Provides exceptions to the three-year prohibition of employment with the New York state gaming commission; excludes starters from the three-year prohibition; allows the commission to provide exceptions during the hiring process.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7338A
SPONSOR: Kay TITLE OF BILL:
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
PURPOSE:
The purpose of this bill is to provide exceptions to the three year
prohibition of employment with the New York state gaming commission.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 107 of the racing, pari-mutuel
wagering and breeding law to provide an exception to the three year
prohibition of employment with the New York state gaming commission to
current or former employees of any corporation or association that
engages in gaming activity if such employee held no stake in gaming
outcomes as a benefit of employment, was not a shareholder, board
member, or member of upper management of such corporation, association,
or other gaming entity, and had a role that was merely incidental to the
function of the business.
Section 2 establishes the effective date.
JUSTIFICATION:
With fewer people working in the horse racing industry, it is essential
to create opportunities for experienced professionals to remain in the
field they love. While ensuring there are no conflicts within New York
State's gambling infrastructure is important, barring non-stakeholding
employees from working for the NYS Gaming Commission for three years is
outdated and unnecessary. Someone with years of experience operating a
starting gate, who has no stake in race outcomes, should be encouraged
to join the commission, not barred from it.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7338--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. KAY -- read once and referred to the Committee on
Racing and Wagering -- 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 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:
1 Section 1. Subdivision 1 of section 107 of the racing, pari-mutuel
2 wagering and breeding law, as amended by section 1 of part BB of chapter
3 59 of the laws of 2019, is amended to read as follows:
4 1. [No] (a) Except as provided in paragraph (b) of this subdivision,
5 no person shall be appointed to or employed by the commission if, during
6 the period commencing three years prior to appointment or employment,
7 such person held any direct or indirect interest in, or employment by,
8 any corporation, association or person engaged in gaming activity within
9 the state.
10 (b) (i) The restrictions of paragraph (a) of this subdivision shall
11 not apply to current or former employees of any corporation or associ-
12 ation engaged in gaming activity within the state if, during employment,
13 such employee held no stake in gaming outcomes as a benefit of employ-
14 ment; was not a shareholder, board member, or member of upper-management
15 of any such corporation, association, or other gaming entity; and such
16 employee's role was merely incidental to the function of the business,
17 including, but not limited to disinterested roles in gaming functions,
18 such as starters, provided such employee meets all other criteria
19 provided in this paragraph.
20 (ii) Such current or former employee, if hired by the commission,
21 shall terminate employment with such corporation or association prior to
22 commencing employment at the commission.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09882-02-5
A. 7338--A 2
1 (c) Prior to appointment or employment, each member, officer or
2 employee of the commission shall swear or affirm that [he or she] such
3 member, officer or employee possesses no interest in any corporation or
4 association holding a franchise, license, registration, certificate or
5 permit issued by the commission. Thereafter, no member or officer of the
6 commission shall hold any direct interest in or be employed by any
7 applicant for or by any corporation, association or person holding a
8 license, registration, franchise, certificate or permit issued by the
9 commission for a period of four years commencing on the date [his or
10 her] such member, officer or employee's membership with the commission
11 terminates.
12 (d) Further, no employee of the commission may acquire any direct or
13 indirect interest in, or accept employment with, any applicant for or
14 any person holding a license, registration, franchise, certificate or
15 permit issued by the commission for a period of two years commencing at
16 the termination of employment with the commission.
17 (e) The commission may, by resolution adopted by unanimous vote at a
18 properly noticed public meeting, waive for good cause the pre-employment
19 restrictions enumerated in this subdivision for a prospective employee
20 whose duties and responsibilities are primarily on racetrack grounds.
21 Such adopted resolution shall state the reasons for waiving the pre-em-
22 ployment conditions for the prospective employee, including a finding
23 that there were no other qualified candidates with the desired experi-
24 ence for the specified position.
25 § 2. This act shall take effect immediately.
