Bill Text: NY A06232 | 2023-2024 | General Assembly | Amended
Bill Title: Clarifies certain provisions regarding conflicts of interest of certain public employees regarding the licensing of a participant in horse racing activities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-20 - print number 6232a [A06232 Detail]
Download: New_York-2023-A06232-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6232--A 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Racing and Wagering -- recommitted to the Committee on Racing and Wagering in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to conflicts of interest of certain public employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6, 7 and 8 of section 107 of the racing, 2 pari-mutuel wagering and breeding law, as added by section 1 of part A 3 of chapter 60 of the laws of 2012, are amended to read as follows: 4 6. (a) The following public employees are prohibited from holding any 5 license from the commission: 6 [(a)] (i) an employee of the commission; any director or employee of a 7 regional off-track betting corporation employed in a management, confi- 8 dential or supervisory capacity for purposes of their position with 9 off-track betting; or 10 [(b)] (ii) an employee of the state legislature; provided, however, 11 that an employee of the state legislature whose duties in such position 12 do not relate to gaming activities shall not be subject to the prohibi- 13 tions of this section if he or she held a license from the former state 14 racing and wagering board while employed by the state legislature prior 15 to July first, nineteen hundred eighty; or 16 [(c)] (iii) an employee of any local legislative body whose duties 17 involve gaming activities; or 18 [(d)] (iv) an employee of any state or local board, agency, authority 19 or other state or local governmental body, the duties of which relate to 20 gaming activities or the taxation thereof. 21 (b) Notwithstanding any other provision of law to the contrary, for 22 the purpose of this section the term "gaming activity" shall mean to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09859-03-4A. 6232--A 2 1 direct or take part in the operation or management of any form of legal- 2 ized gaming, including, but not limited to, Class III gaming under the 3 Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., pari-mutuel 4 wagering, both on-track and off-track, bingo and charitable games of 5 chance and the state lottery for education. 6 7. (a) No public officer, public employee or party officer shall: 7 [(a)] (i) own or hold, directly or indirectly, any proprietary inter- 8 est, stock or obligation of any firm, association or corporation [(i)] 9 (1) which is licensed by the commission to conduct video lottery gaming 10 or horse racing activities, or [(ii)] (2) which conducts its occupation, 11 trade, or business at a racetrack at which pari-mutuel race meets are 12 conducted or facility where video lottery gaming activity is conducted 13 whether or not a license is required, or [(iii)] (3) which owns or leas- 14 es to any enfranchised or licensed association or corporation a race- 15 track at which pari-mutuel racing is conducted or facility where video 16 lottery gaming activity is conducted, or [(iv)] (4) which participates 17 in the management of any franchise holder or licensee conducting video 18 lottery gaming or horse racing activities; or 19 [(b)] (ii) hold any office or employment with any firm, association or 20 corporation specified in [paragraph (a) of this subdivision] subpara- 21 graph (i) of this paragraph, except as provided in subdivision eight of 22 this section; or 23 [(c)] (iii) sell, or be a member of a firm, or own ten per centum or 24 more of the stock of any corporation, which sells any goods or services 25 to any firm, association or corporation specified in [paragraph (a) of26this subdivision] subparagraph (i) of this paragraph. For purposes of 27 this subdivision, a direct or indirect interest shall not include an 28 interest in a mutual fund or any other diversified investments over 29 which the recipient does not know the identity of the primary source of 30 income. 31 (b) The provisions of this subdivision shall not apply to the licens- 32 ing of a participant in horse racing activities. For the purposes of 33 this subdivision, the term "participant" shall mean a horse owner, 34 trainer, driver, jockey or groom. 35 8. (a) The provisions of [paragraph (b)] subparagraph (ii) of para- 36 graph (a) of subdivision seven of this section shall not apply to a 37 public employee other than an employee of the commission, a police offi- 38 cer or a peace officer employed by a sheriff's office, district attor- 39 ney's office or other state or local law enforcement agency, or those 40 employees classified as management confidential employees pursuant to 41 section two hundred fourteen of the civil service law who are employed 42 by a state or local law enforcement agency or regional off-track betting 43 corporation; provided, however, that employment of employees of a poli- 44 tical subdivision may be prohibited by ordinance, resolution or local 45 law adopted by the local legislative body or other governing board of 46 such political subdivision. 47 (b) The provisions of this subdivision shall not apply to the licens- 48 ing of a participant in horse racing activities. For the purposes of 49 this subdivision, the term "participant" shall mean a horse owner, 50 trainer, driver, jockey or groom. 51 § 2. This act shall take effect on the sixtieth day after it shall 52 have become a law.
