§ 102 — New York state gaming commission

§ 102. New York state gaming commission. 1. There is hereby created\nwithin the executive department the New York state gaming commission.\nThe commission shall consist of seven members appointed by the governor\nby and with the advice and consent of the senate. Of the seven members,\none shall be appointed upon the recommendation of the temporary\npresident of the senate and one shall be appointed upon the\nrecommendation of the speaker of the assembly. All members shall\ncontinue in office until their successors have been appointed and\nqualified.\n 2. Members of the commission shall each possess no less than five\nyears of responsible administrative experience in public or business\nadministration and have any one or more of the following qualifications:\n (a) significant service as a certified public accountant experienced\nin accounting and auditing,\n (b) a comprehensive knowledge of corporate finance and securities,\n (c) professional experience in gaming or racing regulatory\nadministration or gaming or racing industry management,\n (d) significant experience in the fields of criminal investigation,\nlaw enforcement, or law, or\n (e) significant experience in the prevention or treatment of problem\ngambling.\n 3. A member shall be designated as chair of the commission by the\ngovernor to serve in such capacity at the pleasure of the governor or\nuntil his or her term as commission member expires, whichever first\noccurs. The members shall be appointed for terms of five years;\nprovided, however, that initial appointments to the commission shall be\nfor terms as follows:\n (a) one member appointed by the governor shall serve for a one year\nterm, one member appointed by the governor shall serve for a two year\nterm, one member appointed by the governor shall serve for a three year\nterm, one member appointed by the governor shall serve for a four year\nterm, one member appointed by the governor shall serve for a five year\nterm; and\n (b) each of the members appointed by the governor upon the\nrecommendation of the temporary president of the senate and upon the\nrecommendation of the speaker of the assembly shall serve for a four\nyear term.\n 4. The members shall, when performing the work of the commission, be\ncompensated at a rate of three hundred dollars per day, together with an\nallowance for actual and necessary expenses incurred in the discharge of\ntheir duties.\n 5. The members of the commission shall not hold any other public\noffice or public employment for which they shall receive compensation,\nother than necessary travel or other expenses incurred in the\nperformance of the duties of such office or employment. Members may\nengage in private employment or in a profession or business, provided,\nhowever, such employment does not interfere or conflict with the\nperformance or proper discharge of his or her duties.\n 6. Each member of the commission shall be a resident of the state of\nNew York. No member of the legislature or person holding any elective or\nappointive office in the federal, state or local government shall be\neligible to serve as a member of the commission.\n 7. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him or her a copy of the\ncharges against them, and an opportunity of being heard in person or by\ncounsel in their own defense, upon not less than ten days' notice. If\nsuch member shall be removed, the governor shall file in the office of\nthe department of state a complete statement of charges made against\nsuch member, and his or her findings thereon, together with a complete\nrecord of the proceeding.\n