§ 101. New York state racing and wagering board. 1. There is hereby created within the executive department the New York state racing and wagering board, which board shall have general jurisdiction over all horse racing activities and all pari-mutuel betting activities, both on-track and off-track, in the state and over the corporations, associations, and persons engaged therein. All the powers, duties and functions heretofore conferred by law individually on the state racing commission, the state harness racing commission, the state quarter horse racing commission and the state off-track pari-mutuel betting commission are hereby transferred to the state racing and wagering board; the state racing commission, the state harness racing commission, the state quarter horse racing commission and the state off-track pari-mutuel betting commission shall cease to have such powers, duties and functions but shall continue in the form prescribed by section one hundred three of this chapter. The prior acts and orders, and the existing rules and regulations, of the individual commissions superseded herein shall continue in full force and effect according to their existing terms and until amended, repealed, terminated, cancelled, or otherwise modified by the board. 2. The board shall consist of three members to be appointed by the governor by and with the advice and consent of the senate. Not more than two of the members shall belong to the same political party. The governor shall designate one of the members as chairman of the board who shall be the chief executive officer of the agency and shall serve in the capacity of chairman at the pleasure of the governor. The chairman and members shall not hold any other public office or public employment for which they shall receive compensation, other than necessary travel or other expenses incurred in the performance of the duties of such office or employment, or engage in any private employment or in a profession or business, provided, however, that holding stock or office in a corporation which does not interfere or conflict with the performance or proper discharge of his duties in the public interest shall not be deemed engagement in private employment or a profession. 3. The members of the board shall hold office for terms of six years except that in the event of a vacancy occurring in the office of a member by death, resignation or otherwise, his successor shall hold office for the unexpired term. 4. The governor may remove any member for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges against him, and an opportunity of being heard in person or by counsel in his own defense, upon not less than ten days' notice. If such member shall be removed, the governor shall file in the office of the department of state a complete statement of charges made against such member, and his findings thereon, together with a complete record of the proceeding. 5. Each member shall receive a salary, within the amounts appropriated therefor, and shall be paid actual and necessary expenses incurred in the performance of his official duties. 6. Two members of the board shall constitute a quorum for the purpose of conducting the business thereof. 7. No member, officer, official or employee of the board shall participate as owner of a horse or otherwise as a contestant in any horse race at a race meeting which is under the jurisdiction or supervision of the board, or have any pecuniary interest, direct or indirect, in the purse, prize, premium or stake contested for at any such horse race or in the operations of any licensee or franchisee of the board. Participation as a contestant in any such horse race by a member, officer, other official or employee of the board in violation ofthis prohibition shall terminate the term of his office as a member, or his services as an officer or official or employee of the board. 8. The chairman of the board shall appoint such deputies, secretary, officers, representatives and counsel as the board may deem necessary, who shall serve during his pleasure, and shall also appoint such employees as the board may deem necessary, and whose duties shall be prescribed by the board and whose compensation shall be fixed by the board within the appropriations available therefor. It shall be the duty of the secretary to keep a full and faithful record of the proceedings of the board, preserve at the general office of the board all books, maps, documents and papers entrusted to his care, prepare for service such papers and notices as may be required of him by the board, and perform such other duties as the board may prescribe. 9. Each member of the board, and such officers, employees or agents of the board as may be designated by the board for such purpose, shall have the power to administer oaths and examine witnesses, and may issue subpoenas to compel attendance of witnesses, and the production of all relevant and material reports, books, papers, documents, correspondence and other evidence. 10. The board may retain and employ private consultants and agencies on a contract basis for rendering technical or other assistance and advice for the performance of its duties. 11. The board shall, annually, make a full report to the governor of its proceedings for the preceding calendar year and such suggestions and recommendations as it shall deem desirable.
§ 101. New York state racing and wagering board. 1. There is hereby created within the executive department the New York state racing and wagering board, which board shall have general jurisdiction over all horse racing activities and all pari-mutuel betting activities, both on-track and off-track, in the state and over the corporations, associations, and persons engaged therein. All the powers, duties and functions heretofore conferred by law individually on the state racing commission, the state harness racing commission, the state quarter horse racing commission and the state off-track pari-mutuel betting commission are hereby transferred to the state racing and wagering board; the state racing commission, the state harness racing commission, the state quarter horse racing commission and the state off-track pari-mutuel betting commission shall cease to have such powers, duties and functions but shall continue in the form prescribed by section one hundred three of this chapter. The prior acts and orders, and the existing rules and regulations, of the individual commissions superseded herein shall continue in full force and effect according to their existing terms and until amended, repealed, terminated, cancelled, or otherwise modified by the board. 2. The board shall consist of three members to be appointed by the governor by and with the advice and consent of the senate. Not more than two of the members shall belong to the same political party. The governor shall designate one of the members as chairman of the board who shall be the chief executive officer of the agency and shall serve in the capacity of chairman at the pleasure of the governor. The chairman and members shall not hold any other public office or public employment for which they shall receive compensation, other than necessary travel or other expenses incurred in the performance of the duties of such office or employment, or engage in any private employment or in a profession or business, provided, however, that holding stock or office in a corporation which does not interfere or conflict with the performance or proper discharge of his duties in the public interest shall not be deemed engagement in private employment or a profession. 3. The members of the board shall hold office for terms of six years except that in the event of a vacancy occurring in the office of a member by death, resignation or otherwise, his successor shall hold office for the unexpired term. 4. The governor may remove any member for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges against him, and an opportunity of being heard in person or by counsel in his own defense, upon not less than ten days' notice. If such member shall be removed, the governor shall file in the office of the department of state a complete statement of charges made against such member, and his findings thereon, together with a complete record of the proceeding. 5. Each member shall receive a salary, within the amounts appropriated therefor, and shall be paid actual and necessary expenses incurred in the performance of his official duties. 6. Two members of the board shall constitute a quorum for the purpose of conducting the business thereof. 7. No member, officer, official or employee of the board shall participate as owner of a horse or otherwise as a contestant in any horse race at a race meeting which is under the jurisdiction or supervision of the board, or have any pecuniary interest, direct or indirect, in the purse, prize, premium or stake contested for at any such horse race or in the operations of any licensee or franchisee of the board. Participation as a contestant in any such horse race by a member, officer, other official or employee of the board in violation ofthis prohibition shall terminate the term of his office as a member, or his services as an officer or official or employee of the board. 8. The chairman of the board shall appoint such deputies, secretary, officers, representatives and counsel as the board may deem necessary, who shall serve during his pleasure, and shall also appoint such employees as the board may deem necessary, and whose duties shall be prescribed by the board and whose compensation shall be fixed by the board within the appropriations available therefor. It shall be the duty of the secretary to keep a full and faithful record of the proceedings of the board, preserve at the general office of the board all books, maps, documents and papers entrusted to his care, prepare for service such papers and notices as may be required of him by the board, and perform such other duties as the board may prescribe. 9. Each member of the board, and such officers, employees or agents of the board as may be designated by the board for such purpose, shall have the power to administer oaths and examine witnesses, and may issue subpoenas to compel attendance of witnesses, and the production of all relevant and material reports, books, papers, documents, correspondence and other evidence. 10. The board may retain and employ private consultants and agencies on a contract basis for rendering technical or other assistance and advice for the performance of its duties. 11. The board shall, annually, make a full report to the governor of its proceedings for the preceding calendar year and such suggestions and recommendations as it shall deem desirable.
§ 101. New York state racing and wagering board. 1. There is hereby created within the executive department the New York state racing and wagering board, which board shall have general jurisdiction over all horse racing activities and all pari-mutuel betting activities, both on-track and off-track, in the state and over the corporations, associations, and persons engaged therein. All the powers, duties and functions heretofore conferred by law individually on the state racing commission, the state harness racing commission, the state quarter horse racing commission and the state off-track pari-mutuel betting commission are hereby transferred to the state racing and wagering board; the state racing commission, the state harness racing commission, the state quarter horse racing commission and the state off-track pari-mutuel betting commission shall cease to have such powers, duties and functions but shall continue in the form prescribed by section one hundred three of this chapter. The prior acts and orders, and the existing rules and regulations, of the individual commissions superseded herein shall continue in full force and effect according to their existing terms and until amended, repealed, terminated, cancelled, or otherwise modified by the board. 2. The board shall consist of three members to be appointed by the governor by and with the advice and consent of the senate. Not more than two of the members shall belong to the same political party. The governor shall designate one of the members as chairman of the board who shall be the chief executive officer of the agency and shall serve in the capacity of chairman at the pleasure of the governor. The chairman and members shall not hold any other public office or public employment for which they shall receive compensation, other than necessary travel or other expenses incurred in the performance of the duties of such office or employment, or engage in any private employment or in a profession or business, provided, however, that holding stock or office in a corporation which does not interfere or conflict with the performance or proper discharge of his duties in the public interest shall not be deemed engagement in private employment or a profession. 3. The members of the board shall hold office for terms of six years except that in the event of a vacancy occurring in the office of a member by death, resignation or otherwise, his successor shall hold office for the unexpired term. 4. The governor may remove any member for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges against him, and an opportunity of being heard in person or by counsel in his own defense, upon not less than ten days' notice. If such member shall be removed, the governor shall file in the office of the department of state a complete statement of charges made against such member, and his findings thereon, together with a complete record of the proceeding. 5. Each member shall receive a salary, within the amounts appropriated therefor, and shall be paid actual and necessary expenses incurred in the performance of his official duties. 6. Two members of the board shall constitute a quorum for the purpose of conducting the business thereof. 7. No member, officer, official or employee of the board shall participate as owner of a horse or otherwise as a contestant in any horse race at a race meeting which is under the jurisdiction or supervision of the board, or have any pecuniary interest, direct or indirect, in the purse, prize, premium or stake contested for at any such horse race or in the operations of any licensee or franchisee of the board. Participation as a contestant in any such horse race by a member, officer, other official or employee of the board in violation ofthis prohibition shall terminate the term of his office as a member, or his services as an officer or official or employee of the board. 8. The chairman of the board shall appoint such deputies, secretary, officers, representatives and counsel as the board may deem necessary, who shall serve during his pleasure, and shall also appoint such employees as the board may deem necessary, and whose duties shall be prescribed by the board and whose compensation shall be fixed by the board within the appropriations available therefor. It shall be the duty of the secretary to keep a full and faithful record of the proceedings of the board, preserve at the general office of the board all books, maps, documents and papers entrusted to his care, prepare for service such papers and notices as may be required of him by the board, and perform such other duties as the board may prescribe. 9. Each member of the board, and such officers, employees or agents of the board as may be designated by the board for such purpose, shall have the power to administer oaths and examine witnesses, and may issue subpoenas to compel attendance of witnesses, and the production of all relevant and material reports, books, papers, documents, correspondence and other evidence. 10. The board may retain and employ private consultants and agencies on a contract basis for rendering technical or other assistance and advice for the performance of its duties. 11. The board shall, annually, make a full report to the governor of its proceedings for the preceding calendar year and such suggestions and recommendations as it shall deem desirable.
