Prohibits regional off-track betting corporations from providing items of value exceeding fifteen dollars to any board member, officer, or employee of the corporation, any contractor, subcontractor, consultant, or other agent of the corporation, or any spouse, child, sibling or parent of such persons; adds reporting requirements for regional off-track betting corporations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8789
SPONSOR: Peoples-Stokes TITLE OF BILL:
An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to prohibiting regional off-track betting corporations from
providing items of value exceeding fifteen dollars to certain associates
of the corporation
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit an OTB board member, officer, employee,
contractor, subcontractor, consultant, or other agent of the corpo-
ration, or any spouse, child, sibling or parent residing in the princi-
pal place of abode of any of the foregoing persons, or any business,
professional, or personal associates of any of the foregoing persons,
from receiving any event tickets, beverages, food, or other thing of
value that exceeds a value of fifteen dollars, except as otherwise
explicitly provided in the law.
SUMMARY OF PROVISIONS:
Section one adds a new section 503-b to racing, pari-mutuel, wagering
and breeding law related to promotional spending restrictions for corpo-
ration associates.
Section two amends Section 517 of the racing, pari-mutuel wagering and
breeding law to require an annual report to be submitted to the tempo-
rary president of the senate and the speaker of the assembly and require
the annual report to include details of its marketing and promotional
plans, the structure of such plans, any spending pursuant to such plans,
and how such plans have or are anticipated to benefit the operations and
financial position of the corporation, as well as any measures taken to
prohibit self-dealing in conflict.
Section 3 provides the effective Date
JUSTIFICATION:
On September 23, 2021, the New York State Comptroller released an audit
that uncovered the Western New York Off-Track Betting Corporation spent
at least $121,000 on tickets to sporting events, concerts, food and
alcohol for board members, employees and other individuals. The audit
also found that OTB officials did not keep accurate records of who
received tickets and concessions, which were valued, on average, at
$221. Additionally, auditors identified specific instances when board
members received tickets, but no business purpose was identified by OTB
officials.
The State Comptroller's Auditors recommended that the OTB:
*Develop and adopt a written policy and procedures for the distribution
of tickets and who is eligible to get them.
*Seek reimbursement for tickets and food and beverages if not appropri-
ately given.
*Define in the marketing plan what groups or categories of complimentary
items, including tickets, will be given out as required by state regu-
lations. Develop a system to maintain a complete, detailed, and accurate
record of tickets distributed.
This legislation conforms gift rules governing OTB associates to be
consistent with the Public Officers Law, Legislative Law, and Executive
Law, where state employees may not receive a gift of any kind valued at
an amount greater than $15.
PRIOR LEGISLATIVE HISTORY:
A.9393/S.7856 of 2022
A.4189/S.5549 of 2023/2024
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8789
2025-2026 Regular Sessions
IN ASSEMBLY
June 5, 2025
___________
Introduced by M. of A. PEOPLES-STOKES -- 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 prohibiting regional off-track betting corporations from
providing items of value exceeding fifteen dollars to certain associ-
ates of the corporation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The racing, pari-mutuel wagering and breeding law is
2 amended by adding a new section 503-b to read as follows:
3 § 503-b. Promotional spending restricted from corporation associates.
4 No regional off-track betting corporation or any subsidiary wholly or
5 partially controlled by such regional off-track betting corporation,
6 including but not limited to video lottery terminal facilities, shall
7 make available to any board member, officer, or employee of the corpo-
8 ration, any contractor, subcontractor, consultant, or other agent of the
9 corporation, or any spouse, child, sibling or parent residing in the
10 principal place of abode of any of the foregoing persons, or any busi-
11 ness, professional, or personal associates of any of the foregoing
12 persons, any event tickets, beverages, food, or other thing of value
13 that exceeds a value of fifteen dollars, except as otherwise explicitly
14 provided in this chapter. This limitation shall apply, but not be limit-
15 ed to, the marketing plan and promotional activities of the corporation.
16 All promotional and marketing activities of the corporation shall be
17 subject to approval and oversight by the gaming commission, which shall
18 ensure that such marketing plan and activities of the corporation
19 prohibit self-dealing.
20 § 2. Section 517 of the racing, pari-mutuel wagering and breeding law,
21 as amended by chapter 243 of the laws of 2020, is amended to read as
22 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01752-01-5
A. 8789 2
1 § 517. Annual reports. In addition to the reports required by article
2 five-a of this chapter, within one hundred twenty days after the end of
3 the fiscal year of the corporation, the directors thereof shall submit
4 to the participating counties, the commission, the temporary president
5 of the senate, the speaker of the assembly, and the state comptroller a
6 complete and detailed audited report setting forth:
7 1. its operations and accomplishments during such fiscal year;
8 2. its receipts and expenditures during such fiscal year in accordance
9 with categories or classifications established by the corporation for
10 its own operating and capital outlay purposes;
11 3. its assets and liabilities at the end of such fiscal year including
12 a schedule of its bonds, notes or other obligations and the status of
13 reserves, depreciations, special, sinking or other funds;
14 4. details of branch offices being planned or in the process of being
15 constructed or otherwise established and branch offices that have been
16 constructed or established;
17 5. details of its marketing and promotional plans, the structure of
18 such plans, any spending pursuant to such plans, and how such plans have
19 or are anticipated to benefit the operations and financial position of
20 the corporation, as well as any measures taken to prohibit self-dealing
21 in conflict of section five hundred three-b of this article; and
22 [5] 6. such other information relating to the operations of the corpo-
23 ration as shall be deemed pertinent by the directors, the participating
24 counties, the commission, and the state comptroller.
25 § 3. This act shall take effect on the sixtieth day after it shall
26 have become a law.
