New Jersey § 5:5-126

§ 5:5-126.

a. If a receiving track which is authorized by the New Jersey Racing Commission to

receive the racing program, in full or in part, from an out-of-State sending track

pursuant to section 37 of this act 1 is not conducting live racing at the time of receiving the out-of-State races, the

amount resulting from the takeout rate shall be distributed as follows: (1) (Deleted by amendment, P.L.1993, c. 353 .) (2) .50% of the parimutuel pool generated at the in-State receiving track shall be

deposited as follows: (a) in the case of an in-State receiving track which conducts harness races, in the

special trust account established pursuant to or specified in section 46a.(2) of P.L.1940, c. 17 ( C.5:5-66 ), section 2b. of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(1) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(a) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate, for use and distribution as provided in section 46a.(2)(a), (b), and (c) of P.L.1940, c. 17 ( C.5:5-66 ), section 2b.(1), (2), and (3) of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(1)(a), (b), and (c) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(a)(i), (ii), and (iii) of P.L.1971, c. 137 ( C.5:10-7 ); and (b) in the case of an in-State receiving track which conducts running races, in the

special trust account established pursuant to or specified in section 46b.(1)(e) or (2)(e)of P.L.1940, c. 17 ( C.5:5-66 ), section 5b.(3) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(2)(c) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate, for use and distribution as provided therein; (3) .03% of the parimutuel pool generated at the in-State receiving track shall be

paid to the New Jersey Racing Commission and set aside in the special trust account

for horse breeding and development for distribution and use as provided in section

5 of P.L.1967, c. 40 ( C.5:5-88 ); (4) on the basis of all races in each program, or if two or more programs are being

transmitted simultaneously, on the basis of all races in all such programs running

simultaneously, 3.735% of the first $100,000 of the total pool generated at the in-State

receiving track; 5.235% of the total pool from $100,001 to $150,000; 5.735% of the

total pool from $150,001 to $250,000; 6.235% of the total pool from $250,001 to $300,000;

and, if the amount of the total pool is above $300,000, 6.485% of the total amount

of the pool or the percentage of the parimutuel pool for overnight purses on live

races that the receiving track and horsemen have agreed to by contract, whichever

is greater, shall be paid as follows: (a) in the case of an in-State receiving track which conducts harness races, .1175%

of the parimutuel pool to the Standardbred Breeders' and Owners' Association of New

Jersey for the administration of a health benefits program for horsemen, and the remaining

amount as overnight purse money at the next race meeting at the receiving track, except

that if the receiving track is conducting a horse race meeting at the same time as

the receipt of the simulcast horse races, the receiving track shall use those sums

to supplement overnight purses at that horse race meeting, and for programs designed

to aid the horsemen and the Standardbred Breeders' and Owners' Association of New

Jersey, as provided in section 46a.(4) of P.L.1940, c. 17 ( C.5:5-66 ), section 2d. of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(2) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(b) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate , or as provided by a contractual agreement authorized under section 11 of P.L.2013, c. 266 ( C.5:5-188 ) ; and (b) in the case of an in-State receiving track which conducts running races, as overnight

purse money at the next race meeting at the receiving track, except that if the receiving

track is conducting a horse race meeting at the same time as the receipt of the simulcast

horse races, the receiving track shall use those sums to supplement overnight purses

at that horse race meeting, and for programs designed to aid the horsemen and the

New Jersey Thoroughbred Horseman's Benevolent Association, as provided in section

46b.(1)(d) or (2)(d) of P.L.1940, c. 17 ( C.5:5-66 ), section 5b.(2) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(2)(b) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate , or as provided by a contractual agreement authorized under section 12 of P.L.2013, c. 266 ( C.5:5-189 ) ; (5) .02% of the parimutuel pool generated at the in-State receiving track shall be

paid as follows: (a) in the case of an in-State receiving track which conducts harness races, to the

Sire Stakes Program for standardbred horses; and (b) in the case of an in-State receiving track which conducts running races, to the

Thoroughbred Breeders' Association of New Jersey; (6) .01% of the parimutuel pool generated at the in-State receiving track shall be

paid to the Backstretch Benevolency Programs Fund created pursuant to P.L.1993, c. 15 ( C.5:5-44.8 ); and (7) the amount remaining after the deduction of the amounts under paragraphs (2),

(3), (4), (5), and (6) shall be paid to the receiving track. b. If a receiving track includes out-of-State races as part of its live racing program

in any way, the amount resulting from the takeout rate shall be distributed as follows: (1) (Deleted by amendment, P.L.1993, c. 353 .) (2) .50% of the parimutuel pool generated at the in-State receiving track shall be

deposited as follows: (a) in the case of an in-State receiving track which conducts harness races, in the

special trust account established pursuant to or specified in section 46a.(2) of P.L.1940, c. 17 ( C.5:5-66 ), section 2b. of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(1) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(a) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate, for use and distribution as provided in section 46a.(2)(a), (b), and (c) of P.L.1940, c. 17 ( C.5:5-66 ), section 2b.(1), (2), and (3) of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(1)(a), (b), and (c) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(a)(i), (ii), and (iii) of P.L.1971, c. 137 ( C.5:10-7 ); and (b) in the case of an in-State receiving track which conducts running races, in the

special trust account established pursuant to or specified in section 46b.(1)(e) or (2)(e) of P.L.1940, c. 17 ( C.5:5-66 ), section 5b.(3) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(2)(c) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate, for use and distribution as provided therein; (3) .03% of the parimutuel pool generated at the in-State receiving track shall be

paid to the New Jersey Racing Commission and set aside in the special trust account

for horse breeding and development for distribution and use as provided in section

5 of P.L.1967, c. 40 ( C.5:5-88 ); (4) 6.235% of the parimutuel pool generated at the in-State receiving track or the

percentage of the parimutuel pool for overnight purses on live races that the racetrack

and horsemen have agreed to by contract, whichever is greater, shall be paid as follows: (a) in the case of an in-State receiving track which conducts harness races, .1175%

of the parimutuel pool to the Standardbred Breeders' and Owners' Association of New

Jersey for the administration of a health benefits program for horsemen, and the remaining

amount as overnight purse money at the current race meeting at the receiving track

and for programs designed to aid the horsemen and the Standardbred Breeders' and Owners'

Association of New Jersey, as provided in section 46a.(4) of P.L.1940, c. 17 ( C.5:5-66 ), section 2d. of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(2) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(b) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate , or as provided by a contractual agreement authorized under section 11 of P.L.2013, c. 266 ( C.5:5-188 ) ; and (b) in the case of an in-State receiving track which conducts running races, as overnight

purse money at the current race meeting at the receiving track and for programs designed

to aid the horsemen and the New Jersey Thoroughbred Horseman's Benevolent Association,

as provided in section 46b.(1)(d) or (2)(d) of P.L.1940, c. 17 ( C.5:5-66 ), section 5b.(2) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(2)(b) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate , or as provided by a contractual agreement authorized under section 12 of P.L.2013, c. 266 ( C.5:5-189 ) ; (5) .02% of the parimutuel pool generated at the in-State receiving track shall be

paid as follows: (a) in the case of an in-State receiving track which conducts harness races, to the

Sire Stakes Program for standardbred horses; and (b) in the case of an in-State receiving track which conducts running races, to the

Thoroughbred Breeders' Association of New Jersey; (6) .01% of the parimutuel pool generated at the in-State receiving track shall be

paid to the Backstretch Benevolency Programs Fund created pursuant to P.L.1993, c. 15 ( C.5:5-44.8 ); and (7) the amount remaining after the deduction of the amounts under paragraphs (2),

(3), (4), (5), and (6) shall be paid to the receiving track. c. All breakage moneys and outstanding parimutuel ticket moneys resulting from the

wagering at the receiving track on the additional out-of-State simulcast races authorized

by section 37 shall be divided as follows: (1) 50% shall be paid to the receiving track; and (2) 50% shall be paid as follows: (a) in the case of an in-State receiving track which conducts harness races, as overnight

purse money at the receiving track and for programs designed to aid the horsemen and

the Standardbred Breeders' and Owners' Association of New Jersey, as provided in section

46a.(4) of P.L.1940, c. 17 ( C.5:5-66 ), section 2d. of P.L.1984, c. 236 ( C.5:5-66.1 ), section 5a.(2) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(1)(b) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate , or as provided by a contractual agreement authorized under section 11 of P.L.2013, c. 266 ( C.5:5-188 ) ; and (b) in the case of an in-State receiving track which conducts running races, as overnight

purse money at the receiving track and for programs designed to aid the horsemen and

the New Jersey Thoroughbred Horseman's Benevolent Association, as provided in section

46b.(1)(d) or (2)(d) of P.L.1940, c. 17 ( C.5:5-66 ), section 5b.(2) of P.L.1982, c. 201 ( C.5:5-98 ), or section 7f.(2)(b) of P.L.1971, c. 137 ( C.5:10-7 ), as appropriate , or as provided by a contractual agreement authorized under section 12 of P.L.2013, c. 266 ( C.5:5-189 ) . d. Nothing set forth in this section shall be construed to prohibit the distribution

of amounts resulting from the parimutuel pool for an out-of-State program in a manner

that is inconsistent with the provisions of subsection a., subsection b., or subsection

c. of this section, if such alternative distribution is consistent with and pursuant

to an agreement between the permit holder at Monmouth Park, the permit holder at the

Meadowlands Racetrack, the Standardbred Breeders' and Owners' Association of New Jersey,

and the New Jersey Thoroughbred Horsemen's Association. 1

N.J.S.A. § 5:5-125.