§ 109-a. Separate board for facility siting. The commission shall
establish a separate board to be known as the New York gaming facility
location board to perform designated functions under article thirteen of
this chapter, the following provisions shall apply to the board:

1. The commission shall select five members and name the chair of the
board. Each member of the board shall be a resident of the state of New
York. No member of the legislature or person holding any elective or
appointive office in federal, state or local government shall be
eligible to serve as a member of the board.

2. A majority of members of the board shall be appointed within one
hundred eighty days of the date that title two-A of this article shall
become law.

3. Qualifications of members. Members of the board shall each possess
no less than ten years of responsible experience in fiscal matters and
shall have any one or more of the following qualifications:

(a) significant service as an accountant economist, or financial
analyst experienced in finance or economics;

(b) significant service in an academic field relating to finance or
economics;

(c) significant service and knowledge of the commercial real estate
industry; or

(d) significant service as an executive with fiduciary
responsibilities in charge of a large organization or foundation.

4. No member of the board:

(a) may have a close familial or business relationship to a person
that holds a license under this chapter;

(b) may have any direct or indirect financial interest, ownership, or
management, including holding any stocks, bonds, or other similar
financial interests in any gaming activities, including horse racing,
lottery or gambling;

(c) may receive or share in, directly or indirectly, the receipts or
proceeds of any gaming activities, including horse racing, lottery or
gambling;

(d) may have a beneficial interest in any contract for the manufacture
or sale of gaming devices, the conduct of any gaming activity, or the
provision of any independent consulting services in connection with any
establishment licensed under this chapter.

5. Board members are entitled to actual and necessary expenses
incurred in the discharge of their duties but may not receive
compensation for their service on the board.

6. (a) The commission shall provide staff to the board.

(b) The board may contract with a consultant to assist in the analysis
of applications submitted for gaming facility licenses.

(c) The board may contract with attorneys, accountants, auditors and
financial and other experts to render necessary services.

(d) All other state agencies shall cooperate with and assist the board
in the fulfillment of its duties under this article and may render such
services to the board within their respective functions as the board may
reasonably request.

7. Utilizing the powers and duties prescribed for it by article
thirteen of this chapter, the board shall select, through a competitive
process consistent with provisions of article thirteen of this chapter,
not more than seven gaming facility license applicants. Such selectees
shall be authorized to receive a gaming facility license, if found
suitable by the commission. The board may select another applicant for
authorization to be licensed as a gaming facility if a previous selectee
fails to meet licensing thresholds, is revoked or surrenders a license
opportunity.