(a) an employee of the commission; any director or employee of a
regional off-track betting corporation employed in a management,
confidential or supervisory capacity for purposes of their position with
off-track betting; or
(b) an employee of the state legislature; provided, however, that an
employee of the state legislature whose duties in such position do not
relate to gaming activities shall not be subject to the prohibitions of
this section if he or she held a license from the former state racing
and wagering board while employed by the state legislature prior to July
first, nineteen hundred eighty; or
(c) an employee of any local legislative body whose duties involve
gaming activities; or
(d) an employee of any state or local board, agency, authority or
other state or local governmental body, the duties of which relate to
gaming activities or the taxation thereof.
7. No public officer, public employee or party officer shall:
(a) own or hold, directly or indirectly, any proprietary interest,
stock or obligation of any firm, association or corporation (i) which is
licensed by the commission to conduct video lottery gaming or horse
racing activities, or (ii) which conducts its occupation, trade, or
business at a racetrack at which pari-mutuel race meets are conducted or
facility where video lottery gaming activity is conducted whether or not
a license is required, or (iii) which owns or leases to any enfranchised
or licensed association or corporation a racetrack at which pari-mutuel
racing is conducted or facility where video lottery gaming activity is
conducted, or (iv) which participates in the management of any franchise
holder or licensee conducting video lottery gaming or horse racing
activities; or
(b) hold any office or employment with any firm, association or
corporation specified in paragraph (a) of this subdivision, except as
provided in subdivision eight of this section; or
(c) sell, or be a member of a firm, or own ten per centum or more of
the stock of any corporation, which sells any goods or services to any
firm, association or corporation specified in paragraph (a) of this
subdivision. For purposes of this subdivision, a direct or indirect
interest shall not include an interest in a mutual fund or any other
diversified investments over which the recipient does not know the
identity of the primary source of income.
8. The provisions of paragraph (b) of subdivision seven of this
section shall not apply to a public employee other than an employee of
the commission, a police officer or a peace officer employed by a
sheriff's office, district attorney's office or other state or local law
enforcement agency, or those employees classified as management
confidential employees pursuant to section two hundred fourteen of the
civil service law who are employed by a state or local law enforcement
agency or regional off-track betting corporation; provided, however,
that employment of employees of a political subdivision may be
prohibited by ordinance, resolution or local law adopted by the local
legislative body or other governing board of such political subdivision.
9. The commission shall have the power to refuse to grant or to revoke
or suspend a license of any person, association or corporation that aids
or knowingly permits or conspires to permit any public officer, public
employee or party officer to acquire or retain any interest prohibited
by this section and shall have the power to exclude from the grounds of
any racing association any such person, association or corporation.
10. Notwithstanding any other provision of law, and in addition to any
other cause of removal provided by law, an intentional violation of this
section shall be cause for removal from public office, public employment
or party office. In any such case, such public officer, public employee
or party officer violating this section shall be removed from office by
the appropriate authority having the power of removal or at the suit of
the attorney general. Further, such public officer, public employee or
party officer shall be liable for a civil penalty of not more than ten
thousand dollars.
Structure New York Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 1 - Supervision and Regulation
102 - New York State Gaming Commission.
103 - Organization and Divisions.
104 - Powers and Duties of the Commission.
108 - Certain Restrictions on Wagering.
109 - Supplementary Regulatory Powers of the Commission.
109-A - Separate Board for Facility Siting.
110 - Statement of Stockholders to Be Filed.
111 - Compulsive Gambling Assistance.
112 - Pari-Mutuel Operations; Filing of Tax Forms and Other Statistics.
113 - Filing of Pari-Mutuel Tax Returns or Reports by Electronic Means.
115-A - Fee for the Start of a Horse in New York State Pari-Mutuel Races.
115-B - Market Origin Credits.
120 - Continuity of Authority.
121 - Completion of Unfinished Business.
122 - Continuation of Rules and Regulations.
123 - Terms Occuring in Laws, Contracts and Other Documents.
124 - Existing Rights and Remedies Preserved.
125 - Pending Actions or Proceedings.
126 - Transfer of Appropriations Heretofore Made.
127 - Transfer of Assests and Liabilities.
128 - Promulgation of Rules and Regulations.
129 - Construction of Other Laws or Provisions.
130 - The Office of Gaming Inspector General.
131 - Gaming Inspector General; Functions and Duties.
133 - Responsibilities of the Commission and Its Officers and Employees.