Legislation

* § 502-a. Special provisions with regard to the western regional
off-track betting corporation. 1. Notwithstanding any inconsistent
provision of this article, on the effective date of this section the
appointments of all members of the western regional off-track betting
corporation appointed prior to the effective date of this section are
deemed terminated, and each such vacant board position shall be replaced
with the new appointments made pursuant to this section.

2. The western regional off-track betting corporation board of
directors shall be composed of seventeen members, one each to represent
each participating county within the western off-track betting region,
and one each to represent the city of Rochester and the city of Buffalo.
Each city representative shall be appointed by the mayor of the city
such member represents, and each county representative shall be
appointed by the county executive of the county such member represents;
provided however, in the case of a county that does not have a county
executive, such county's board of supervisors shall appoint such
county's representative.

3. No action shall be taken by the corporation except pursuant to the
favorable vote of fifty-one percent of the total authorized voting
strength of the board of directors. The total authorized voting strength
of the board of directors shall be the sum total of the votes specified
in subdivisions four and seven of this section.

4. The representatives of each of the participating counties and
cities shall each have the following number of votes: the representative
of the county of Niagara shall have eight votes, the representative of
the county of Chautauqua shall have five votes, the representative of
the county of Oswego shall have four votes, the representative of the
county of Steuben shall have three votes, the representative of the
county of Wayne shall have three votes, the representative of the county
of Cattaraugus shall have three votes, the representative of the county
of Cayuga shall have three votes, the representative of the county of
Livingston shall have two votes, the representative of the county of
Genesee shall have two votes, the representative of the county of
Wyoming shall have one vote, the representative of the county of Orleans
shall have one vote, the representative of the county of Seneca shall
have one vote, the representative of the county of Schuyler shall have
one vote, the representative of the county of Erie shall have
twenty-four votes, the representative of the county of Monroe shall have
twenty votes, the representative of the city of Buffalo shall have ten
votes, and the representative of the city of Rochester shall have eight
votes.

5. Each member of the corporation appointed pursuant to this section
shall be appointed for a term of four years; provided however, that a
member's term shall not be terminated except for good cause shown.

6. a. No person who has served as a board member or officer of the
corporation shall within a period of five years after such person's
termination of such service, regardless of the reason for termination,
(i) be appointed, reappointed or qualified as a member of the
corporation; (ii) appear or practice before such corporation or receive
compensation for any services rendered by such former board member or
officer on behalf of any person, firm, corporation or association in
relation to any case, proceeding or application or other matter before
such corporation; or (iii) receive compensation for any services on
behalf of any person, firm, corporation or association to appear,
practice or directly communicate with the board of directors to promote
or oppose, directly or indirectly, the passage of resolutions by such
board of directors. No person who has served as a board member or
officer of the corporation shall after the termination of such service
appear, practice, communicate or otherwise render services before such
corporation, or the board of directors thereof, or receive compensation
for any such services rendered by such person on behalf of any person,
firm, corporation or other entity in relation to any case, proceeding,
application or transaction with respect to which such person was
directly concerned and in which such person personally participated
during the period of such service, or which was under their active
consideration.

b. No person who is appointed to be a member of the board of directors
may attend or participate in any board meetings, including executive
sessions, until that person's application for a license has been
approved by the commission.

7. Members representing a majority of the total voting strength of the
board of directors then in office shall constitute a quorum for the
transaction of any business or the exercise of any power of the
corporation. Except as otherwise specified in this section, for the
transaction of any business or the exercise of any power of the
corporation, the corporation shall have the power to act by a majority
vote of the total voting strength present at any meeting at which a
quorum is in attendance.

8. The members of the board of directors shall elect from their
membership, by a majority vote of the total voting strength of the board
of directors, a chairperson. Such chairperson shall serve as chairperson
for the duration of their term on the board of directors, or until such
chairperson's resignation or upon removal by a majority vote of the
total voting strength of the board of directors. In addition to such
chairperson's voting strength possessed by virtue of such chairperson's
representation of a municipality which is a member of the board, such
chairperson shall also have one additional vote.

* NB Repealed May 3, 2037