N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 503: Powers of regional corporations

§ 503. Powers of regional corporations. Subject to the general and

specific limitations of sections two hundred twenty-two through seven

hundred five of this chapter and the authority of the commission

pursuant to articles one and five-a of this chapter, each corporation

shall have power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To acquire, hold, lease, rent and dispose of personal property for

its corporate purposes;

4. To acquire, in the name of the corporation, by purchase,

condemnation, gift, grant or devise or otherwise, and to use, real

property that is necessary or convenient for carrying out its corporate

purposes; provided that the corporation shall not condemn any real

property without first having obtained the consent of the chief elected

official in the jurisdiction in which such real property is located. All

real property acquired by the corporation by condemnation shall be

acquired in the manner provided by law for the condemnation of real

property in the jurisdiction in which the real property is located;

5. To make by-laws for the management and regulation of its affairs;

6. To appoint officers, agents, and employees, to prescribe their

qualifications, and to fix their compensation;

7. To make contracts and leases, and to execute all instruments

necessary or convenient to accomplish its corporate purposes;

8. To construct such buildings, structures and facilities as may be

necessary;

9. To accept grants, loans and contributions from the United States,

and the state or any agency or instrumentality of either of them, or any

participating county, or a city, or any person, including gifts or

transfers by bequest or otherwise, and to use the same or expend the

proceeds thereof for its corporate purposes;

10. In the manner and subject to the provisions of sections two

hundred twenty-two through seven hundred five of this chapter, and

subject to the rules and regulations of the commission, to establish and

conduct within the region a system of off-track pari-mutuel betting on

horse races, and, if licensed to do so under article three of this

chapter, conduct harness race meetings;

10-a. In the Suffolk region, to install and operate up to two thousand

video lottery gaming terminals at a corporation's facility which is

licensed pursuant to section one thousand eight or one thousand nine of

this chapter;

11. a. To promulgate, amend and repeal such rules and regulations

consistent with the provisions of sections two hundred twenty-two

through seven hundred five of this chapter as it may deem necessary or

desirable to carry out the purposes of this article. Such rules and

regulations shall have the force and effect of law;

b. No rule or regulation promulgated by a corporation pursuant to the

provisions of this subdivision shall be effective until a copy thereof

is filed with the clerk of each participating county;

c. Any violation of any rule or regulation, filed with the county

clerk of each county in which such corporation operates and designated

by the letter "R" by resolution of the board of directors of the

corporation, shall be a violation and shall be punishable by

imprisonment for not more than three months, or by a fine of not more

than one thousand dollars, or by both such imprisonment and fine. All

such fines collected shall be payable to the county comptroller in the

county in which the violation occurred and shall be paid by such county

comptroller into the general fund of such county. Any such rule shall be

effective, notwithstanding that any act or omission made an offense or

punishable thereby may be a crime or violation or punishable under any

other provision of law;

12. When licensed to conduct harness race meetings pursuant to article

three of this chapter, western regional off-track betting corporation

shall be authorized to enter into an agreement to make payments in lieu

of taxes to the Batavia city school district in an amount that is based

upon the assessed value of Batavia Downs race track as of the first day

of January, nineteen hundred ninety-eight and to enter into an agreement

with the county of Genesee to pay five-tenths of one percent of the

total deposits in pools resulting from the acceptance of simulcast

wagering at Batavia Downs race track in order to compensate such county

for losses that may occur as the result of the closure of branch offices

in said county.

12-a. To enter into, amend, cancel and terminate agreements for the

performance among themselves, licensed racing associations and

corporations, and multi-jurisdictional account wagering providers, as

defined in section one thousand one of this chapter, of their respective

functions, powers and duties on a cooperative or contract basis.

13. To perform such other acts and engage in such other activities as

may be necessary and proper for exercising its powers and performing its

duties under this article.

14. Nassau regional off-track betting is authorized to enter into and

perform an agreement pursuant to paragraph four of subdivision a of

section sixteen hundred seventeen-a of the tax law to have video lottery

terminals authorized pursuant to paragraph three of subdivision a of

section sixteen hundred seventeen-a of the tax law hosted within the

Aqueduct video lottery terminal facility.