N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 301

§ 301. General powers of state racing and wagering board; harness\nracing defined; super exotic bet defined, authorized. 1. Pursuant to the\nprovisions of sections two hundred twenty-two through seven hundred five\nof this chapter, the state racing and wagering board shall have power to\nsupervise generally all harness race meetings in this state at which\npari-mutuel betting is conducted. The board may adopt rules and\nregulations not inconsistent with sections two hundred twenty-two\nthrough seven hundred five of this chapter to carry into effect its\npurposes and provisions and to prevent circumvention or evasion thereof.\nIn order that the rules of harness horse racing may be uniform\nthroughout the United States, the board may adopt the rules and\nregulations of the United States Trotting Association, in whole or in\npart, and may adopt such other or different rules as it deems necessary\nto carry into effect the purposes and provisions of sections two hundred\ntwenty-two through seven hundred five of this chapter.\n 2. Without limiting the generality of the foregoing, and in addition\nto its other powers:\n a. The state racing and wagering board shall prescribe rules and\nregulations for effectually preventing the use of improper devices, the\nadministration of drugs or stimulants or other improper acts for the\npurpose of affecting the speed of harness horses in races in which they\nare about to participate.\n b. The rules of the board shall also provide that all winning\npari-mutuel tickets must be presented for payment before April first of\nthe year following the year of their purchase and failure to present any\nsuch ticket within the prescribed period of time shall constitute a\nwaiver of the right to participate in the award or dividend.\n c. The board shall have power in its discretion, consistent with the\npowers of the state tax commission, to prescribe uniform methods of\nkeeping accounts, records and books to be observed by associations or\ncorporations licensed under the provisions of this article or by any\nassociation or corporation which owns stock in, or shares in the\nprofits, or participates in the management or affairs of, such licensed\nassociation or corporation, or by any person, firm, association or\ncorporation holding any concession, right or privilege to perform any\nservice or sell any article at any track at which pari-mutuel harness\nracing meets are conducted. The board may also in its discretion,\nconsistent with the powers of the state tax commission, prescribe by\norder forms of accounts, records and memoranda to be kept by such\npersons, firms, associations or corporations. The board shall have power\nto visit, investigate, and place expert accountants, or such other\npersons as it may deem necessary, in the offices, tracks or other places\nof business of any such person, firm, association or corporation for the\npurpose of seeing that the provisions of sections two hundred twenty-two\nthrough seven hundred five of this chapter and the rules and regulations\nissued by the board thereunder are strictly complied with. Such persons,\nfirms, associations or corporations shall annually file with the board,\non such date as the board shall prescribe, a report showing their\nfinancial condition and financial transactions during the fiscal year,\nincluding a balance sheet and a profit and loss statement, verified by\nthe oath of at least two of its principal officers, if it be an\nassociation or corporation having officers, and by one or more of the\nowners or proprietors thereof if not an association or corporation. The\nreport shall be in such form and contain such other matters as the board\nmay determine from time to time to be necessary to disclose accurately\nthe financial condition and operation of such persons, firms,\nassociations or corporations during the preceding fiscal year. The board\nmay for good cause shown grant a reasonable extension of time for the\nfiling of any such report.\n 3. The term "racing", as used in this article, shall be construed to\nmean only horse racing in which the horses participating are harnessed\nto a sulky, carriage, or similar vehicle, and shall not include any form\nof horse racing in which the horses participating are mounted by a\njockey.\n 4. The term "super exotic bet" or "super exotic wager", as used in\nthis chapter, shall mean a single bet or wager on six or more horses,\nevidenced by a single ticket and representing an interest in a betting\npool hereby authorized to be conducted by licensed racing associations\nor corporations or regional off-track betting corporations pursuant to\nrules and regulations of the state racing and wagering board. Such rules\nand regulations shall provide the manner in which winning tickets in\nsuch pool shall be determined and may provide that a portion only of the\namounts otherwise available to winners of such pools be paid to holders\nof consolation tickets combining the most winning horses as provided in\nsuch rules and regulations and that the balance of amounts otherwise\navailable to winners from such pool be carried forward and deposited in\nany subsequent super exotic pools. Such rules and regulations shall also\nprovide that an amount not to exceed six per centum of the total wagers\nin each super exotic pool may be used or accumulated to reimburse any\nsuch association or corporation conducting such pool for the cost of\nassuring an advertised winning pay-out for winning wagers or for a\ncapital improvement fund or to reimburse any such association or\ncorporation for amounts it has contributed to the amounts otherwise\navailable for winning wagers to increase the pay-out therefor. Such\nrules and regulations may further provide that all of the amounts\navailable for winning tickets and accumulations therefor shall be\ndistributed periodically to holders of tickets combining the most\nwinners in a pool conducted upon a date specified by the board and, in\nany event, shall provide for complete disposition of all amounts\navailable for winning tickets and accumulations therefor before the end\nof the licensed meet during which such super exotic pools are conducted.\nNotwithstanding the foregoing or any other provisions of law, all\ndistributions, taxes and regulatory fees on super exotic bets shall be\ndistributed as though the bet were an exotic bet, except that a balance\nmay be retained and deposited in subsequent pools.\n 5. The board shall have the power to issue licenses to western\nregional off-track betting corporation or to a subsidiary of said\nwestern regional off-track betting corporation for the purpose of\nconducting harness race meetings at Batavia Downs race track and to make\ncapital improvements to said track, provided that such corporation\notherwise meets the terms and conditions for licensure as provided under\nthis article. Notwithstanding the provisions of articles five and five-a\nof this chapter, said corporation shall be deemed to be a harness racing\ncorporation with respect to pari-mutuel wagering conducted at said track\npursuant to this chapter, except that net revenues derived from such\npari-mutuel wagering shall be distributed among the counties that\nparticipate in such corporation on the basis of population, as defined\nas the total population in each participating county shown by the latest\npreceding decennial federal census completed and published as a final\npopulation count by the United States bureau of the census preceding the\ncommencement of the calendar year in which such distribution is to be\nmade.\n