Section 53-06.2-11 - Bet payoff formulas - Uses by licensee of funds in excess of expenses - Payment to general fund1. For wagering on live horse racing:a. In win, place, and show pari-mutuel pools, the licensee may deduct no more than twenty percent of the amount wagered. Of the amount wagered, the licensee shall pay: (1) One-half of one percent to the state treasurer to be deposited in the general fund.(2) One-half of one percent to the commission to be deposited in the breeders' fund.(3) One-half of one percent to the commission to be deposited in the purse fund.(4) One-half of one percent to the commission to be deposited in the racing promotion fund.b. In daily double, quinella, exacta, trifecta, or other combination pari-mutuel pools, the licensee may deduct no more than twenty-five percent of the amount wagered. Of the amount wagered, the licensee shall pay:(1) One-half of one percent to the state treasurer to be deposited in the general fund.(2) One-half of one percent to the commission to be deposited in the breeders' fund.(3) One-half of one percent to the commission to be deposited in the purse fund.(4) One-half of one percent to the commission to be deposited in the racing promotion fund.2. For simulcast and account wagering: a. In win, place, and show pari-mutuel pools, the licensee may deduct no more than twenty percent of the amount wagered. Except as limited in subdivision c, of the amount wagered by simulcast and account wagering in win, place, and show pari-mutuel pools, the licensee shall pay:(1) One-sixteenth of one percent to the state treasurer to be deposited in the general fund.(2) One-sixteenth of one percent to the commission to be deposited in the breeders' fund.(3) One-sixteenth of one percent to the commission to be deposited in the purse fund.(4) One-sixteenth of one percent to the commission to be deposited in the racing promotion fund.b. Except as limited in subdivision c, of the amount wagered by simulcast and account wagering in daily double, quinella, exacta, trifecta, or other combination pari-mutuel pools, the licensee shall pay:(1) One-sixteenth of one percent to the state treasurer to be deposited in the general fund.(2) One-sixteenth of one percent to the commission to be deposited in the breeders' fund.(3) One-sixteenth of one percent to the commission to be deposited in the purse fund.(4) One-sixteenth of one percent to the commission to be deposited in the racing promotion fund.c. For the fiscal year commencing July 1, 2013, the licensee may not pay more than four hundred thousand dollars. For the fiscal year commencing July 1, 2014, and thereafter, the licensee may not pay more than four hundred twenty thousand dollars.3. For all pari-mutuel wagering the licensee shall pay to the commission the amount due for all unclaimed tickets and all breakage on the first twenty million dollars wagered in each fiscal year with each service provider. The amount received must be deposited in the racing promotion fund.4. The licensee conducting wagering on live racing, simulcast wagering, or account wagering shall retain all other money in the pari-mutuel pool and pay it to bettors holding winning tickets as provided by rules adopted by the commission.5. A licensee may not use any of the portion deducted for expenses under subsections 1 and 2 for expenses not directly incurred by the licensee in conducting pari-mutuel racing under the certificate system. After paying qualifying expenses, the licensee shall use the remainder of the amount so withheld only for eligible uses allowed to charitable gambling organizations under section 53-06.1-11.1.6. The commission shall deposit the moneys received pursuant to subsections 1, 2, and 3 and from the North Dakota horse racing foundation pursuant to subsection 5 of section 53-06.2-05 in the breeders' fund, the purse fund, and the racing promotion fund. Moneys, and any earnings on the moneys, in the breeders' fund, purse fund, and racing promotion fund are appropriated to the commission on a continuing basis to carry out the purposes of those funds under this chapter and must be administered and disbursed in accordance with rules adopted by the commission. The commission may not transfer money among the funds. The commission shall distribute in-state awards and payment supplements from the breeders' fund in the same calendar year the money was earned by the recipient. The commission shall distribute out-of-state awards and payment supplements from the breeders' fund, if made available by the commission, within two months of the end of the calendar year the money was earned by the recipient. The commission shall distribute payments awarded to qualified owners and breeders from the breeders' fund without requiring owners and breeders to apply for the payments. The commission may receive twenty-five thousand dollars per year or twenty-five percent per year, whichever is greater, from the racing promotion fund for the payment of the commission's operating expenses.Amended by S.L. 2017 , ch. 363( SB 2051 ), § 1, eff. 8/1/2017.Amended by S.L. 2013 , ch. 398( HB 1068 ), § 2, eff. 8/1/2013.Amended by S.L. 2011 , ch. 380( HB 1093 ), § 1, eff. 7/1/2011.