§ 303 — Filing of information concerning stock transfers; necessity for commission approval

§ 303. Filing of information concerning stock transfers; necessity for\ncommission approval. 1. Whenever a transfer of stock of any association\nor corporation that is licensed under this article, or of any\nassociation or corporation that leases to such licensee the track at\nwhich it conducts pari-mutuel harness races, or that owns twenty-five\npercent or more of the stock of such licensee shall be made, there shall\nbe filed simultaneously with the association or corporation that issued\nsuch stock the following:\n a. In duplicate, an affidavit executed by the transferee stating that\nthe affiant is to be the sole beneficial owner thereof, and whether or\nnot the affiant has (i) been convicted of a crime involving moral\nturpitude, (ii) been engaged in bookmaking or other forms of illegal\ngambling, (iii) been found guilty of any fraud or misrepresentation in\nconnection with racing or breeding, (iv) been guilty of any violation or\nattempt to violate any law, rule or regulation of any racing\njurisdiction for which suspension from racing might be imposed in such\njurisdiction, or (v) violated any rule, regulation or order of the\ncommission; if the transferee is not, or is not to be, the sole\nbeneficial owner thereof, then there shall be annexed to said affidavit\nof the transferee, and expressly stated in such affidavit to be deemed a\npart thereof, a true and complete copy, or if oral, a complete statement\nof all the terms, of the agreement or understanding pursuant to which\nthe stock is to be so held by the transferee, including a detailed\nstatement of the interest therein of each person who is to have any\ninterest therein; and at the same time.\n b. In duplicate, an affidavit executed by each person for whom such\nstock, or any interest therein, is to be held by said transferee,\nsetting forth whether or not the affiant has (i) been convicted of a\ncrime involving moral turpitude, (ii) engaged in bookmaking or other\nforms of illegal gambling, (iii) been found guilty of any fraud or\nmisrepresentation in connection with racing or breeding, (iv) been\nguilty of any violation or attempt to violate any law, rule or\nregulation of any racing jurisdiction for which suspension from racing\nmight be imposed in such jurisdiction, or (v) violated any rule,\nregulation or order of the commission; to each of which affidavits shall\nbe annexed, and expressly stated in such affidavit to be deemed a part\nthereof, a true and complete copy, or if oral, a complete statement of\nall the terms, of the agreement or understanding pursuant to which the\nstock is to be so held by the transferee, including a detailed statement\nof the interest therein of each person who is to have any interest\ntherein.\n c. Said association or corporation shall forthwith file with the\ncommission one of each of said duplicate affidavits.\n 2. If, after the filing of any affidavit required to be filed by\nsubdivision one of this section, there is any change in the status of\nany such affiant with respect to any of the matters set forth in\nsubparagraph (i), (ii), (iii), (iv) or (v) of paragraph a of subdivision\none of this section of the affidavit theretofore filed by him or her,\nsuch affiant shall forthwith file with the association or corporation\nwith which the affiant's affidavit was so filed a new affidavit,\nexecuted in duplicate, setting forth such change of status, and the\nassociation or corporation shall forthwith file one of said affidavits\nwith the commission.\n 3. Whenever any change is made in the amount, nature, or otherwise, of\nthe interest of any person having an interest in stock of any such\nassociation or corporation, or any new interest is created therein,\nwithout a transfer of such interest as provided in subdivisions one and\ntwo of this section, the record owner of such stock, and each person\nwhose interest therein has been so attempted to be changed or created,\nshall file with the association or corporation that issued such stock,\nin duplicate, affidavits as provided by paragraphs a and b of\nsubdivision one of this section, except that such affidavits need not\ninclude the matters referred to in subparagraphs (i), (ii), (iii), (iv)\nand (v) of paragraph a of subdivision one of this section, unless then\nrequired pursuant to subdivision two of this section, and one copy\nthereof shall forthwith be filed by the association or corporation with\nthe commission.\n 4. The commission may, upon application to it for good cause shown,\nwaive compliance with subdivisions one, two and three of this section.\n 5. If the commission determines that it is inconsistent with the\npublic interest, convenience or necessity, or with the best interests of\nracing generally, that any person continue to be a stockholder of\nrecord, or the beneficial owner of any interest in stock standing in the\nname of another, in any association or corporation licensed under this\narticle, or of any association or corporation that leases to such\nlicensee the track at which it conducts pari-mutuel harness racing or\nthat owns twenty-five percent or more of the stock of such licensee, the\ncommission shall have full power and authority to order or direct each\nsuch stockholder or beneficial owner irrespective of the time when such\nstockholder or beneficial owner acquired his or her stock or interest\ntherein to dispose of such stock or interest within a period of time to\nbe specified by the commission, which period the commission shall have\nfull power and authority to extend from time to time.\n 6. If the commission shall make any order or direction as provided in\nsubdivision five of this section, the person aggrieved thereby shall be\ngiven notice of the time and place of a hearing before the commission at\nwhich the commission will hear such person in reference thereto. The\naction of the commission in making any such order or direction shall be\nreviewable in the courts of this state in the manner provided by, and\nsubject to the provisions of article seventy-eight of the civil practice\nlaw and rules.\n 7. Upon application of the commission, the supreme court of this state\nshall have jurisdiction to issue final orders, on notice and after\nhearing, commanding any person to comply with the provisions of the\norders or directions issued by the commission under subdivision five of\nthis section.\n 8. In case of conflict between this section and article eight of the\nuniform commercial code, this section shall control.\n § 43. Subdivision (b) and the closing paragraph of section 303-a of\nthe racing, pari-mutuel wagering and breeding law, as added by chapter\n281 of the laws of 1994, are amended to read as follows:\n (b) Non-managing owners. There shall be no restriction on the number\nof non-managing owners of a race horse except that no horse shall be\nentered or started that is owned by thirty-five or fewer owners unless\nall such owners are licensed; in the event that a horse is owned by more\nthan thirty-five owners, only those individuals having a three percent\nor greater property interest in such horse shall be required to be\nlicensed as an owner.\n The commission shall adopt rules and regulations regarding ownership\nof horses not inconsistent with this section.\n