New York 2025-2026 Regular Session

New York Assembly Bill A07338

Introduced
3/25/25  
Refer
3/25/25  

Caption

Provides exceptions to the three-year prohibition of employment with the New York state gaming commission; excludes starters from the three-year prohibition; allows the commission to provide exceptions during the hiring process.

Summary

This bill amends the Racing, Pari-Mutuel Wagering and Breeding Law to create exceptions to the existing three-year “cooling-off” restriction on employment with the New York State Gaming Commission. Under current law, a person generally cannot be appointed to or employed by the commission if they had a direct or indirect interest in, or employment by, a gaming entity in the prior three years. The bill carves out an exception for current or former employees of gaming-related corporations or associations whose jobs were incidental to gaming operations and who did not have a stake in gaming outcomes, were not shareholders, board members, or upper-management, and otherwise meet the bill’s criteria. The bill specifically references disinterested roles in gaming functions, including starters, as an example of covered positions. The measure also preserves and clarifies other ethics restrictions for commission personnel. It requires prospective commission members, officers, and employees to affirm they have no interest in entities holding commission-issued licenses or permits, and it extends post-employment restrictions for commissioners and officers for four years and for employees for two years after leaving the commission. In addition, the commission may waive the pre-employment restrictions by unanimous vote at a properly noticed public meeting for prospective employees whose duties are primarily on racetrack grounds, if it finds good cause and determines no other qualified candidates with the needed experience are available. The bill takes effect immediately. The bill’s impact is to narrow the scope of the existing employment ban for the gaming commission while keeping the broader conflict-of-interest framework in place. It would allow certain lower-level or incidental gaming-industry workers to be considered for commission jobs without waiting three years, potentially expanding the pool of eligible applicants for specialized or racetrack-based positions. At the same time, it maintains restrictions intended to prevent revolving-door conflicts between the commission and regulated gaming interests. The general sentiment reflected by the bill text and caption is pragmatic and permissive toward hiring flexibility, suggesting support for recruiting experienced workers where their prior roles do not create meaningful conflicts. Because no committee transcript or vote record is provided, there is no documented opposition or recorded debate in the supplied materials. The main point of potential contention is the balance between ethics safeguards and hiring flexibility: supporters would likely emphasize the need to fill specialized positions and recognize incidental employees, while critics might worry that the exceptions could weaken anti-conflict protections or create loopholes in commission hiring standards.

Impact

The bill would amend section 107 of the Racing, Pari-Mutuel Wagering and Breeding Law to create a new exception to the three-year pre-employment prohibition for the New York State Gaming Commission, while leaving existing post-employment and conflict-of-interest rules largely intact. It would affect applicants for commission jobs, current and former gaming-industry employees, and commission members, officers, and employees by clarifying who may be hired and under what conditions, and by authorizing unanimous-vote waivers for certain racetrack-ground positions.

Sentiment

The available materials suggest a generally practical, hiring-flexibility-oriented approach rather than a controversial policy shift. The bill appears designed to address staffing needs and recognize that some gaming-industry employees have only incidental involvement in gaming outcomes. No votes or committee transcript are provided, so there is no direct evidence of organized support or opposition in the record supplied here.

Contention

The central tension is between ethics and recruitment. Supporters are likely to favor the exception for employees whose roles are incidental to gaming and who lack ownership or management ties, especially for positions such as starters or racetrack-ground staff. Potential critics may argue that any exception to the three-year ban could weaken safeguards against conflicts of interest and open the door to favoritism or undue influence in commission hiring. The unanimous-vote waiver provision may also draw scrutiny because it gives the commission discretion to bypass the restriction for good cause.

Companion Bills

NY S07704

Same As Provides exceptions to the three-year prohibition of employment with the New York state gaming commission; excludes starters from the three-year prohibition; allows the commission to provide exceptions during the hiring process.

Previously Filed As

NY S07704

Provides exceptions to the three-year prohibition of employment with the New York state gaming commission; excludes starters from the three-year prohibition; allows the commission to provide exceptions during the hiring process.

NY A09343

Directs the state gaming commission to prohibit in-play sports wagers from bettors in this state.

NY SB10

Employment prohibition exceptions; apprenticeship program for children 16 years of age or older.

NY HB275

Employment prohibition exceptions; apprenticeship program for children 16 years of age or older.

NY S08238

Relates to self-exclusion provisions; provides for moneys forfeited by self-exclusion to be deposited in certain gaming commission accounts.

NY SB1498

Labor; prohibiting certain hiring practices; permitting certain policies during the hiring process; providing exceptions to applicability of provisions. Effective date.

NY HB4115

Relating to health care providers; and prescribing an effective date.

NY A07588

Enacts the "New York small business growth and support act"; authorizes certain tax exemptions for newly established small businesses during their first three years of operations.

NY S06840

Increases the amount of years of military service credit a member may purchase from three years to four years; provides that the provisions of such act shall not be subject to the requirement that the state shall make an equal payment to the retirement system.

NY A08593

Increases the amount of years of military service credit a member may purchase from three years to four years; provides that the provisions of such act shall not be subject to the requirement that the state shall make an equal payment to the retirement system.

Similar Bills

No similar bills found.