2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 1 - Supervision and Regulation › 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.