2023 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.