S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6232--A
 
                        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 -- recommitted to the Committee  on  Racing
   and  Wagering  in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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.  Subdivisions 6, 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:
   6. (A) The following public employees are prohibited from holding  any
 license from the commission:
   [(a)] (I) an employee of the commission; any director or employee of a
 regional  off-track betting corporation employed in a management, confi-
 dential or supervisory capacity for  purposes  of  their  position  with
 off-track betting; or
   [(b)]  (II)  an  employee of the state legislature; provided, however,
 that an employee of the state legislature whose duties in such  position
 do  not relate to gaming activities shall not be subject to the prohibi-
 tions of this section if he or she held a license from the former  state
 racing  and wagering board while employed by the state legislature prior
 to July first, nineteen hundred eighty; or
   [(c)] (III) an employee of any local  legislative  body  whose  duties
 involve gaming activities; or
   [(d)]  (IV) an employee of any state or local board, agency, authority
 or other state or local governmental body, the duties of which relate to
 gaming activities or the taxation thereof.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  FOR
 THE  PURPOSE  OF  THIS  SECTION THE TERM "GAMING ACTIVITY" SHALL MEAN TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09859-03-4
              

 A. 6232--A                          2
 
 DIRECT OR TAKE PART IN THE OPERATION OR MANAGEMENT OF ANY FORM OF LEGAL-
 IZED GAMING, INCLUDING, BUT NOT LIMITED TO, CLASS III GAMING  UNDER  THE
 INDIAN  GAMING  REGULATORY  ACT,  25  U.S.C. § 2701 ET SEQ., PARI-MUTUEL
 WAGERING,  BOTH  ON-TRACK  AND  OFF-TRACK, BINGO AND CHARITABLE GAMES OF
 CHANCE AND THE STATE LOTTERY FOR EDUCATION.
   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)]
 (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) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE  LICENS-
 ING  OF  A  PARTICIPANT IN HORSE RACING ACTIVITIES.  FOR THE PURPOSES OF
 THIS SUBDIVISION, THE TERM  "PARTICIPANT"  SHALL  MEAN  A  HORSE  OWNER,
 TRAINER, DRIVER, JOCKEY OR GROOM.
   8.  (A)  The  provisions of [paragraph (b)] SUBPARAGRAPH (II) OF PARA-
 GRAPH (A) of subdivision seven of this section  shall  not  apply  to  a
 public employee other than an employee of the commission, a police offi-
 cer  or  a peace officer employed by a sheriff's office, district attor-
 ney's office or other state or local law enforcement  agency,  or  those
 employees  classified  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 poli-
 tical subdivision may be prohibited by ordinance,  resolution  or  local
 law  adopted  by  the local legislative body or other governing board of
 such political subdivision.
   (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE  LICENS-
 ING  OF  A  PARTICIPANT  IN HORSE RACING ACTIVITIES. FOR THE PURPOSES OF
 THIS SUBDIVISION, THE TERM  "PARTICIPANT"  SHALL  MEAN  A  HORSE  OWNER,
 TRAINER, DRIVER, JOCKEY OR GROOM.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.