Prohibits off-track betting corporation vehicles from being used as take-home vehicles by board members, officers, employees, contractors, subcontractors, consultants, or agents of such corporation or by certain family members of such individuals; provides an exception therefor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4186
SPONSOR: Peoples-Stokes
 
TITLE OF BILL:
An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to prohibiting off-track betting corporation vehicles from
being used as take-home vehicles
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent abuse of take-home vehicle poli-
cies by regional off-track betting corporations.
 
SUMMARY OF PROVISIONS:
Section one prohibits take-home vehicles for any off-track betting
corporation board member, officer, or employee of such corporation, any
contractor, subcontractor, consultant, or other agency of such corpo-
ration, or any spouse, child, sibling or parent residing in the princi-
pal place of abode of any such foregoing persons unless the regional
off-track betting corporation has a written policy on take-home vehicles
that is compliant with the office of the state comptroller rules and
regulations, that such written policy has been approved by the gaming
commission, and such policy and records related to such written policy
are subject to random audits conducted by the gaming commission.
 
JUSTIFICATION:
On September 23, 2021, the New York Office of the State Comptroller
(OSC) released an audit that uncovered the Chief Executive Officer of
Western New York Off-Track Betting Corp. (OTB) did not track his
personal use of his official vehicle and keep mileage logs, as all
employees were required to do. He also did not pay the annual fee of
$260 paid by other employees. He later reimbursed the OTB $3,484 after
an internal auditor found that he was not following the OTB's policy.
The OSC's key recommendations included:
* Ensure all employees assigned take-hOme vehicleS complete and file
accurate weekly mileage logs.
* Require employees to reimburse the OTB for personal use in a timely
manner.
This legislation would enact sensible restrictions and safeguards on
take-home vehicles for OTB associates.
 
PRIOR LEGISLATIVE HISTORY:
A.9394-A/S.7854-A of 2022
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
4186
2023-2024 Regular Sessions
IN ASSEMBLY
February 10, 2023
___________
Introduced by M. of A. PEOPLES-STOKES, WALLACE, RIVERA -- read once and
referred to the Committee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to prohibiting off-track betting corporation vehicles from
being used as take-home vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The racing, pari-mutuel wagering and breeding law is
2 amended by adding a new section 503-c to read as follows:
3 § 503-c. Prohibition on take-home vehicles. 1. No regional off-track
4 betting corporation shall issue to any board member, officer, or employ-
5 ee of such corporation, any contractor, subcontractor, consultant, or
6 other agent of such corporation, or any spouse, child, sibling or parent
7 residing in the principal place of abode of any of such foregoing
8 persons a motor vehicle. All motor vehicles leased, owned or otherwise
9 controlled by such corporation shall be returned to corporation property
10 when not being used for official business of such corporation.
11 2. Notwithstanding subdivision one of this section, a regional off-
12 track betting corporation shall be allowed to issue take-home vehicles
13 to employees and officers provided such corporation has a written policy
14 on take-home vehicles that is compliant with the office of the state
15 comptroller rules and regulations, that such written policy has been
16 approved by the gaming commission, and such policy and records related
17 to such written policy are subject to random audits conducted by the
18 gaming commission.
19 § 2. This act shall take effect on the sixtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02066-01-3