Prohibits the issuance to or holding of thoroughbred track, harness track or video gaming licenses by persons convicted of moral turpitude felonies

Section 2: Creates section 204-a of the Racing &, Wagering Law to empower the Racing and Wagering Board to approve of all stock transfers of 25% or more for any racing association or corporation that possesses a racing license. This is to ensure that that all new stockholders of a racing licensee have not been convicted of any felony involving issues of moral turpitude.

Section 3: Amends section 303 of the Racing & Wagering Law to incorporate the new prohibitions stated in bill sections one and two barring certain felons from managing race meets in New York State to apply to those that hold harness race meet licenses.

Section 4: Amends Tax law section 1617-a to make it very clear that 110 person or business entity that has been convicted of a felony can obtain or continue to hold a license to operate a video lottery gaming facility.

Existing law

It his long been interpreted and inferred that persons, corporations or other business entities would be ineligible to obtain or hold a license to conduct thoroughbred or harness racing meets. However, it has come to light that perhaps this prohibition, while inferred, should be made crystal clear within the Racing and Wagering Law.

Justification

Over the put few years, there have been investigations within New York's racing industry that may lead to criminal convictions of persons, corporations or other business entities that currently hold licenses to hold thoroughbred and harness racing meets. It has long been inferred that those that are convicted of a felony would be ineligible to apply for or continue to hold a racing license in New York State. In light of the current state of racing in New York State, it may be prudent to clearly state that certain convicted felons should not be allowed to conduct meets or handle betting monies generated at such tracks. For the prestige and stature of New York racing in this country, it is important that those that hold racing licenses are held to the highest moral and ethical standards so that the betting public will have a level of confidence on race meets that are held in New York.

This bill also outlines a procedure to quickly replace, on temporary basis, a horse racing licensee that has been convicted of a felony with another licensee to ensure that race meets can still be conducted without interruption. Without this provision, race meets could not be held to the detriment of horse owners, track employees and the betting public.

Under current law most professions including any attorneys, beauticians, bus drivers, nurses, and security guards that are convicted of any felony are automatically disqualified from holding a license. A similar law should apply to Race Track licenses.

Legislative history

S.5810 of 2003/2004, S.2346 of 2005/2006, S.347-A of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect January 1 next succeeding the date on which it shall have become a law.