A10429 Summary:

BILL NOA10429
 
SAME ASSAME AS S07918-A
 
SPONSORWoerner
 
COSPNSRPretlow, Otis, Garbarino, Stec
 
MLTSPNSR
 
Rpld & add 207 sub 1, RWB L
 
Relates to membership of the board of directors of the New York racing association.
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A10429 Actions:

BILL NOA10429
 
05/27/2016referred to racing and wagering
06/02/2016reported referred to rules
06/14/2016reported
06/14/2016rules report cal.322
06/14/2016ordered to third reading rules cal.322
06/15/2016substituted by s7918a
 S07918 AMEND=A BONACIC
 05/25/2016REFERRED TO RACING, GAMING AND WAGERING
 05/26/2016AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
 05/26/2016PRINT NUMBER 7918A
 06/01/20161ST REPORT CAL.1314
 06/02/20162ND REPORT CAL.
 06/06/2016ADVANCED TO THIRD READING
 06/15/2016PASSED SENATE
 06/15/2016DELIVERED TO ASSEMBLY
 06/15/2016referred to racing and wagering
 06/15/2016substituted for a10429
 06/15/2016ordered to third reading rules cal.322
 06/15/2016passed assembly
 06/15/2016returned to senate
 12/22/2016DELIVERED TO GOVERNOR
 02/01/2017POCKET VETO - VETO.307
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A10429 Committee Votes:

RACING AND WAGERING Chair:Pretlow DATE:06/02/2016AYE/NAY:9/1 Action: Favorable refer to committee Rules
PretlowAyeGarbarinoExcused
MarkeyAyeTediscoAye
GuntherAyeLawrenceAye
MillerAye
GoldfederAye
SolagesAye
WoernerAye
SantabarbaraNay

RULES Chair:Heastie DATE:06/14/2016AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttAyeCrouchAye
NolanAyeFinchExcused
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeDupreyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
WrightExcused
DinowitzExcused
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

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A10429 Floor Votes:

There are no votes for this bill in this legislative session.
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A10429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10429
 
SPONSOR: Woerner
  TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law, in relation to the New York racing association, and to repeal certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To provide for the transfer of the New York Racing Association (NYRA) from public to private control.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Repeals subdivision 1 of section 207 of the racing, pari-mu- tuel wagering and breeding law and replaces it with a new subdivision 1. This provides for a new NYRA board composed of 15 members as follows: 2 appointed by the Governor; 1 appointed by the Speaker of the Assembly; 1 appointed by the Temporary President of the Senate; 1 to be the Chief Executive Officer of NYRA; 1 appointed by the New York Thoroughbred Breeders, Inc. (provided that they approve a NYRA board member on their board); 1 appointed by the New York Thoroughbred Horsemen's Association (provided that they approve a NYRA board member on their board); and 8 to be chosen by the Executive Committee of the current NYRA reorganiza- tional board, of which 1 member each must be from Nassau, Queens and Saratoga counties. Additionally, it provides for the terms of office of the members, the standing committees of the NYRA board and the process for incorporation. Section 2: Effective date.   JUSTIFICATION: Chapter 457 of the Laws of 2012 provided for the transfer of control of NYRA to a publicly controlled reorganization board which was tasked with temporarily managing the racing franchise. The time has come for the board to transition back to private control and this legislation provides for that transition.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATION: Minimal to State.   EFFECTIVE DATE: This act shall take effect October 18, 2016.
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A10429 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10429
 
                   IN ASSEMBLY
 
                                      May 27, 2016
                                       ___________
 
        Introduced by M. of A. WOERNER, PRETLOW -- 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 the New York racing association,  and  to  repeal  certain
          provisions of such law relating thereto
 
          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 207  of  the  racing,  pari-mutuel
     2  wagering  and  breeding law is REPEALED and a new subdivision 1 is added
     3  to read as follows:
     4    1. a. The board of directors, to be called the New York racing associ-
     5  ation board, shall consist of fifteen members, eight of  whom  shall  be
     6  elected  by  the  executive committee of the New York racing association
     7  reorganization board of which at least one shall be a full time resident
     8  of each of Nassau, Queens and Saratoga counties, one shall be the  chief
     9  executive  officer  of  the  New  York  racing association, two shall be
    10  appointed by the governor, one shall be appointed by the temporary pres-
    11  ident of the senate, one shall be appointed by the speaker of the assem-
    12  bly, one shall be appointed by the New  York Thoroughbred Breeders  Inc.
    13  provided  that a current board member of the New York racing association
    14  shall serve on the board of  directors  of  the  New  York  Thoroughbred
    15  Breeders  Inc.,  and one shall be appointed by the New York thoroughbred
    16  horsemen's association  (or  such  other  entity  as  is  certified  and
    17  approved  pursuant  to section two hundred twenty-eight of this article)
    18  provided that a current board member of the New York racing  association
    19  shall  serve  on  the  board  of  directors of the New York thoroughbred
    20  horsemen's association  (or  such  other  entity  as  is  certified  and
    21  approved pursuant to section two hundred twenty-eight of this article).
    22    (i)  The governor shall nominate a member to serve as the first chair,
    23  subject to confirmation by majority vote of the board of directors.  All
    24  members shall have equal voting rights.
    25    (ii)  In the event of a member vacancy occurring by death, resignation
    26  or otherwise,  the  respective  appointing  officer  or  officers  shall
    27  appoint  a  successor who shall hold office for the unexpired portion of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15679-01-6

        A. 10429                            2
 
     1  the term. A vacancy from the members appointed from the present board of
     2  the New York racing association reorganization board, shall be filled by
     3  the remaining such members.
     4    (iii) Each board member, other than the chief executive officer of the
     5  New York racing association, shall serve a term of three years. However,
     6  the  first terms of five of the members elected by the executive commit-
     7  tee of the New York racing association reorganization board shall expire
     8  December thirty-first, two thousand seventeen; the first  terms  of  the
     9  remaining  three  members  elected by the executive committee of the New
    10  York racing association reorganization board, the  member  appointed  by
    11  the New York Thoroughbred Breeders Inc., and the member appointed by the
    12  New York thoroughbred horsemen's association shall expire December thir-
    13  ty-first,  two  thousand  eighteen;  and  the first terms of the members
    14  appointed by the governor, temporary president of the senate and speaker
    15  of the assembly shall expire December thirty-first, two  thousand  nine-
    16  teen.
    17    b. The franchised corporation shall establish a compensation committee
    18  to fix salary guidelines, such guidelines to be consistent with an oper-
    19  ation  of other first class thoroughbred racing operations in the United
    20  States; an equine safety committee, to review industry best practices to
    21  improve the safety of horses racing at each of the three  racetracks;  a
    22  finance  committee,  to  review annual operating and capital budgets for
    23  each of the three racetracks; a nominating committee,  to  nominate  any
    24  new  directors to be designated by the franchised corporation to replace
    25  its existing directors; a racing  committee,  to  review  industry  best
    26  practices  to improve the quality of racing at the three racetracks; and
    27  an executive committee. Each of the  compensation,  finance,  nominating
    28  and  executive  committees  shall  include at least one of the directors
    29  appointed by the governor, and the executive committee shall include the
    30  director appointed by the temporary president  of  the  senate  and  the
    31  director appointed by the speaker of the assembly.
    32    c.  Upon  the  effective  date of this paragraph, the structure of the
    33  board of the franchised corporation shall be deemed to  be  incorporated
    34  within  and  made  part of the certificate of incorporation of the fran-
    35  chised corporation, and no amendment to  such  certificate  of  incorpo-
    36  ration  shall be necessary to give effect to any such provision, and any
    37  provision contained within such certificate inconsistent in  any  manner
    38  shall be superseded by the provisions of this section. Such board shall,
    39  however,  make appropriate conforming changes to all governing documents
    40  of the franchised corporation including but  not  limited  to  corporate
    41  by-laws. Following such conforming changes, amendments to the by-laws of
    42  the  franchised  corporation shall only be made by unanimous vote of the
    43  board.
    44    § 2. This act shall take effect October 18, 2016.
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