S T A T E   O F   N E W   Y O R K
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                                  10429

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced by M. of A. WOERNER, PRETLOW -- read once and referred to the
  Committee on Racing and Wagering

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to the New York racing association,  and  to  repeal  certain
  provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 207  of  the  racing,  pari-mutuel
wagering  and  breeding law is REPEALED and a new subdivision 1 is added
to read as follows:
  1. A. THE BOARD OF DIRECTORS, TO BE CALLED THE NEW YORK RACING ASSOCI-
ATION BOARD, SHALL CONSIST OF FIFTEEN MEMBERS, EIGHT OF  WHOM  SHALL  BE
ELECTED  BY  THE  EXECUTIVE COMMITTEE OF THE NEW YORK RACING ASSOCIATION
REORGANIZATION BOARD OF WHICH AT LEAST ONE SHALL BE A FULL TIME RESIDENT
OF EACH OF NASSAU, QUEENS AND SARATOGA COUNTIES, ONE SHALL BE THE  CHIEF
EXECUTIVE  OFFICER  OF  THE  NEW  YORK  RACING ASSOCIATION, TWO SHALL BE
APPOINTED BY THE GOVERNOR, ONE SHALL BE APPOINTED BY THE TEMPORARY PRES-
IDENT OF THE SENATE, ONE SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY, ONE SHALL BE APPOINTED BY THE NEW  YORK THOROUGHBRED BREEDERS  INC.
PROVIDED  THAT A CURRENT BOARD MEMBER OF THE NEW YORK RACING ASSOCIATION
SHALL SERVE ON THE BOARD OF  DIRECTORS  OF  THE  NEW  YORK  THOROUGHBRED
BREEDERS  INC.,  AND ONE SHALL BE APPOINTED BY THE NEW YORK THOROUGHBRED
HORSEMEN'S ASSOCIATION  (OR  SUCH  OTHER  ENTITY  AS  IS  CERTIFIED  AND
APPROVED  PURSUANT  TO SECTION TWO HUNDRED TWENTY-EIGHT OF THIS ARTICLE)
PROVIDED THAT A CURRENT BOARD MEMBER OF THE NEW YORK RACING  ASSOCIATION
SHALL  SERVE  ON  THE  BOARD  OF  DIRECTORS OF THE NEW YORK THOROUGHBRED
HORSEMEN'S ASSOCIATION  (OR  SUCH  OTHER  ENTITY  AS  IS  CERTIFIED  AND
APPROVED PURSUANT TO SECTION TWO HUNDRED TWENTY-EIGHT OF THIS ARTICLE).
  (I)  THE GOVERNOR SHALL NOMINATE A MEMBER TO SERVE AS THE FIRST CHAIR,
SUBJECT TO CONFIRMATION BY MAJORITY VOTE OF THE BOARD OF DIRECTORS.  ALL
MEMBERS SHALL HAVE EQUAL VOTING RIGHTS.
  (II)  IN THE EVENT OF A MEMBER VACANCY OCCURRING BY DEATH, RESIGNATION
OR OTHERWISE,  THE  RESPECTIVE  APPOINTING  OFFICER  OR  OFFICERS  SHALL
APPOINT  A  SUCCESSOR WHO SHALL HOLD OFFICE FOR THE UNEXPIRED PORTION OF

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

                                                           LBD15679-01-6

A. 10429                            2

THE TERM. A VACANCY FROM THE MEMBERS APPOINTED FROM THE PRESENT BOARD OF
THE NEW YORK RACING ASSOCIATION REORGANIZATION BOARD, SHALL BE FILLED BY
THE REMAINING SUCH MEMBERS.
  (III) EACH BOARD MEMBER, OTHER THAN THE CHIEF EXECUTIVE OFFICER OF THE
NEW YORK RACING ASSOCIATION, SHALL SERVE A TERM OF THREE YEARS. HOWEVER,
THE  FIRST TERMS OF FIVE OF THE MEMBERS ELECTED BY THE EXECUTIVE COMMIT-
TEE OF THE NEW YORK RACING ASSOCIATION REORGANIZATION BOARD SHALL EXPIRE
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN; THE FIRST  TERMS  OF  THE
REMAINING  THREE  MEMBERS  ELECTED BY THE EXECUTIVE COMMITTEE OF THE NEW
YORK RACING ASSOCIATION REORGANIZATION BOARD, THE  MEMBER  APPOINTED  BY
THE NEW YORK THOROUGHBRED BREEDERS INC., AND THE MEMBER APPOINTED BY THE
NEW YORK THOROUGHBRED HORSEMEN'S ASSOCIATION SHALL EXPIRE DECEMBER THIR-
TY-FIRST,  TWO  THOUSAND  EIGHTEEN;  AND  THE FIRST TERMS OF THE MEMBERS
APPOINTED BY THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER
OF THE ASSEMBLY SHALL EXPIRE DECEMBER THIRTY-FIRST, TWO  THOUSAND  NINE-
TEEN.
  B. THE FRANCHISED CORPORATION SHALL ESTABLISH A COMPENSATION COMMITTEE
TO FIX SALARY GUIDELINES, SUCH GUIDELINES TO BE CONSISTENT WITH AN OPER-
ATION  OF OTHER FIRST CLASS THOROUGHBRED RACING OPERATIONS IN THE UNITED
STATES; AN EQUINE SAFETY COMMITTEE, TO REVIEW INDUSTRY BEST PRACTICES TO
IMPROVE THE SAFETY OF HORSES RACING AT EACH OF THE THREE  RACETRACKS;  A
FINANCE  COMMITTEE,  TO  REVIEW ANNUAL OPERATING AND CAPITAL BUDGETS FOR
EACH OF THE THREE RACETRACKS; A NOMINATING COMMITTEE,  TO  NOMINATE  ANY
NEW  DIRECTORS TO BE DESIGNATED BY THE FRANCHISED CORPORATION TO REPLACE
ITS EXISTING DIRECTORS; A RACING  COMMITTEE,  TO  REVIEW  INDUSTRY  BEST
PRACTICES  TO IMPROVE THE QUALITY OF RACING AT THE THREE RACETRACKS; AND
AN EXECUTIVE COMMITTEE. EACH OF THE  COMPENSATION,  FINANCE,  NOMINATING
AND  EXECUTIVE  COMMITTEES  SHALL  INCLUDE AT LEAST ONE OF THE DIRECTORS
APPOINTED BY THE GOVERNOR, AND THE EXECUTIVE COMMITTEE SHALL INCLUDE THE
DIRECTOR APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  THE
DIRECTOR APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  C.  UPON  THE  EFFECTIVE  DATE OF THIS PARAGRAPH, THE STRUCTURE OF THE
BOARD OF THE FRANCHISED CORPORATION SHALL BE DEEMED TO  BE  INCORPORATED
WITHIN  AND  MADE  PART OF THE CERTIFICATE OF INCORPORATION OF THE FRAN-
CHISED CORPORATION, AND NO AMENDMENT TO  SUCH  CERTIFICATE  OF  INCORPO-
RATION  SHALL BE NECESSARY TO GIVE EFFECT TO ANY SUCH PROVISION, AND ANY
PROVISION CONTAINED WITHIN SUCH CERTIFICATE INCONSISTENT IN  ANY  MANNER
SHALL BE SUPERSEDED BY THE PROVISIONS OF THIS SECTION. SUCH BOARD SHALL,
HOWEVER,  MAKE APPROPRIATE CONFORMING CHANGES TO ALL GOVERNING DOCUMENTS
OF THE FRANCHISED CORPORATION INCLUDING BUT  NOT  LIMITED  TO  CORPORATE
BY-LAWS. FOLLOWING SUCH CONFORMING CHANGES, AMENDMENTS TO THE BY-LAWS OF
THE  FRANCHISED  CORPORATION SHALL ONLY BE MADE BY UNANIMOUS VOTE OF THE
BOARD.
  S 2. This act shall take effect October 18, 2016.