NY Rac, Pari-Mut Wag & Breeding L § 301 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 3 - Harness Racing and Breeding 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.