S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3250
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 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] SUCH EMPLOYEE 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07329-01-5
              

 A. 3250                             2
 
 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.