S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6232
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- 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 conflicts of interest of certain public employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 101  of  the  racing,  pari-mutuel
 wagering and breeding law, as added by section 1 of part A of chapter 60
 of  the  laws  of  2012, is amended and two new subdivisions 7 and 8 are
 added to read as follows:
   1. "Public officer" shall mean every elected state and  local  officer
 and  every  other  state and local officer, as defined in section two of
 the public officers law, whose duties relate to THE CONDUCT OF  pari-mu-
 tuel  racing  activities  or  the  taxation  thereof, who is required to
 devote all or substantially all of his or her time to the duties of  his
 or  her  office for which he or she receives compensation or if employed
 on a part-time or other basis receives compensation in excess of  twelve
 thousand  dollars  per  annum, a member or officer of the state legisla-
 ture, a member, director or officer of the state gaming  commission,  or
 any  regional  off-track  betting  corporation,  or  a member of a local
 legislative body.
   7. "CONDUCT" SHALL MEAN TO DIRECT OR TAKE PART  IN  THE  OPERATION  OR
 MANAGEMENT OF.
   8.  "PARTICIPANT" SHALL MEAN A HORSE OWNER, TRAINER, DRIVER, JOCKEY OR
 GROOM.
   § 2. Subdivisions 7 and 8 of section 107 of  the  racing,  pari-mutuel
 wagering and breeding law, as added by section 1 of part A of chapter 60
 of the laws of 2012, are amended to read as follows:
   7. (A) No public officer, public employee or party officer shall:
   [(a)]  (I) own or hold, directly or indirectly, any proprietary inter-
 est, stock or obligation of any firm, association or  corporation  [(i)]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09859-02-3
              

 A. 6232                             2
 
 (1)  which is licensed by the commission to conduct video lottery gaming
 or horse racing activities, or [(ii)] (2) which conducts its occupation,
 trade, or business at a racetrack at which pari-mutuel  race  meets  are
 conducted  or  facility where video lottery gaming activity is conducted
 whether or not a license is required, or [(iii)] (3) which owns or leas-
 es to any enfranchised or licensed association or  corporation  a  race-
 track  at  which pari-mutuel racing is conducted or facility where video
 lottery gaming activity is conducted, or [(iv)] (4)  which  participates
 in  the  management of any franchise holder or licensee conducting video
 lottery gaming or horse racing activities; or
   [(b)] (II) hold any office or employment with any firm, association or
 corporation specified in [paragraph (a) of  this  subdivision]  SUBPARA-
 GRAPH  (I) OF THIS PARAGRAPH, except as provided in subdivision eight of
 this section; or
   [(c)] (III) sell, or be a member of a firm, or own ten per  centum  or
 more  of the stock of any corporation, which sells any goods or services
 to any firm, association or corporation specified in [paragraph  (a)  of
 this  subdivision]  SUBPARAGRAPH  (I) OF THIS PARAGRAPH. For purposes of
 this subdivision, a direct or indirect interest  shall  not  include  an
 interest  in  a  mutual  fund  or any other diversified investments over
 which the recipient does not know the identity of the primary source  of
 income.
   (B)  NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SUBDIVISION
 SHALL NOT APPLY TO THE LICENSING OF A PARTICIPANT IN HORSE RACING ACTIV-
 ITIES, PROVIDED SUCH PARTICIPANT IS NOT  OTHERWISE  PROHIBITED  BY  THIS
 SUBDIVISION.
   8.  The  provisions  of [paragraph (b)] SUBPARAGRAPH (II) OF PARAGRAPH
 (A) of subdivision seven of this section shall not  apply  to  a  public
 employee other than an employee of the commission, a police officer or a
 peace officer employed by a sheriff's office, district attorney's office
 or other state or local law enforcement agency, or those employees clas-
 sified  as  management  confidential  employees  pursuant to section two
 hundred fourteen of the civil service law who are employed by a state or
 local law enforcement agency or regional off-track betting  corporation;
 provided,  however, that employment of employees of a political subdivi-
 sion may be prohibited by ordinance, resolution or local law adopted  by
 the  local  legislative  body or other governing board of such political
 subdivision. NOTWITHSTANDING  THE  FOREGOING,  THE  PROVISIONS  OF  THIS
 SUBDIVISION  SHALL NOT APPLY TO THE LICENSING OF ANY PUBLIC EMPLOYEE WHO
 IS A PARTICIPANT IN HORSE RACING ACTIVITIES, PROVIDED  SUCH  PARTICIPANT
 IS NOT OTHERWISE PROHIBITED BY THIS SUBDIVISION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 become a law.