§ 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 publicofficers 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 or corporation 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.
§ 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 publicofficers 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 or corporation 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.
§ 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 publicofficers 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 or corporation 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.
