Senate Bill S6313

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6313

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 23, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation  to  abolishing  the New York city and Nassau county regional
  off-track betting corporations and establishing a reconstituted Metro-
  politan OTB

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 3 of section 502 of the racing, pari-mu-
tuel  wagering and breeding law, subdivision 1 as amended by chapter 710
of the laws of 1990, are amended to read as follows:
  1. A regional off-track betting corporation is hereby established  for
each region, except the New York city [region] AND NASSAU COUNTY REGIONS
for which [the New York city] A RECONSTITUTED NEW YORK CITY-NASSAU COUN-
TY off-track betting corporation (HEREINAFTER, THE METROPOLITAN OTB), IS
HEREBY  established pursuant to and subject to article six of this chap-
ter AND shall constitute the regional corporation and such  article  six
shall  govern  such  [New  York city] RECONSTITUTED NEW YORK CITY-NASSAU
COUNTY off-track betting corporation. Each regional corporation shall be
a body corporate and politic constituting a public benefit  corporation.
Each  corporation shall be administered by a board of directors consist-
ing of two members from each participating county containing a  city  of
over  one  hundred  fifty  thousand in population, according to the last
federal census, and one member from  each  other  participating  county.
Notwithstanding  any other provision of law to the contrary, the members
shall be appointed by  the  county  governing  body,  and  may,  at  the
discretion of such governing body of counties which have a population of
less  than two hundred thousand, include sitting members of such govern-
ing body. A member of a governing body who is appointed a director after
July first, nineteen hundred ninety shall  not  be  compensated  by  the
regional  corporation;  provided,  however,  that the mayor of a city of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15165-01-9
              

S. 6313                             2

over one hundred fifty thousand that has elected to participate  in  the
management  of a corporation pursuant to subdivision two of this section
shall, with the approval of the city's legislative body, appoint one  of
the members to which the county containing such city is entitled. In the
case  of  the corporation established for the Suffolk region [and Nassau
region], the board of directors of each  corporation  shall  consist  of
three members appointed by the governing body of [each] SUCH county, not
more  than  two of whom shall be members of the same political party. IN
THE CASE OF THE METROPOLITAN OTB, THE BOARD OF DIRECTORS  SHALL  CONSIST
OF FIVE MEMBERS, TWO APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
TWO  APPOINTED  BY THE SPEAKER OF THE ASSEMBLY, AND ONE APPOINTED BY THE
GOVERNOR, NOT MORE THAN THREE OF WHOM SHALL BE MEMBERS OF THE SAME POLI-
TICAL PARTY. Each director shall serve at the pleasure of the  governing
body  or  mayor  appointing him, as the case may be. A chairman shall be
elected by the members to serve a term of one year.
  3. Upon the passage of enabling legislation by the governing  body  of
not  less than three counties within a region representing not less than
thirty percent of the population of such region, as  determined  by  the
last  federal  census,  or  in  the case of the Suffolk region, upon the
passage of enabling legislation by the governing body of Suffolk county,
or in the case  of  the  [Nassau  region]  METROPOLITAN  OTB,  upon  the
[passage of enabling legislation by the governing body of Nassau county]
ENACTMENT  INTO STATE LAW OF ENABLING LEGISLATION, or in the case of the
Mid-Hudson region upon  the  passage  of  enabling  legislation  by  the
governing body of the county of Westchester and of the governing body of
one  other  county  in  such  region,  and  following the appointment of
members of the board of directors, such corporation shall file with  the
secretary  of  state  and  with  the  state  racing and wagering board a
certificate setting forth:
  a. The date of passage of the enabling legislation;
  b. The name of the agency, which shall  be  the  name  of  the  region
followed by the words "regional off-track betting corporation"; and
  c.  The  names of the members of the board of directors and the chair-
man.
  S 2. This act shall take effect immediately.