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This entry was published on 2020-10-16
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SECTION 503
Powers of regional corporations
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 5
§ 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;

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.