§ 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.