N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 301: General powers of commission; harness racing defined; super exotic bet defined, authorized

§ 301. General powers of commission; harness racing defined; super

exotic bet defined, authorized. 1. Pursuant to the provisions of

sections two hundred twenty-two through seven hundred five of this

chapter, the commission shall have power to supervise generally all

harness race meetings in this state at which pari-mutuel betting is

conducted. The commission may adopt rules and regulations not

inconsistent with sections two hundred twenty-two through seven hundred

five of this chapter to carry into effect its purposes and provisions

and to prevent circumvention or evasion thereof. In order that the rules

of harness horse racing may be uniform throughout the United States, the

commission may adopt the rules and regulations of the United States

Trotting Association, in whole or in part, and may adopt such other or

different rules as the commission deems necessary to carry into effect

the purposes and provisions of sections two hundred twenty-two through

seven hundred five of this chapter.

2. Without limiting the generality of the foregoing, and in addition

to its other powers:

a. The commission shall prescribe rules and regulations for

effectually preventing the use of improper devices, the administration

of drugs or stimulants or other improper acts for the purpose of

affecting the speed of harness horses in races in which they are about

to participate.

b. The rules of the commission shall also provide that all winning

pari-mutuel tickets must be presented for payment before April first of

the year following the year of their purchase and failure to present any

such ticket within the prescribed period of time shall constitute a

waiver of the right to participate in the award or dividend.

c. The commission shall have power in its discretion, consistent with

the powers of department of taxation and finance, to prescribe uniform

methods of keeping accounts, records and books to be observed by

associations or corporations licensed under the provisions of this

article or by any association or corporation that owns stock in, or

shares in the profits, or participates in the management or affairs of,

such licensed association or corporation, or by any person, firm,

association or corporation holding any concession, right or privilege to

perform any service or sell any article at any track at which

pari-mutuel harness racing meets are conducted. The commission may also

in its discretion, consistent with the powers of the state tax

commission, prescribe by order forms of accounts, records and memoranda

to be kept by such persons, firms, associations or corporations. The

commission shall have power to visit, investigate, and place expert

accountants, or such other persons as it may deem necessary, in the

offices, tracks or other places of business of any such person, firm,

association or corporation for the purpose of seeing that the provisions

of sections two hundred twenty-two through seven hundred five of this

chapter and the rules and regulations issued by the commission

thereunder are strictly complied with. Such persons, firms, associations

or corporations shall annually file with the commission, on such date as

the commission shall prescribe, a report showing their financial

condition and financial transactions during the fiscal year, including a

balance sheet and a profit and loss statement, verified by the oath of

at least two of its principal officers, if it be an association or

corporation having officers, and by one or more of the owners or

proprietors thereof if not an association or corporation. The report

shall be in such form and contain such other matters as the commission

may determine from time to time to be necessary to disclose accurately

the financial condition and operation of such persons, firms,

associations or corporations during the preceding fiscal year. The

commission may for good cause shown grant a reasonable extension of time

for the filing of any such report.

3. The term "racing", as used in this article, shall be construed to

mean only horse racing in which the horses participating are harnessed

to a sulky, carriage, or similar vehicle, and shall not include any form

of horse racing in which the horses participating are mounted by a

jockey.

4. The term "super exotic bet" or "super exotic wager", as used in

this chapter, shall mean a single bet or wager on six or more horses,

evidenced by a single ticket and representing an interest in a betting

pool hereby authorized to be conducted by licensed racing associations

or corporations or regional off-track betting corporations pursuant to

rules and regulations of the commission. Such rules and regulations

shall provide the manner in which winning tickets in such pool shall be

determined and may provide that a portion only of the amounts otherwise

available to winners of such pools be paid to holders of consolation

tickets combining the most winning horses as provided in such rules and

regulations and that the balance of amounts otherwise available to

winners from such pool be carried forward and deposited in any

subsequent super exotic pools. Such rules and regulations shall also

provide that an amount not to exceed six percent of the total wagers in

each super exotic pool may be used or accumulated to reimburse any such

association or corporation conducting such pool for the cost of assuring

an advertised winning pay-out for winning wagers or for a capital

improvement fund or to reimburse any such association or corporation for

amounts it has contributed to the amounts otherwise available for

winning wagers to increase the pay-out therefor. Such rules and

regulations may further provide that all of the amounts available for

winning tickets and accumulations therefor shall be distributed

periodically to holders of tickets combining the most winners in a pool

conducted upon a date specified by the commission and, in any event,

shall provide for complete disposition of all amounts available for

winning tickets and accumulations therefor before the end of the

licensed meet during which such super exotic pools are conducted.

Notwithstanding the foregoing or any other provisions of law, all

distributions, taxes and regulatory fees on super exotic bets shall be

distributed as though the bet were an exotic bet, except that a balance

may be retained and deposited in subsequent pools.

5. The commission shall have the power to issue licenses to western

regional off-track betting corporation or to a subsidiary of said

western regional off-track betting corporation for the purpose of

conducting harness race meetings at Batavia Downs race track and to make

capital improvements to said track, provided that such corporation

otherwise meets the terms and conditions for licensure as provided under

this article. Notwithstanding the provisions of articles five and five-a

of this chapter, said corporation shall be deemed to be a harness racing

corporation with respect to pari-mutuel wagering conducted at said track

pursuant to this chapter, except that net revenues derived from such

pari-mutuel wagering shall be distributed among the counties that

participate in such corporation on the basis of population, as defined

as the total population in each participating county shown by the latest

preceding decennial federal census completed and published as a final

population count by the United States bureau of the census preceding the

commencement of the calendar year in which such distribution is to be

made.