* § 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 timelymanner. 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 Effective until confirmation of NYRA plan of reorganization.
* § 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 timelymanner. 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 Effective until confirmation of NYRA plan of reorganization.
* § 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 timelymanner. 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 Effective until confirmation of NYRA plan of reorganization.
