S T A T E   O F   N E W   Y O R K
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                                  4189

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
  the  tax law, in relation to making persons convicted of certain felo-
  nies ineligible for thoroughbred  racing,  harness  racing  and  video
  lottery gaming licenses

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

  Section 1.   The racing, pari-mutuel  wagering  and  breeding  law  is
amended by adding a new section 113 to read as follows:
  S  113.  PERSONS  CONVICTED OF CERTAIN FELONIES INELIGIBLE FOR CERTAIN
LICENSES. 1.  THE PROVISIONS OF THIS SECTION APPLY TO  LICENSES  SUBJECT
TO  SECTION  TWO  HUNDRED  FIVE OF THIS CHAPTER FOR RUNNING THOROUGHBRED
RACES AND LICENSES SUBJECT TO SECTION THREE HUNDRED SEVEN OF THIS  CHAP-
TER FOR THE CONDUCT OF HARNESS RACE MEETINGS.
  2.  A.    FOR  THE  PURPOSES OF THIS SECTION, A CONVICTION OF A FELONY
SHALL MEAN THE CONVICTION OF A FELONY INVOLVING MORAL TURPITUDE  BY  ANY
COURT IN THIS STATE OR BY ANY COURT OF THE UNITED STATES OR BY ANY COURT
OF  ANY  OTHER  STATE OF THE UNITED STATES; PROVIDED, HOWEVER, THAT IF A
CRIME OF WHICH A PERSON IS CONVICTED BY ANY COURT OF THE  UNITED  STATES
OR  ANY  OTHER  STATE  IS  A  FELONY  IN  THE  JURISDICTION IN WHICH THE
CONVICTION IS HAD BUT IS NOT A FELONY INVOLVING MORAL TURPITUDE IN  THIS
STATE,  THEN THE CONVICTION SHALL NOT BE DEEMED A CONVICTION OF A FELONY
FOR THE PURPOSES OF THIS SECTION. IN THE EVENT THAT A CRIME OF  WHICH  A
PERSON IS CONVICTED BY ANY COURT OF THE UNITED STATES OR BY ANY COURT OF
ANY  OTHER  STATE  IS  NOT  A  FELONY  IN  THE JURISDICTION IN WHICH THE
CONVICTION IS HAD BUT IS A FELONY  INVOLVING  MORAL  TURPITUDE  IN  THIS
STATE,  THEN THE CONVICTION SHALL BE DEEMED A CONVICTION OF A FELONY FOR
THE PURPOSES OF THIS SECTION.  IF A PERSON CONVICTED OF SUCH A FELONY OR
CRIME DEEMED TO BE SUCH A FELONY IS SUBSEQUENTLY PARDONED BY THE  GOVER-
NOR  OF  THE STATE WHERE SUCH CONVICTION WAS HAD, OR BY THE PRESIDENT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07843-01-1
              

A. 4189                             2

THE UNITED STATES, OR SHALL RECEIVE A CERTIFICATE OF GOOD CONDUCT GRANT-
ED BY THE BOARD OF PAROLE PURSUANT TO THE PROVISIONS  OF  THE  EXECUTIVE
LAW  FOR  THE  PURPOSE  OF  REMOVING  THE  DISABILITY UNDER THIS SECTION
BECAUSE  OF SUCH CONVICTION, THE BOARD MAY, IN ITS DISCRETION, ON APPLI-
CATION OF SUCH PERSON, AND ON  THE  SUBMISSION  TO  IT  OF  SATISFACTORY
EVIDENCE OF GOOD MORAL CHARACTER AND SUITABILITY, LICENSE SUCH PERSON.
  B.  FOR  THE  PURPOSES OF THIS SECTION, "MAJOR STOCKHOLDER" SHALL MEAN
ANY PERSON WHICH OWNS OR SEEKS TO OWN TWENTY-FIVE PERCENT OR MORE OF THE
STOCK OF AN ASSOCIATION, FRANCHISEE OR CORPORATION.
  3. A. THE STATE RACING AND WAGERING BOARD  SHALL  REFUSE  TO  GRANT  A
LICENSE  TO AN ASSOCIATION, FRANCHISEE OR CORPORATION IF IT SHALL DETER-
MINE THAT ANY OFFICER, DIRECTOR, MEMBER OR  MAJOR  STOCKHOLDER  OF  SUCH
ASSOCIATION,  FRANCHISEE  OR CORPORATION APPLYING FOR A LICENSE HAS BEEN
CONVICTED OF A FELONY.
  B. THE STATE RACING AND WAGERING BOARD SHALL  REVOKE  ANY  LICENSE  IN
EFFECT  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THE PROVISIONS
OF PARAGRAPH A OF THIS SUBDIVISION WOULD PRECLUDE  ITS  ISSUANCE  IF  IT
WERE TO BE APPLIED FOR ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  4.  UPON THE REVOCATION OF A LICENSE PURSUANT TO PARAGRAPH B OF SUBDI-
VISION THREE OF THIS SECTION, THE STATE RACING AND WAGERING BOARD  SHALL
ISSUE  A LICENSE TO A PROVISIONAL OPERATOR TO OPERATE SUCH RACE MEETINGS
OR OTHERWISE, AS THE CASE MAY BE, FOR A PERIOD NOT IN EXCESS OF ONE YEAR
PENDING THE APPROVAL OF A SUCCESSOR  LICENSEE.  A  PROVISIONAL  OPERATOR
SHALL RECEIVE NO COMPENSATION OR OTHER REVENUE FROM SUCH OPERATION OTHER
THAN  A  MANAGEMENT  FEE,  THE AMOUNT OF WHICH OR MANNER OF FIXING WHICH
SHALL BE DETERMINED BY THE BOARD.
  5. ANY INFORMATION OBTAINED BY THE STATE RACING AND WAGERING BOARD  IN
THE  ENFORCEMENT OF THIS SECTION PERTAINING TO A FELONY CONVICTION SHALL
BE FORTHWITH TRANSMITTED TO THE DIVISION OF THE LOTTERY  IN  FURTHERANCE
OF SUCH DIVISION'S DUTIES UNDER SUBDIVISION F OF SECTION SIXTEEN HUNDRED
SEVENTEEN-A OF THE TAX LAW.
  6. THE STATE RACING AND WAGERING BOARD SHALL APPROVE NO STOCK TRANSFER
SUBJECT TO THE PROVISIONS OF SECTION TWO HUNDRED FOUR-A OR THREE HUNDRED
THREE  OF  THIS  CHAPTER  TO  ANY PERSON WHO WOULD BE INELIGIBLE FOR THE
ISSUANCE OF A LICENSE PURSUANT TO PARAGRAPH A OF  SUBDIVISION  THREE  OF
THIS SECTION AND SHALL ACCORDINGLY REQUIRE DIVESTMENT THEREOF.
  S  2.  The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 204-a to read as follows:
  S 204-A.  FILING OF INFORMATION CONCERNING STOCK TRANSFERS;  NECESSITY
FOR  STATE  RACING AND WAGERING BOARD'S APPROVAL. 1. WHENEVER A TRANSFER
OF TWENTY-FIVE PERCENT OR MORE OF THE STOCK OF ANY FRANCHISEE OR  CORPO-
RATION  WHICH  IS  LICENSED  UNDER THIS ARTICLE, OR OF ANY FRANCHISEE OR
CORPORATION WHICH LEASES TO SUCH LICENSEE THE TRACK AT WHICH IT CONDUCTS
PARI-MUTUEL  THOROUGHBRED  RUNNING  RACES,  OR  WHICH  OWNS  TWENTY-FIVE
PERCENT OR MORE OF THE STOCK OF SUCH LICENSEE SHALL BE MADE, THERE SHALL
BE  FILED SIMULTANEOUSLY WITH THE FRANCHISEE OR CORPORATION WHICH ISSUED
SUCH STOCK THE FOLLOWING:
  A. IN DUPLICATE, AN AFFIDAVIT EXECUTED BY THE TRANSFEREE STATING  THAT
HE OR SHE IS TO BE THE SOLE BENEFICIAL OWNER THEREOF, AND WHETHER OR NOT
HE  OR SHE (I) HAS BEEN CONVICTED OF A FELONY, AS DEFINED IN SUBDIVISION
TWO OF SECTION ONE HUNDRED THIRTEEN OF  THIS  CHAPTER,  OR  OTHER  CRIME
INVOLVING  MORAL TURPITUDE, (II) HAS BEEN ENGAGED IN BOOKMAKING OR OTHER
FORM OF ILLEGAL GAMBLING, (III) HAS BEEN FOUND GUILTY OF  ANY  FRAUD  OR
MISREPRESENTATION  IN  CONNECTION WITH RACING OR BREEDING, (IV) HAS BEEN
FOUND GUILTY OF ANY VIOLATION OR ATTEMPT TO VIOLATE  ANY  LAW,  RULE  OR
REGULATION  OF  ANY RACING JURISDICTION FOR WHICH SUSPENSION FROM RACING

A. 4189                             3

MIGHT BE IMPOSED IN SUCH JURISDICTION, OR (V)  HAS  VIOLATED  ANY  RULE,
REGULATION  OR  ORDER  OF  THE  STATE  RACING AND WAGERING BOARD; IF THE
TRANSFEREE IS NOT OR IS NOT TO BE THE  SOLE  BENEFICIAL  OWNER  THEREOF,
THEN  THERE  SHALL  BE  ANNEXED TO SAID AFFIDAVIT OF THE TRANSFEREE, AND
EXPRESSLY STATED IN SUCH AFFIDAVIT TO BE DEEMED A PART THEREOF,  A  TRUE
AND  COMPLETE COPY OR IF ORAL, A COMPLETE STATEMENT OF ALL THE TERMS, OF
THE AGREEMENT OR UNDERSTANDING PURSUANT TO WHICH THE STOCK IS TO  BE  SO
HELD  BY  THE TRANSFEREE, INCLUDING A DETAILED STATEMENT OF THE INTEREST
THEREIN OF EACH PERSON WHO IS TO HAVE ANY INTEREST THEREIN; AND  AT  THE
SAME TIME.
  B.  IN  DUPLICATE,  AN  AFFIDAVIT EXECUTED BY EACH PERSON FOR WHOM THE
SAID STOCK OR ANY INTEREST THEREIN IS TO BE  HELD  BY  SAID  TRANSFEREE,
SETTING  FORTH  WHETHER  OR  NOT THE AFFIANT (I) HAS BEEN CONVICTED OF A
FELONY, AS DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED THIRTEEN OF
THIS CHAPTER, OR OTHER CRIME INVOLVING MORAL TURPITUDE, (II) HAS ENGAGED
IN BOOKMAKING OR OTHER FORM OF ILLEGAL GAMBLING, (III)  HAS  BEEN  FOUND
GUILTY  OF  ANY  FRAUD OR MISREPRESENTATION IN CONNECTION WITH RACING OR
BREEDING, (IV) HAS BEEN GUILTY OF ANY VIOLATION OR  ATTEMPT  TO  VIOLATE
ANY LAW, RULE OR REGULATION OF ANY RACING JURISDICTION FOR WHICH SUSPEN-
SION  FROM  RACING  MIGHT  BE  IMPOSED  IN SUCH JURISDICTION, OR (V) HAS
VIOLATED ANY RULE, REGULATION OR ORDER OF THE STATE RACING AND  WAGERING
BOARD; TO EACH OF WHICH AFFIDAVITS SHALL BE ANNEXED, AND EXPRESSLY STAT-
ED  IN  SUCH  AFFIDAVIT TO BE DEEMED A PART THEREOF, A TRUE AND COMPLETE
COPY OR IF ORAL, A COMPLETE STATEMENT OF ALL THE TERMS, OF THE AGREEMENT
OR UNDERSTANDING PURSUANT TO WHICH THE STOCK IS TO BE  SO  HELD  BY  THE
TRANSFEREE,  INCLUDING  A  DETAILED STATEMENT OF THE INTEREST THEREIN OF
EACH PERSON WHO IS TO HAVE ANY INTEREST THEREIN.
  C. SAID FRANCHISEE OR CORPORATION SHALL FORTHWITH FILE WITH THE  STATE
RACING AND WAGERING BOARD ONE OF EACH OF SAID DUPLICATE AFFIDAVITS.
  2. IF, AFTER THE FILING OF ANY AFFIDAVIT REQUIRED TO BE FILED PURSUANT
TO SUBDIVISION ONE OF THIS SECTION, THERE BE ANY CHANGE IN THE STATUS OF
ANY SUCH AFFIANT WITH RESPECT TO ANY OF THE MATTERS SET FORTH IN SUBPAR-
AGRAPH  (I),  (II), (III), (IV) OR (V) OF PARAGRAPH A OF SUBDIVISION ONE
OF THIS SECTION OF THE AFFIDAVIT THERETOFORE FILED BY HIM OR  HER,  SUCH
AFFIANT  SHALL  FORTHWITH  FILE  WITH THE FRANCHISEE OR CORPORATION WITH
WHICH HIS OR HER AFFIDAVIT WAS SO FILED A NEW AFFIDAVIT, EXECUTED BY HIM
OR HER IN DUPLICATE, SETTING FORTH SUCH CHANGE OF STATUS, AND THE  FRAN-
CHISEE  OR  CORPORATION SHALL FORTHWITH FILE ONE OF SAID AFFIDAVITS WITH
THE STATE RACING AND WAGERING BOARD.
  3. WHENEVER ANY CHANGE SHALL BE MADE IN THE AMOUNT, NATURE  OR  OTHER-
WISE  OF THE INTEREST OF ANY PERSON HAVING A TWENTY-FIVE PERCENT OR MORE
INTEREST IN THE ISSUED STOCK OF ANY SUCH FRANCHISEE OR  CORPORATION,  OR
ANY  NEW  INTEREST SHALL BE CREATED THEREIN, WITHOUT A TRANSFER THEREOF,
THE RECORD OWNER OF SUCH STOCK AND EACH PERSON  WHOSE  INTEREST  THEREIN
HAS BEEN SO ATTEMPTED TO BE CHANGED OR CREATED SHALL FILE WITH THE FRAN-
CHISEE  OR CORPORATION WHICH ISSUED SUCH STOCK, IN DUPLICATE, AFFIDAVITS
AS PROVIDED BY PARAGRAPHS A AND B OF SUBDIVISION ONE  OF  THIS  SECTION,
EXCEPT  THAT SUCH AFFIDAVITS NEED NOT INCLUDE THE MATTERS REFERRED TO IN
SUBPARAGRAPHS (I), (II), (III), (IV) AND (V) OF PARAGRAPH A OF  SUBDIVI-
SION  ONE  OF THIS SECTION, UNLESS THEN REQUIRED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION AND ONE COPY THEREOF SHALL FORTHWITH BE FILED BY THE
FRANCHISEE OR CORPORATION WITH THE STATE RACING AND WAGERING BOARD.
  4. IF THE STATE RACING AND WAGERING BOARD DETERMINES THAT IT IS INCON-
SISTENT WITH THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY, OR WITH  THE
BEST  INTERESTS  OF  RACING  GENERALLY, THAT ANY PERSON CONTINUE TO BE A
MAJOR STOCKHOLDER, AS DEFINED IN SUBDIVISION TWO OF SECTION ONE  HUNDRED

A. 4189                             4

THIRTEEN  OF  THIS  CHAPTER,  OF  RECORD  OR THE BENEFICIAL OWNER OF ANY
INTEREST IN STOCK STANDING IN THE NAME OF ANOTHER IN ANY  FRANCHISEE  OR
CORPORATION  LICENSED  UNDER  THIS  ARTICLE,  OR  WHICH OWNS TWENTY-FIVE
PERCENT  OR  MORE  OF  THE  STOCK OF SUCH LICENSEE, THE STATE RACING AND
WAGERING BOARD SHALL HAVE FULL POWER AND AUTHORITY TO  ORDER  OR  DIRECT
EACH  SUCH STOCKHOLDER OR BENEFICIAL OWNER IRRESPECTIVE OF THE TIME WHEN
SUCH STOCKHOLDER OR BENEFICIAL OWNER ACQUIRED HIS OR HER STOCK OR INTER-
EST THEREIN TO DISPOSE OF SUCH STOCK OR INTEREST WITHIN A PERIOD OF TIME
TO BE SPECIFIED BY THE STATE RACING AND WAGERING BOARD, WHICH PERIOD THE
BOARD SHALL HAVE FULL POWER AND AUTHORITY TO EXTEND FROM TIME TO TIME.
  5. IF THE STATE RACING AND WAGERING BOARD  SHALL  MAKE  ANY  ORDER  OR
DIRECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS SECTION, THE PERSON
AGGRIEVED THEREBY SHALL BE GIVEN NOTICE OF THE TIME AND PLACE OF A HEAR-
ING BEFORE THE BOARD AT WHICH THE BOARD WILL HEAR SUCH PERSON IN  REFER-
ENCE THERETO. THE ACTION OF THE BOARD IN MAKING ANY SUCH ORDER OR DIREC-
TION  SHALL  BE  REVIEWABLE  IN  THE  COURTS OF THIS STATE IN THE MANNER
PROVIDED BY, AND SUBJECT TO THE PROVISIONS OF ARTICLE  SEVENTY-EIGHT  OF
THE CIVIL PRACTICE LAW AND RULES.
  6.  UPON  APPLICATION  OF  THE  STATE  RACING  AND WAGERING BOARD, THE
SUPREME COURT SHALL HAVE JURISDICTION TO ISSUE FINAL ORDERS,  ON  NOTICE
AND  AFTER  HEARING, COMMANDING ANY PERSON TO COMPLY WITH THE PROVISIONS
OF THE ORDERS OR DIRECTIONS ISSUED BY THE BOARD UNDER  SUBDIVISION  FOUR
OF THIS SECTION.
  7.  IN  CASE OF CONFLICT BETWEEN THIS SECTION AND ARTICLE EIGHT OF THE
UNIFORM COMMERCIAL CODE, THE PROVISIONS OF THIS SECTION SHALL CONTROL.
  S 3. Section 303 of the racing, pari-mutuel wagering and breeding  law
is amended to read as follows:
  S 303. Filing of information concerning stock transfers; necessity for
board's  approval. 1. Whenever a transfer of stock of any association or
corporation which is licensed under this article, or of any  association
or  corporation  which  leases  to  such  licensee the track at which it
conducts pari-mutuel harness races, or which owns twenty-five percent or
more of the stock of such licensee shall be made, there shall  be  filed
simultaneously  with  the  association  or corporation which issued such
stock the following:
  a. In duplicate, an affidavit executed by the transferee stating  that
he OR SHE is to be the sole beneficial owner thereof, and whether or not
he  OR SHE (i) has been convicted of a FELONY, AS DEFINED IN SUBDIVISION
TWO OF SECTION ONE HUNDRED THIRTEEN OF  THIS  CHAPTER,  OR  OTHER  crime
involving  moral turpitude, (ii) has been engaged in bookmaking or other
forms of illegal gambling, (iii) has been found guilty of any  fraud  or
misrepresentation  in  connection with racing or breeding, (iv) has been
guilty of any violation or attempt to violate any  law,  rule  or  regu-
lation of any racing jurisdiction for which suspension from racing might
be  imposed  in  such  jurisdiction, or (v) has violated any rule, regu-
lation or order of the board; if the transferee is not, or is not to be,
the sole beneficial owner thereof, then there shall be annexed  to  said
affidavit  of  the transferee, and expressly stated in such affidavit to
be deemed a part thereof, a true  and  complete  copy,  or  if  oral,  a
complete  statement  of all the terms, of the agreement or understanding
pursuant to which the stock is to be so held by the transferee,  includ-
ing  a  detailed statement of the interest therein of each person who is
to have any interest therein; and at the same time.
  b. In duplicate, an affidavit executed by each  person  for  whom  the
said  stock,  or any interest therein, is to be held by said transferee,
setting forth whether or not the affiant (i) has  been  convicted  of  a

A. 4189                             5

FELONY, AS DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED THIRTEEN OF
THIS CHAPTER, OR OTHER crime involving moral turpitude, (ii) has engaged
in  bookmaking  or other forms of illegal gambling, (iii) has been found
guilty  of  any  fraud or misrepresentation in connection with racing or
breeding, (iv) has been guilty of any violation or  attempt  to  violate
any law, rule or regulation of any racing jurisdiction for which suspen-
sion  from  racing  might  be  imposed  in such jurisdiction, or (v) has
violated any rule, regulation or order of the board; to  each  of  which
affidavits  shall  be annexed, and expressly stated in such affidavit to
be deemed a part thereof, a true  and  complete  copy,  or  if  oral,  a
complete  statement  of all the terms, of the agreement or understanding
pursuant to which the stock is to be so held by the transferee,  includ-
ing  a  detailed statement of the interest therein of each person who is
to have any interest therein.
  c. Said association or corporation shall forthwith file with the board
one of each of said duplicate affidavits.
  2. If, after the filing of any affidavit hereinabove  required  to  be
filed,  there  be  any  change  in  the  status of any such affiant with
respect to any of the matters  set  forth  in  subparagraph  (i),  (ii),
(iii),  (iv) or (v) of paragraph a of subdivision one of this section of
the affidavit theretofore filed by him OR HER, such affiant shall forth-
with file with the association or corporation  with  which  his  OR  HER
affidavit was so filed a new affidavit, executed by him OR HER in dupli-
cate, setting forth such change of status, and the association or corpo-
ration shall forthwith file one of said affidavits with the board.
  3.  Whenever any change shall be made in the amount, nature, or other-
wise, of the interest of any person having an interest in stock  of  any
such  association  or  corporation, or any new interest shall be created
therein, without a transfer thereof as hereinabove provided, the  record
owner  of such stock, and each person whose interest therein has been so
attempted to be changed or created, shall file with the  association  or
corporation  which  issued  such  stock,  in  duplicate,  affidavits  as
provided by paragraphs a and b  of  subdivision  one  of  this  section,
except  that such affidavits need not include the matters referred to in
subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph a of  subdivi-
sion  one  of this section, unless then required pursuant to subdivision
two of this section, and one copy thereof shall forthwith  be  filed  by
the association or corporation with the board.
  4.  [The board may, upon application to it for good cause shown, waive
compliance with subdivisions one, two and three of this section.
  5.] If the board determines that it is inconsistent  with  the  public
interest, convenience or necessity, or with the best interests of racing
generally,  that  any  person continue to be a stockholder of record, or
the beneficial owner of any interest in stock standing in  the  name  of
another,  in any association or corporation licensed under this article,
or of any association or corporation which leases to such  licensee  the
track  at  which  it  conducts  pari-mutuel harness racing or which owns
twenty-five percent or more of the stock of  such  licensee,  the  board
shall  have full power and authority to order or direct each such stock-
holder or beneficial owner irrespective of the time when such stockhold-
er or beneficial owner acquired his OR HER stock or interest therein  to
dispose  of  such stock or interest within a period of time to be speci-
fied by the board, which period the board  shall  have  full  power  and
authority to extend from time to time.
  [6.]  5. If the board shall make any order or direction as provided in
subdivision [five] FOUR of this section, the  person  aggrieved  thereby

A. 4189                             6

shall  be  given  notice  of  the time and place of a hearing before the
board at which the board will hear such person in reference thereto. The
action of the board in making any  such  order  or  direction  shall  be
reviewable  in  the  courts of this state in the manner provided by, and
subject to the provisions of article seventy-eight of the civil practice
law and rules.
  [7.] 6. Upon application of the board, the supreme court of this state
shall have jurisdiction to issue final orders, on notice and after hear-
ing, commanding any person to comply with the provisions of  the  orders
or  directions issued by the board under subdivision [five] FOUR of this
section.
  [8.] 7. In case of conflict between this section and article eight  of
the uniform commercial code, this section shall control.
  S 4. Section 1617-a of the tax law is amended by adding a new subdivi-
sion f to read as follows:
  F.  (1) NO LICENSE UNDER THIS SECTION SHALL BE ISSUED TO ANY PERSON OR
OTHER ENTITY WHICH HAS BEEN CONVICTED OF A FELONY.
  (2) FOR THE PURPOSES OF THIS SECTION, THE TERM "CONVICTION OF A  FELO-
NY"  HAS  THE  MEANING PRESCRIBED THEREFOR IN SUBDIVISION TWO OF SECTION
ONE HUNDRED THIRTEEN OF THE RACING, PARI-MUTUEL  WAGERING  AND  BREEDING
LAW.
  (3)  THE  DIVISION SHALL REVOKE ANY SUCH LICENSE IN EFFECT ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION IF THE  PROVISIONS  OF  PARAGRAPH
ONE  OF  THIS  SUBDIVISION  WOULD PRECLUDE ITS ISSUANCE IF IT WERE TO BE
APPLIED FOR ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 5. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law; provided that any and
all rules and regulations and any other measures necessary to  implement
any  provision  of this act on its effective date may be promulgated and
taken, respectively, on or before the effective date of such provision.