230 - Membership in a national thoroughbred racing association.

§  230.  Membership  in  a  national  thoroughbred racing association.  Notwithstanding any other  provision  of  law  to  the  contrary,  if  a  majority  of  the  board  of  directors  of  a  horsemen's  organization  qualified pursuant to section two hundred twenty-eight of  this  article  shall  annually  approve,  the  qualified  horsemen's  organization  may  request that the franchised corporation make payments, from funds earned  and  retained  for  purses,  to   the   National   Thoroughbred   Racing  Association, for the purposes of establishing and maintaining membership  for  such  organization.  Upon  receipt  of  a  duly  adopted  corporate  resolution  requesting  payment  to  the  National  Thoroughbred  Racing  Association  from  a  qualified  horsemen's organization, the franchised  corporation shall make payments  from  funds  earned  and  retained  for  purses on behalf of such qualified horsemen's organization, provided:    1.  In  no  event  shall  the sum of the payments made pursuant to the  corporate resolution during any twelve month  period  exceed  an  amount  equal  to one and one-quarter per centum of the total purses paid at all  tracks operated by  the  franchised  corporation  during  the  preceding  calendar year.    2.  Payments shall be made by the franchised corporation in accordance  with a schedule provided in the corporate resolution by the board of the  qualified horsemen's organization. Such schedule shall (i) identify  the  twelve  month  period  commencing on April first during which a specific  sum is to be  paid  and  (ii)  delineate  a  timetable  for  making  the  payments,  which  are  to be equal in amount and made no less frequently  than every three months.    3. Upon receipt of  a  duly  adopted  corporate  resolution  from  the  qualified  horsemen's  organization stating that a majority of its board  members has voted to rescind approval of such payments,  the  franchised  corporation  shall make no further payments unless and until it receives  a duly adopted corporate resolution as described in this section.