2006 New York Code - Non-profit Racing Association Oversight Board.

 
    * §  208-b. Non-profit racing association oversight board. 1. There is
  hereby  created  a  non-profit  racing   association   oversight   board
  consisting of five members appointed by the governor, herein referred to
  in  this  section  as  the  board.  Of  the  five  members, one shall be
  appointed upon the recommendation of  the  temporary  president  of  the
  senate and one shall be appointed upon the recommendation of the speaker
  of  the  assembly. Each member shall serve for a term of four years. The
  governor shall designate the chair from among the  sitting  members  who
  shall serve as such at the pleasure of the governor.
    2.  The members shall serve without compensation for their services as
  members, but shall be entitled to reimbursement for actual and necessary
  expenses incurred in the performance of their duties.
    3. Such members, except as otherwise provided by law,  may  engage  in
  private or public employment, or in a profession or business. The board,
  its  members,  officers and employees shall be subject to the provisions
  of sections seventy-three and seventy-four of the public  officers  law.
  No  current trustee of a non-profit racing association and no individual
  registered with the temporary state  commission  on  lobbying  shall  be
  appointed as members to the board.
    4.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
  special or local, no officer or employee of the state or  of  any  civil
  division  thereof  shall  be  deemed  to have forfeited or shall forfeit
  their office or employment by reason of their acceptance  of  membership
  on the board created by this section.
    5.  The  affirmative  vote of three members shall be necessary for the
  transaction of any business or the exercise of any power or function  of
  the board.
    6.  Notwithstanding  any other law to the contrary, the board shall be
  directed  and  is  authorized  to  oversee,  monitor  and   review   all
  transactions   and   operations   of  a  non-profit  racing  association
  authorized by this chapter; provided,  however,  that  nothing  in  this
  section  shall  be deemed to reduce, diminish or impede the authority of
  the state racing and wagering board to, pursuant to article one of  this
  chapter,  determine  and  enforce  compliance  by  a  non-profit  racing
  association. Such oversight shall include, but not be limited to:
    a. review and make recommendations  concerning  the  annual  operating
  budgets  of  such  non-profit  racing  association  which  shall include
  periodic adjustments as determined by the board;
    b. review and make recommendations concerning operating  revenues  and
  the  establishment  of  a  financial  plan  which  extends  through  the
  franchise period of such non-profit racing association as authorized  by
  section two hundred eight of this article;
    c.  review  and  make  recommendations concerning accounting, internal
  control systems and security procedures;
    d. review and make recommendations concerning such  non-profit  racing
  association's  revenue  and  expenditure  policies  which  shall include
  collective bargaining agreements management  and  employee  compensation
  plans, vendor contracts and capital improvement plans;
    e.  review and approve such non-profit racing association's compliance
  with the laws, rules and regulations applicable to its activities;
    f. receive, review, approve  or  disapprove  capital  plans  submitted
  annually  by  the non-profit racing association. A capital plan shall be
  approved only where it is determined that  it  is  consistent  with  the
  state's interest and financially feasible; and
    g.  make  recommendations for establishing model governance principles
  to improve accountability and transparency.
    7. Recommendations of the board shall be approved and  implemented  by
  the  board of trustees of such non-profit racing association in a timely
  manner. If such board  of  trustees  fails  or  refuses  to  approve  or
  implement any recommendation of the board, the trustees shall respond to
  the  board,  in  writing,  within  thirty  days  of such recommendation,
  setting  forth  the  reasons such recommendation or recommendations were
  not approved.
    8. The board shall be an authorized licensee to operate video  lottery
  gaming at Aqueduct racetrack in the event of revocation or expiration of
  the  franchise  granted to a non-profit racing association in accordance
  with section two hundred eight of this article.
    9.  The  board  shall  report  quarterly  to  the  governor  and   the
  legislature, beginning no later than December thirty-first, two thousand
  five,  stating  its findings and recommendations to implement policy and
  legislative changes necessary to  encourage  the  continuation  of  high
  quality  thoroughbred  racing  in  New  York  state  and  to protect the
  legitimate interests of the state and the thoroughbred racing industry.
    10. Any franchised or licensed  non-profit  racing  association  shall
  make  all  records  and documents pertaining to its financial practices,
  and other documents and records  necessary  to  carry  out  its  duties,
  available  to  the  board  upon  request  and within thirty days of such
  request.
    11. The board shall have the power, at any time, to examine  or  cause
  to be examined by a third party, the books, papers, records and accounts
  of  any non-profit racing association. The non-profit racing association
  shall reimburse the board for the actual costs  incurred  in  conducting
  such examination.
    12. The board shall utilize employees of the state racing and wagering
  board to carry out its duties.
    * NB  Repealed  30 days following the assumption of the franchise by a
  successor entity.