S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7338
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. KAY -- 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 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
 A. 7338                             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.