|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 19, 2014||
referred to racing and wagering
delivered to assembly
|May 19, 2014||
advanced to third reading
|May 14, 2014||
2nd report cal.
|May 13, 2014||
1st report cal.615
|Apr 23, 2014||
referred to racing, gaming and wagering
senate Bill S7076
Expands the reports a franchised thoroughbred racing corporation must make available to the franchise oversight board
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (7)
Jun 19, 2014 - floor VoteS7076580floor58Aye0Nay0Absent3Excused0Abstained
show floor vote details
Floor Vote: Jun 19, 2014aye (58)
May 13, 2014 - Racing, Gaming and Wagering committee VoteS7076110committee11Aye0Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S7076 - Bill Details
- Current Committee:
- Law Section:
- Racing, Pari-Mutuel Wagering and Breeding Law
- Laws Affected:
- Amd §212, RWB L
S7076 - Bill Texts
Expands the reports a franchised thoroughbred racing corporation must make available to the franchise oversight board.
view sponsor memo
TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law, in relation to oversight of a franchised racing
corporation and to make technical amendments thereto
Purpose of the Bill:
This bill would strengthen the ability of the Franchise Oversight
Board (FOB) to review the records of the franchised corporation that
operates the State-owned horse racing tracks.
Summary of Provisions:
Section 1 of the bill would amend Racing, Pari-Mutual Wagering and
Breeding Law (Racing Law) § 212(8)(a)(xiii) to authorize the FOB to
require the franchised corporation, which is now The New York Racing
Association, Inc. (NYRA), to make available within 30 days of a
request of the FOB any reports of the independent business integrity
counsel. The bill further provides that with respect to such mandatory
disclosure to the FOB, the attorney-client privilege would not apply,
but that such privilege would continue to apply with respect to other
Section 1 of the bill would also amend subparagraphs (iii), (iv),
(vii), and (xvii) of Racing Law § 212(8)(a) to refer to the Gaming
Commission rather than the former Racing and Wagering Board and to
correct a typographical error and make other minor technical
Racing Law § 206(5) requires the franchised corporation to "retain an
independent business integrity counsel, who, among other things, will
act as an independent source to help ensure the integrity of the
franchised corporation, its officers and employees, and its
operations." Racing Law § 212(8)(a)(xiii) currently provides that the
FOB may "require the franchised corporation to make all records and
documents pertaining to its financial practices, and other documents
and records necessary to carry out its duties" available to the FOB
within 30 days of a request. Currently, however, NYRA has been
reluctant to provide reports of the independent business integrity
counsel to the FOB over concern that doing so would waive NYRA's
attorney-client privilege with respect to such reports.
Prior Legislative History:
This is a new proposal.
Statement in Support:
In order for the FOB to carry out its oversight responsibilities, this
bill would make explicit the FOB's entitlement to receive reports of
NYRA's independent business integrity counsel. The existence of the
attorney-client privilege between NYRA and its business integrity
counsel makes it problematic for NYRA to make reports of its business
integrity counsel available to the FOB. By providing that the
privilege does not apply to such reports in regard to the FOB, NYRA's
interest in protecting the privilege with respect to outside parties
would be preserved, while allowing the FOB to fulfill its oversight
function. The other provisions in the bill make technical amendments
to Racing Law § 212(8)(a) for the purpose of clarification.
There are no fiscal implications to the State from this bill.
There is no impact on local governments from this bill.
This bill would take effect immediately.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7076 I N S E N A T E April 23, 2014 ___________ Introduced by Sen. BONACIC -- (at request of the New York State Gaming Commission) -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wagering AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to oversight of a franchised racing corporation and to make technical amendments thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs (iii), (iv), (vii), (xiii) and (xvii) of paragraph a of subdivision 8 of section 212 of the racing, pari-mutuel wagering and breeding law, as added by chapter 18 of the laws of 2008, are amended to read as follows: (iii) oversee, monitor and review all significant transactions and operations of the franchised corporation authorized by this chapter; provided, however, that nothing in this section shall be deemed to reduce, diminish or impede the authority of the state [racing and wager- ing board] GAMING COMMISSION to, pursuant to article one of this chap- ter, determine and enforce compliance by the franchised corporation with terms of racing laws and regulations. Such oversight shall include, but not be limited to: (A) review and make recommendations concerning the annual operating budgets of such franchised corporation; (B) review and make recommendations concerning operating revenues and the establishment of a financial plan; (C) review and make recommendations concerning accounting, internal control systems and security procedures; (D) review such franchised corporation's revenue and expenditure [polices] POLICIES, which shall include collective bargaining agreements management and employee compensation plans, vendor contracts and capital improvement plans; (E) review such franchise corporation's compliance with the laws, rules and regulations applicable to its activities; (F) make recommendations for establishing model governance principles to improve accountability and transparency; and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13909-02-4 S. 7076 2 (G) receive, review, approve or disapprove capital expense plans submitted annually by the franchised corporation. (iv) evaluate, review and approve the racing franchisee's selection of a vendor or vendors to contract with the franchised corporation for provision of [totalizator] TOTALISATOR services, and manage, subject to the franchised corporation's unilateral right to opt out, directly or indirectly, integration of any offered internet wagering platform. The franchise oversight board shall consider in its evaluation of any such proposed vendor their ability to reduce the [totalizator] TOTALISATOR expenses and general development and production costs of any internet wagering platform of an authorized off-track betting corporation and the state racing franchise holder. (vii) review and provide any recommendations on all simulcasting contracts (buy and sell) that are also subject to prior approval of the [racing and wagering board] STATE GAMING COMMISSION; (xiii) require the franchised corporation to make all records and documents pertaining to its financial practices, and other documents and records necessary to carry out its duties, INCLUDING WITHOUT LIMITATION ANY REPORTS OF INDEPENDENT BUSINESS INTEGRITY COUNSEL RETAINED PURSUANT TO SUBDIVISION FIVE OF SECTION TWO HUNDRED SIX OF THIS ARTICLE. SUCH REPORTS ARE NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE SET FORTH IN SECTION FORTY-FIVE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES OR OTHERWISE IN RELATION TO THIS MANDATORY DISCLOSURE TO THE FRANCHISE OVERSIGHT BOARD, BUT SUCH REPORTS RETAIN SUCH PRIVILEGE IN REGARD TO OTHER PARTIES UNLESS THE FRANCHISE OVERSIGHT BOARD NEEDS TO DISCLOSE SUCH REPORTS TO PROMOTE OR ENSURE COMPLIANCE BY THE FRANCHISED CORPO- RATION WITH THE LAWS AND RULES OF THE STATE OF NEW YORK. SUCH RECORDS AND DOCUMENTS SHALL BE available to the franchise oversight board within thirty days of a written request; (xvii) request and accept the assistance of any state agency, includ- ing but not limited to, the [racing and wagering board] STATE GAMING COMMISSION, the [division of the lottery] office of parks, recreation and historic preservation, the department of environmental conservation and the department of taxation and finance, in obtaining information related to the franchised corporation's compliance with the terms of the franchise agreement; and S 2. This act shall take effect immediately; provided, however the amendments to section 212 of the racing, pari-mutuel wagering and breed- ing law made by section one of this act shall not affect the expiration and repeal of such section pursuant to chapter 354 of the laws of 2005 and shall expire and be deemed repealed therewith.
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