Senate Bill S7058

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7058
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09859-02-3
 S. 7058                             2
              

 
   [(a)] (I) own or hold, directly or indirectly, any proprietary  inter-
 est,  stock  or obligation of any firm, association or corporation [(i)]
 (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.