S T A T E O F N E W Y O R K
________________________________________________________________________
7774
2019-2020 Regular Sessions
I N A S S E M B L Y
May 20, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to the gaming inspector general; and to repeal title 9 of
article 13 of the racing, pari-mutuel wagering and breeding law relat-
ing to the gaming inspector general
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 1368, 1369, 1370, and 1371 of the racing, pari-mu-
tuel wagering and breeding law are renumbered sections 130, 131, 132,
and 133.
§ 2. Title 9 of article 13 of the racing, pari-mutuel wagering and
breeding law is REPEALED.
§ 3. Section 130 of the racing, pari-mutuel wagering and breeding law,
as added by chapter 174 of the laws of 2013 and as renumbered by section
one of this act, is amended to read as follows:
§ 130. Establishment of the office of gaming inspector general. 1.
There is hereby created [within the commission] the office of gaming
inspector general. The head of the office shall be the gaming inspector
general who shall be appointed by the governor by and with the advice
and consent of the senate. The GAMING inspector general shall serve at
the pleasure of the governor. The GAMING inspector general shall report
directly to the governor. The person appointed as GAMING inspector
general shall, upon his or her appointment, have not less than ten years
professional experience in law, investigation, or auditing. The GAMING
inspector general shall be compensated within the limits of funds avail-
able therefor, provided, however, such salary shall be no less than the
salaries of certain state officers holding the positions indicated in
paragraph (a) of subdivision one of section one hundred sixty-nine of
the executive law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11431-02-9
A. 7774 2
2. THE GAMING INSPECTOR GENERAL MAY NOT BE EMPLOYED WITH THE GAMING
COMMISSION DURING THEIR EMPLOYMENT WITH THE OFFICE OR WITHIN TWO YEARS
AFTER TERMINATING EMPLOYMENT WITH THE OFFICE.
§ 3-a. Subdivision 1 of section 131 of the racing, pari-mutuel wager-
ing and breeding law, such section as renumbered by section one of this
act, is renumbered subdivision 1-a.
§ 4. The section heading, opening paragraph and subdivisions 6 and 7
of section 131 of the racing, pari-mutuel wagering and breeding law, as
added by chapter 174 of the laws of 2013 and such section as renumbered
by section one of this act, are amended and two new subdivisions 1 and 8
are added to read as follows:
[State gaming] GAMING inspector general; functions and duties. The
[state] gaming inspector general shall have the following duties and
responsibilities:
1. APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND
EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF THEIR DUTIES AND MAY
PRESCRIBE THEIR POWERS AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS
AVAILABLE THEREFOR;
6. recommend remedial action to prevent or eliminate corruption,
fraud, criminal activity, conflicts of interest or abuse in the commis-
sion; [and]
7. establish programs for training commission officers and employees
[regarding] IN REGARD TO the prevention and elimination of corruption,
fraud, criminal activity, conflicts of interest or abuse in the commis-
sion[.]; AND
8. MAKE AN ANNUAL REPORT TO THE GOVERNOR, THE COMPTROLLER AND THE
LEGISLATURE CONCERNING ITS WORK DURING THE PRECEDING YEAR, AND TO MAKE
SUCH FURTHER INTERIM REPORTS TO THE GOVERNOR, THE COMPTROLLER OR THE
LEGISLATURE AS THEY SHALL DEEM ADVISABLE OR REQUIRE.
§ 5. The opening paragraph of section 132 of the racing, pari-mutuel
wagering and breeding law, as added by chapter 174 of the laws of 2013
and such section as renumbered by section one of this act, is amended to
read as follows:
The [state] gaming inspector general shall have the power to:
§ 6. Section 133 of the racing, pari-mutuel wagering and breeding law,
as added by chapter 174 of the laws of 2013 and as renumbered by section
one of this act, is amended to read as follows:
§ 133. Responsibilities of the commission and its officers and employ-
ees. 1. Every commission officer or employee shall report promptly to
the [state] gaming inspector general any information concerning
corruption, fraud, criminal activity, conflicts of interest or abuse by
another state officer or employee relating to his or her office or
employment, or by a person having business dealings with the commission
relating to those dealings. The knowing failure of any officer or
employee to so report shall be cause for removal from office or employ-
ment or other appropriate penalty under this article. Any officer or
employee who acts pursuant to this subdivision by reporting to the
[state] gaming inspector general or other appropriate law enforcement
official improper governmental action as defined in section seventy-
five-b of the civil service law shall not be subject to dismissal,
discipline or other adverse personnel action.
2. The commission chair shall advise the governor within ninety days
of the issuance of a report by the [state] gaming inspector general as
to the remedial action that the commission has taken in response to any
recommendation for such action contained in such report.
§ 7. This act shall take effect April 1, 2020.