S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7704
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2025
                                ___________
 
 Introduced by Sen. OBERACKER -- 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  providing  exceptions  to  the three-year prohibition of
   employment with the commission

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 107 of the racing, pari-mutuel
 wagering and breeding law, as amended by section 1 of part BB of chapter
 59 of the laws of 2019, is amended to read as follows:
   1. [No] (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,
 NO person shall be appointed to or employed by the commission if, during
 the  period  commencing  three years prior to appointment or employment,
 such person held any direct or indirect interest in, or  employment  by,
 any corporation, association or person engaged in gaming activity within
 the state.
   (B)  (I)  THE  PROHIBITIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 NOT APPLY TO CURRENT OR FORMER EMPLOYEES OF ANY CORPORATION  OR  ASSOCI-
 ATION ENGAGED IN GAMING ACTIVITY WITHIN THE STATE IF, DURING EMPLOYMENT,
 SUCH  EMPLOYEE  HELD NO STAKE IN GAMING OUTCOMES AS A BENEFIT OF EMPLOY-
 MENT; EMPLOYEE OR FORMER EMPLOYEE IS OR WAS  NOT  A  SHAREHOLDER,  BOARD
 MEMBER,  OR  MEMBER OF UPPER-MANAGEMENT OF ANY SUCH CORPORATION, ASSOCI-
 ATION, OR OTHER GAMING ENTITY; AND SUCH EMPLOYEE'S ROLE IS OR WAS MERELY
 INCIDENTAL TO THE FUNCTION OF THE BUSINESS, INCLUDING, BUT NOT NECESSAR-
 ILY LIMITED TO:
   (A)  DISINTERESTED  ROLES  IN  GAMING  FUNCTIONS,  SUCH  AS  STARTERS,
 PROVIDED  SUCH  EMPLOYEE MEETS ALL OTHER CRITERIA PROVIDED IN THIS PARA-
 GRAPH; AND
   (B) ANY OTHER POSITION DEEMED ACCEPTABLE BY  THE  COMMISSION'S  HIRING
 COMMITTEE BY POLICY OR INDIVIDUAL EMPLOYMENT APPLICATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09882-01-5
              

 S. 7704                             2
 
   (II)  SUCH  CURRENT  OR  FORMER  EMPLOYEE, IF HIRED BY THE COMMISSION,
 SHALL TERMINATE EMPLOYMENT WITH SUCH CORPORATION OR ASSOCIATION PRIOR TO
 COMMENCING EMPLOYMENT AT THE COMMISSION.
   (C)  Prior  to  appointment  or  employment,  each  member, officer or
 employee of the commission shall swear or affirm that [he or  she]  SUCH
 MEMBER,  OFFICER OR EMPLOYEE possesses no interest in any corporation or
 association holding a franchise, license, registration,  certificate  or
 permit issued by the commission. Thereafter, no member or officer of the
 commission  shall  hold  any  direct  interest  in or be employed by any
 applicant for or by any corporation, association  or  person  holding  a
 license,  registration,  franchise,  certificate or permit issued by the
 commission for a period of four years commencing on  the  date  [his  or
 her]  SUCH  MEMBER, OFFICER OR EMPLOYEE'S membership with the commission
 terminates.
   (D) Further, no employee of the commission may acquire any  direct  or
 indirect  interest  in,  or accept employment with, any applicant for or
 any person holding a license, registration,  franchise,  certificate  or
 permit  issued by the commission for a period of two years commencing at
 the termination of employment with the commission.
   (E) The commission may, by resolution adopted by unanimous vote  at  a
 properly noticed public meeting, waive for good cause the pre-employment
 restrictions  enumerated  in this subdivision for a prospective employee
 whose duties and responsibilities are primarily  on  racetrack  grounds.
 Such  adopted resolution shall state the reasons for waiving the pre-em-
 ployment conditions for the prospective employee,  including  a  finding
 that  there  were no other qualified candidates with the desired experi-
 ence for the specified position.
   § 2. This act shall take effect immediately.