N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 109-a: Separate board for facility siting

§ 109-a. Separate board for facility siting. The commission shall

establish a separate board to be known as the New York gaming facility

location board to perform designated functions under article thirteen of

this chapter, the following provisions shall apply to the board:

1. The commission shall select five members and name the chair of the

board. Each member of the board shall be a resident of the state of New

York. No member of the legislature or person holding any elective or

appointive office in federal, state or local government shall be

eligible to serve as a member of the board.

2. A majority of members of the board shall be appointed within one

hundred eighty days of the date that title two-A of this article shall

become law.

3. Qualifications of members. Members of the board shall each possess

no less than ten years of responsible experience in fiscal matters and

shall have any one or more of the following qualifications:

(a) significant service as an accountant economist, or financial

analyst experienced in finance or economics;

(b) significant service in an academic field relating to finance or

economics;

(c) significant service and knowledge of the commercial real estate

industry; or

(d) significant service as an executive with fiduciary

responsibilities in charge of a large organization or foundation.

4. No member of the board:

(a) may have a close familial or business relationship to a person

that holds a license under this chapter;

(b) may have any direct or indirect financial interest, ownership, or

management, including holding any stocks, bonds, or other similar

financial interests in any gaming activities, including horse racing,

lottery or gambling;

(c) may receive or share in, directly or indirectly, the receipts or

proceeds of any gaming activities, including horse racing, lottery or

gambling;

(d) may have a beneficial interest in any contract for the manufacture

or sale of gaming devices, the conduct of any gaming activity, or the

provision of any independent consulting services in connection with any

establishment licensed under this chapter.

5. Board members are entitled to actual and necessary expenses

incurred in the discharge of their duties but may not receive

compensation for their service on the board.

6. (a) The commission shall provide staff to the board.

(b) The board may contract with a consultant to assist in the analysis

of applications submitted for gaming facility licenses.

(c) The board may contract with attorneys, accountants, auditors and

financial and other experts to render necessary services.

(d) All other state agencies shall cooperate with and assist the board

in the fulfillment of its duties under this article and may render such

services to the board within their respective functions as the board may

reasonably request.

7. Utilizing the powers and duties prescribed for it by article

thirteen of this chapter, the board shall select, through a competitive

process consistent with provisions of article thirteen of this chapter,

not more than seven gaming facility license applicants. Such selectees

shall be authorized to receive a gaming facility license, if found

suitable by the commission. The board may select another applicant for

authorization to be licensed as a gaming facility if a previous selectee

fails to meet licensing thresholds, is revoked or surrenders a license

opportunity.