to such funds to be maintained at the same
dollar levels realized in two thousand thirteen to be adjusted by the
consumer price index for all urban consumers, as published annually by
the United States department of labor bureau of labor statistics; and

(b) Beginning on March sixteenth, two thousand twenty and for all time
thereafter, the licensee shall pay an amount to horsemen for purses at
the licensed racetracks in the region and an amount to the agricultural
and New York state horse breeding development fund and the New York
state thoroughbred breeding and development fund that, in aggregate,
shall be equal to the product of three and eight-tenths percent
multiplied by the gross gaming revenue from slot machines of the
licensee for the applicable calendar year, provided that such amount
shall not exceed the amount paid by the licensee to such horsemen and
breeders funds for the full two thousand nineteen calendar year adjusted
annually by the lesser of (i) consumer price index for all urban
consumers, as published annually by the United States department of
labor bureau of labor statistics or (ii) two and four-tenths percent. Of
the amount paid pursuant to this paragraph, eighty-seven percent will be
paid to the horsemen and the remainder will be paid to the agricultural
and New York state horse breeding development fund and the New York
state thoroughbred breeding and development fund.

(c) Aggregate payments owed for the calendar year of two thousand
twenty pursuant to paragraphs (a) and (b) of this subdivision shall be
payable in two thousand twenty-one in three installments of four hundred
sixty thousand dollars in April, July and October with the remainder
payable in December, with eighty-seven percent of the aggregate payable
to the horsemen and the remainder payable to the breeders funds.
Payments owed for calendar years two thousand twenty-one and thereafter
shall be payable in calendar quarterly installments, within thirty days
of the completion of the preceding calendar quarter.

3. As part of the final gaming facility license award process for
licenses authorized under title two-A of this article, the commission
shall determine the obligations of such entity or entities required to
maintain certain racing support payments at the same dollar level
realized in two thousand nineteen, to be adjusted annually pursuant to
changes in the consumer price index for all urban consumers, as
published annually by the United States department of labor bureau of
labor statistics.

(a) In either region two or three of zone one, one or more licensees
shall pay an amount to horsemen for the purpose of enhancing purses at
Aqueduct racetrack, Belmont Park racetrack and Saratoga race course, an
amount to the franchise corporation, and an amount to the New York state
thoroughbred breeding and development fund that, in aggregate, shall be
equal to the racing support payments made from video lottery gaming
operations to the relevant horsemen, breeders organizations or
franchised corporation at the same dollar level realized in two thousand
nineteen, to be adjusted annually pursuant to changes in the consumer
price index for all urban consumers, as published annually by the United
States department of labor bureau of labor statistics.

(b) In region one of zone one, one or more licensees shall pay an
amount to the relevant horsemen and the breeders organizations at
Yonkers Raceway at the same dollar level realized in two thousand
nineteen, to be adjusted annually pursuant to changes in the consumer
price index for all urban consumers, as published annually by the United
States department of labor bureau of labor statistics.