US Laws, Codes, Statutes & Cases

 
    §  502. Establishment of regional off-track betting corporations. 1. A
  regional off-track betting corporation is hereby  established  for  each
  region,  except  the  New  York  city region for which the New York city
  off-track betting corporation established pursuant  to  and  subject  to
  article  six  of  this chapter shall constitute the regional corporation
  and such article six shall govern such New York city  off-track  betting
  corporation.  Each  regional  corporation  shall be a body corporate and
  politic constituting a  public  benefit  corporation.  Each  corporation
  shall  be administered by a board of directors consisting of two members
  from each participating county containing a city  of  over  one  hundred
  fifty  thousand in population, according to the last federal census, and
  one member from each other  participating  county.  Notwithstanding  any
  other  provision  of law to the contrary, the members shall be appointed
  by the county governing  body,  and  may,  at  the  discretion  of  such
  governing  body  of  counties  which  have a population of less than two
  hundred thousand, include sitting members  of  such  governing  body.  A
  member of a governing body who is appointed a director after July first,
  nineteen  hundred  ninety  shall  not  be  compensated  by  the regional
  corporation; provided, however, that the mayor of a  city  of  over  one
  hundred fifty thousand that has elected to participate in the management
  of a corporation pursuant to subdivision two of this section shall, with
  the  approval of the city's legislative body, appoint one of the members
  to which the county containing such city is entitled. In the case of the
  corporation established for the Suffolk region and  Nassau  region,  the
  board  of  directors  of each corporation shall consist of three members
  appointed by the governing body of each county, not  more  than  two  of
  whom  shall  be members of the same political party. Each director shall
  serve at the pleasure of the governing body or mayor appointing him,  as
  the  case  may be. A chairman shall be elected by the members to serve a
  term of one year.
    2. A city with a  population  of  over  one  hundred  fifty  thousand,
  according  to  the  last federal census, may elect to participate in the
  management and revenues of a regional corporation if the county in which
  such city is located has elected to become a participating county.  Such
  election shall be by enabling legislation. Upon such election, such city
  shall participate in the amount of any loans or contributions made or to
  be  made  by  the  participating  county  containing  the  city  to  the
  corporation, pursuant to section five hundred six of  this  article,  in
  the  proportion  that such city will participate in net revenues payable
  to such county or such other equitable arrangement as shall be  approved
  by the board.
    3.  Upon  the passage of enabling legislation by the governing body of
  not less than three counties within a region representing not less  than
  thirty  percent  of  the population of such region, as determined by the
  last federal census, or in the case of  the  Suffolk  region,  upon  the
  passage of enabling legislation by the governing body of Suffolk county,
  or  in  the  case  of  the  Nassau  region, upon the passage of enabling
  legislation by the governing body of Nassau county, or in  the  case  of
  the  Mid-Hudson  region  upon the passage of enabling legislation by the
  governing body of the county of Westchester and of the governing body of
  one other county in  such  region,  and  following  the  appointment  of
  members  of the board of directors, such corporation shall file with the
  secretary of state and with  the  state  racing  and  wagering  board  a
  certificate setting forth:
    a. The date of passage of the enabling legislation;
    b.  The  name  of  the  agency,  which shall be the name of the region
  followed by the words "regional off-track betting corporation"; and
    c. The names of  the  members  of  the  board  of  directors  and  the
  chairman.
    4.   Each  of  the  counties  of  the  region  that  have  not  become
  participating counties at the time of filing of the certificate required
  by subdivision three of this section may  do  so  by  enacting  enabling
  legislation, a duly certified copy of which must be filed with the board
  of  directors,  the  state  board, the secretary of state and the county
  clerk of each participating county. In the event that a county elects to
  participate after June first, nineteen  hundred  ninety,  the  effective
  date  of  approval by the state board shall not be earlier than the date
  that branch offices are established and operating. If, at  the  time  of
  such  election, the state board has approved a plan of operation for the
  corporation, a county may not  become  a  participating  county  without
  approval  by the state board of a modified feasibility study and amended
  plan of operation which shall be submitted by  the  corporation  to  the
  state board pursuant to section five hundred twenty-one of this chapter.
    If the participating counties in the region have contributed or loaned
  funds  or other consideration to the corporation, the board of directors
  may  require  that  any  county  subsequently  electing  to   become   a
  participating  county make such contributions in the same proportion, if
  any, as may have governed such contributions or loans  by  participating
  counties.  Any  dispute  as  to  the  value  of consideration or as to a
  contribution required by the board of directors shall be resolved by the
  state board.
    5. a. If the certificate required by subdivision three of this section
  is not filed by December thirty-first,  nineteen  hundred  seventy-five,
  the corporate existence of a corporation shall terminate, but otherwise,
  each  corporation  and  its  corporate  existence  shall  continue until
  terminated by law; provided, however, that no such law shall take effect
  so long as the corporation shall have bonds, notes or other  obligations
  outstanding. Upon termination of the existence of the corporation all of
  its  rights,  property,  assets and funds shall thereupon vest in and be
  possessed by the participating counties  in  the  same  proportion  such
  property,  assets  and funds may have been contributed by each county or
  according to the manner in which the revenues  of  the  corporation  are
  distributed pursuant to section five hundred sixteen of this article, or
  any  combination  of  both  such  methods,  as  the  state  board  shall
  determine.
    b. Notwithstanding the provisions of paragraph a of this  subdivision,
  those  counties  comprising  the  Central region prior to January first,
  nineteen hundred seventy-four, even though such counties are included in
  off-track betting regions other than  the  Central  region,  shall  have
  until  December  thirty-first,  nineteen  hundred eighty-two to file the
  certificate required by subdivision three of this section.
    6. Each director shall continue to serve  until  the  appointment  and
  qualification of his successor.
    7. The directors shall be removable for cause by the state board, upon
  charges and after a hearing.
    8.  The  powers of the corporation shall be vested in and exercised by
  the board of directors at a meeting duly held at a  time  fixed  by  any
  by-law  adopted  by  the board, or at any duly adjourned meeting of such
  meeting or at any meeting held upon reasonable  notice  to  all  of  the
  directors,  or  upon written waiver thereof, and a majority of the whole
  number of directors shall constitute a quorum; provided that neither the
  business nor the powers  of  the  corporation  shall  be  transacted  or
  exercised  except  pursuant to the favorable vote of at least a majority
  of the  directors  present  at  a  meeting  at  which  a  quorum  is  in
  attendance.
    9.  The  board  of  directors  may  delegate  to  one  or  more of the
  directors, officers, agents or employees of the corporation such  powers
  and duties as it may deem proper.
    10.  a.  The  directors may receive a sum of two hundred fifty dollars
  for each day or part thereof spent in attendance  at  meetings  held  in
  accordance  with  subdivision  eight  of this section, but not to exceed
  twenty-five hundred dollars during any one year.
    b. The directors may receive a sum of one hundred dollars for each day
  or part thereof at meetings other  than  those  defined  in  subdivision
  eight  of  this  section  or  otherwise  in the work of the corporation;
  provided that such activities are approved by the board as a whole. Such
  additional expenses shall not exceed  fifteen  hundred  dollars  in  any
  calendar year.
    c.  The  chairman  of the board elected in accordance with subdivision
  one of  this  section  shall  receive  additional  compensation  of  one
  thousand  dollars  per  year  to  cover  those  expenses  and activities
  associated with such office.
    d. In addition, the directors shall be reimbursed for their actual and
  necessary expenses incurred in the performance of their official duties.
    e. Any expenses incurred by a director in excess of  those  authorized
  by  paragraph  d  of this subdivision shall be the responsibility of the
  appointing political  subdivision,  payable  on  vouchers  certified  or
  approved by the chief fiscal officer of such political subdivision as is
  provided by law.
    11.  The directors may engage in outside employment or in a profession
  or business unless otherwise prohibited  from  doing  so  by  virtue  of
  holding  another  public  office  subject  to  the provisions of article
  eighteen of the general municipal law. For the purposes of such  article
  eighteen, the corporation shall be a "municipality" and a director shall
  be a "municipal officer."
    12. The board of directors shall hold an annual meeting.
    13. The fiscal year of the corporation shall be the calendar year.
    14. A general manager, who shall be the chief executive officer of the
  corporation, shall be in charge of the administration of its affairs. He
  shall  perform  his duties as chief executive officer, together with any
  other duties assigned to  him  by  the  corporation,  under  its  direct
  supervision and control and shall give full time to such duties.
    15.   Any  person  prohibited  by  any  law  or  rule  from  accepting
  compensation  described  in  subdivision  ten  of  this  section   shall
  nonetheless  be  permitted  to  serve as a director provided said person
  waives his compensation.
    16. Notwithstanding any inconsistent provision of this chapter or  any
  other   law,  any  director,  administrator,  or  other  employee  of  a
  corporation may be issued and hold  any  license  issued  by  the  state
  board.