Clarifies certain provisions regarding conflicts of interest of certain public employees regarding the licensing of a participant in horse racing activities.
STATE OF NEW YORK
________________________________________________________________________
3250
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to conflicts of interest of certain public employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 6, 7 and 8 of section 107 of the racing,
2 pari-mutuel wagering and breeding law, as added by section 1 of part A
3 of chapter 60 of the laws of 2012, are amended to read as follows:
4 6. (a) The following public employees are prohibited from holding any
5 license from the commission:
6 [(a)] (i) an employee of the commission; any director or employee of a
7 regional off-track betting corporation employed in a management, confi-
8 dential or supervisory capacity for purposes of their position with
9 off-track betting; or
10 [(b)] (ii) an employee of the state legislature; provided, however,
11 that an employee of the state legislature whose duties in such position
12 do not relate to gaming activities shall not be subject to the prohibi-
13 tions of this section if [he or she] such employee held a license from
14 the former state racing and wagering board while employed by the state
15 legislature prior to July first, nineteen hundred eighty; or
16 [(c)] (iii) an employee of any local legislative body whose duties
17 involve gaming activities; or
18 [(d)] (iv) an employee of any state or local board, agency, authority
19 or other state or local governmental body, the duties of which relate to
20 gaming activities or the taxation thereof.
21 (b) Notwithstanding any other provision of law to the contrary, for
22 the purpose of this section the term "gaming activity" shall mean to
23 direct or take part in the operation or management of any form of legal-
24 ized gaming, including, but not limited to, Class III gaming under the
25 Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., pari-mutuel
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07329-01-5
A. 3250 2
1 wagering, both on-track and off-track, bingo and charitable games of
2 chance and the state lottery for education.
3 7. (a) No public officer, public employee or party officer shall:
4 [(a)] (i) own or hold, directly or indirectly, any proprietary inter-
5 est, stock or obligation of any firm, association or corporation [(i)]
6 (1) which is licensed by the commission to conduct video lottery gaming
7 or horse racing activities, or [(ii)] (2) which conducts its occupation,
8 trade, or business at a racetrack at which pari-mutuel race meets are
9 conducted or facility where video lottery gaming activity is conducted
10 whether or not a license is required, or [(iii)] (3) which owns or leas-
11 es to any enfranchised or licensed association or corporation a race-
12 track at which pari-mutuel racing is conducted or facility where video
13 lottery gaming activity is conducted, or [(iv)] (4) which participates
14 in the management of any franchise holder or licensee conducting video
15 lottery gaming or horse racing activities; or
16 [(b)] (ii) hold any office or employment with any firm, association or
17 corporation specified in [paragraph (a) of this subdivision] subpara-
18 graph (i) of this paragraph, except as provided in subdivision eight of
19 this section; or
20 [(c)] (iii) sell, or be a member of a firm, or own ten per centum or
21 more of the stock of any corporation, which sells any goods or services
22 to any firm, association or corporation specified in [paragraph (a) of
23 this subdivision] subparagraph (i) of this paragraph. For purposes of
24 this subdivision, a direct or indirect interest shall not include an
25 interest in a mutual fund or any other diversified investments over
26 which the recipient does not know the identity of the primary source of
27 income.
28 (b) The provisions of this subdivision shall not apply to the licens-
29 ing of a participant in horse racing activities. For the purposes of
30 this subdivision, the term "participant" shall mean a horse owner,
31 trainer, driver, jockey or groom.
32 8. (a) The provisions of [paragraph (b)] subparagraph (ii) of para-
33 graph (a) of subdivision seven of this section shall not apply to a
34 public employee other than an employee of the commission, a police offi-
35 cer or a peace officer employed by a sheriff's office, district attor-
36 ney's office or other state or local law enforcement agency, or those
37 employees classified as management confidential employees pursuant to
38 section two hundred fourteen of the civil service law who are employed
39 by a state or local law enforcement agency or regional off-track betting
40 corporation; provided, however, that employment of employees of a poli-
41 tical subdivision may be prohibited by ordinance, resolution or local
42 law adopted by the local legislative body or other governing board of
43 such political subdivision.
44 (b) The provisions of this subdivision shall not apply to the licens-
45 ing of a participant in horse racing activities. For the purposes of
46 this subdivision, the term "participant" shall mean a horse owner,
47 trainer, driver, jockey or groom.
48 § 2. This act shall take effect on the sixtieth day after it shall
49 have become a law.
