A 7338: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7338 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 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 prohibitions 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; employee or former employee is or was not a shareholder, board 15 member, or member of upper-management of any such corporation, associ- 16 ation, or other gaming entity; and such employee's role is or was merely 17 incidental to the function of the business, including, but not necessar- 18 ily limited to: 19 (A) Disinterested roles in gaming functions, such as starters, 20 provided such employee meets all other criteria provided in this para- 21 graph; and 22 (B) Any other position deemed acceptable by the commission's hiring 23 committee by policy or individual employment application. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09882-01-5 
 A. 7338 2 1 (ii) Such current or former employee, if hired by the commission, 2 shall terminate employment with such corporation or association prior to 3 commencing employment at the commission. 4 (c) Prior to appointment or employment, each member, officer or 5 employee of the commission shall swear or affirm that [he or she] such 6 member, officer or employee possesses no interest in any corporation or 7 association holding a franchise, license, registration, certificate or 8 permit issued by the commission. Thereafter, no member or officer of the 9 commission shall hold any direct interest in or be employed by any 10 applicant for or by any corporation, association or person holding a 11 license, registration, franchise, certificate or permit issued by the 12 commission for a period of four years commencing on the date [his or 13 her] such member, officer or employee's membership with the commission 14 terminates. 15 (d) Further, no employee of the commission may acquire any direct or 16 indirect interest in, or accept employment with, any applicant for or 17 any person holding a license, registration, franchise, certificate or 18 permit issued by the commission for a period of two years commencing at 19 the termination of employment with the commission. 20 (e) The commission may, by resolution adopted by unanimous vote at a 21 properly noticed public meeting, waive for good cause the pre-employment 22 restrictions enumerated in this subdivision for a prospective employee 23 whose duties and responsibilities are primarily on racetrack grounds. 24 Such adopted resolution shall state the reasons for waiving the pre-em- 25 ployment conditions for the prospective employee, including a finding 26 that there were no other qualified candidates with the desired experi- 27 ence for the specified position. 28 § 2. This act shall take effect immediately.