§ 109-A — Separate board for facility siting

§ 109-a. Separate board for facility siting. The commission shall\nestablish a separate board to be known as the New York gaming facility\nlocation board to perform designated functions under article thirteen of\nthis chapter, the following provisions shall apply to the board:\n 1. The commission shall select five members and name the chair of the\nboard. Each member of the board shall be a resident of the state of New\nYork. No member of the legislature or person holding any elective or\nappointive office in federal, state or local government shall be\neligible to serve as a member of the board.\n 2. A majority of members of the board shall be appointed within one\nhundred eighty days of the date that title two-A of this article shall\nbecome law.\n 3. Qualifications of members. Members of the board shall each possess\nno less than ten years of responsible experience in fiscal matters and\nshall have any one or more of the following qualifications:\n (a) significant service as an accountant economist, or financial\nanalyst experienced in finance or economics;\n (b) significant service in an academic field relating to finance or\neconomics;\n (c) significant service and knowledge of the commercial real estate\nindustry; or\n (d) significant service as an executive with fiduciary\nresponsibilities in charge of a large organization or foundation.\n 4. No member of the board:\n (a) may have a close familial or business relationship to a person\nthat holds a license under this chapter;\n (b) may have any direct or indirect financial interest, ownership, or\nmanagement, including holding any stocks, bonds, or other similar\nfinancial interests in any gaming activities, including horse racing,\nlottery or gambling;\n (c) may receive or share in, directly or indirectly, the receipts or\nproceeds of any gaming activities, including horse racing, lottery or\ngambling;\n (d) may have a beneficial interest in any contract for the manufacture\nor sale of gaming devices, the conduct of any gaming activity, or the\nprovision of any independent consulting services in connection with any\nestablishment licensed under this chapter.\n 5. Board members are entitled to actual and necessary expenses\nincurred in the discharge of their duties but may not receive\ncompensation for their service on the board.\n 6. (a) The commission shall provide staff to the board.\n (b) The board may contract with a consultant to assist in the analysis\nof applications submitted for gaming facility licenses.\n (c) The board may contract with attorneys, accountants, auditors and\nfinancial and other experts to render necessary services.\n (d) All other state agencies shall cooperate with and assist the board\nin the fulfillment of its duties under this article and may render such\nservices to the board within their respective functions as the board may\nreasonably request.\n 7. Utilizing the powers and duties prescribed for it by article\nthirteen of this chapter, the board shall select, through a competitive\nprocess consistent with provisions of article thirteen of this chapter,\nnot more than seven gaming facility license applicants. Such selectees\nshall be authorized to receive a gaming facility license, if found\nsuitable by the commission. The board may select another applicant for\nauthorization to be licensed as a gaming facility if a previous selectee\nfails to meet licensing thresholds, is revoked or surrenders a license\nopportunity.\n