38. 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 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.

L.1992, c.19, s.38; amended 1993, c.353, s.5; 2011, c.96, s.4; 2013, c.266, s.4.