S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2281
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 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 breeding law is REPEALED.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.
                                                            LBD00628-01-1
              

 A. 2281                             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, 2022.