US Laws, Codes, Statutes & Cases

 
    §  107.  Prohibition  of interest by public officers, public employees
  and party officers  in  pari-mutuel  racing  activities.  1.  No  public
  officer  or  party  officer shall hold any license from the state racing
  and wagering board.
    2. The following public employees  are  prohibited  from  holding  any
  license from the board:
    a. an employee of the state racing and wagering board; any director or
  employee  of  a  regional  off-track  betting  corporation employed in a
  management, confidential or supervisory capacity; or
    b. an employee of the state legislature  provided,  however,  that  an
  employee  of  the state legislature whose duties in such position do not
  involve pari-mutuel racing  activities  shall  not  be  subject  to  the
  prohibitions  of  this  section  if  he  held any license from the 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
  pari-mutuel racing 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
  pari-mutuel racing activities or the taxation thereof.
    3. 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 (1) which is
  licensed by the board  to  conduct  pari-mutuel  racing,  or  (2)  which
  conducts  its  occupation,  trade,  or  business  at racetracks at which
  pari-mutuel race meets  are  conducted  whether  or  not  a  license  is
  required,  or  (3)  which owns or leases to any enfranchised or licensed
  association or corporation a racetrack at which  pari-mutuel  racing  is
  conducted,  or (4) which participates in the management of any franchise
  holder or licensee conducting pari-mutuel racing; 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 four 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.
    4.  The provisions of paragraph b of subdivision three of this section
  shall not apply to a public employee other than an employee of the state
  racing and wagering board, 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.
    5.  The  provisions of subdivisions one, two and three of this section
  shall not bar a public officer, public employee or  party  officer  from
  holding  any  license issued by the board or from engaging in any racing
  activity if he was actually engaged in such  racing  activity  on  April
  sixth,  nineteen hundred fifty-four and has been continuously engaged in
  such activity since that time.
    6. As used in this section the following terms shall mean and include:
    a. "Public officer." Every elected state and local officer  and  every
  other  state  and local officer, as defined in section two of the public
  officers law, whose duties relate to pari-mutuel  racing  activities  or
  the taxation thereof, who is required to devote all or substantially all
  of  his  time  to  the  duties  of  his  office  for  which  he receives
  compensation  or  if  employed  on  a  part time or other basis receives
  compensation in excess of twelve thousand dollars per annum, a member or
  officer of the state legislature, a member, director or officer  of  the
  state  racing  commission,  the  state  harness  racing  commission, the
  quarter horse racing commission, the state racing and wagering board, or
  any regional off-track betting corporation,  or  a  member  of  a  local
  legislative body.
    b.  "Public  employee."  Every  person  employed  by  the state or any
  municipality or other  political  subdivision  thereof  or  by  a  local
  legislative  body, other than a public officer defined in paragraph a of
  this subdivision, who is required to devote all or substantially all  of
  his  time  to  the  duties  of  his  employment  for  which  he receives
  compensation, or if employed on a part time basis receives  compensation
  in  excess  of  twelve thousand dollars per annum, or an employee of the
  state legislature or an employee of the state racing and wagering board.
    c. "Party officer." The following members or officers of any political
  party:
    (i) a member of a national committee;
    (ii) a chairman, vice-chairman, secretary, treasurer or counsel  of  a
  state  committee,  or  member  of  the  executive  committee  of a state
  committee;
    (iii) a county leader, chairman, vice-chairman, counsel, secretary  or
  treasurer of a county committee.
    d.  "Local  legislative  body."  The legislative body of a county; the
  council, common council or board of aldermen and the board of  estimate,
  the  board  of  estimate  and  apportionment  or  board  of estimate and
  contract, if there be one, of a city; the town board of a town  and  the
  village board of a village.
    7.  The state racing and wagering board shall have the power to refuse
  to grant or to  revoke  or  suspend  a  license  of  any  person,  firm,
  association  or corporation which 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, firm, association or corporation.
    8.  Notwithstanding any other provision of law, and in addition to any
  other cause of removal provided by law, a knowing and  wilful  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 appropriate authority having the power of removal or at
  the suit of the attorney general.