Section 101. New York state racing and wagering board

1. There is hereby
  created within the executive department the New York  state  racing  and
  wagering  board,  which  board  shall have general jurisdiction over all
  horse racing activities and all  pari-mutuel  betting  activities,  both
  on-track  and  off-track,  in  the  state  and  over  the  corporations,
  associations, and persons engaged therein. All the  powers,  duties  and
  functions  heretofore  conferred by law individually on the state racing
  commission, the state harness racing commission, the state quarter horse
  racing commission and the state off-track pari-mutuel betting commission
  are hereby transferred to the state racing and wagering board; the state
  racing commission,  the  state  harness  racing  commission,  the  state
  quarter  horse  racing  commission  and  the state off-track pari-mutuel
  betting commission shall cease to have such powers, duties and functions
  but shall continue in the form prescribed by section one  hundred  three
  of  this chapter.  The prior acts and orders, and the existing rules and
  regulations, of  the  individual  commissions  superseded  herein  shall
  continue  in full force and effect according to their existing terms and
  until amended, repealed, terminated, cancelled, or otherwise modified by
  the board.
    2. The board shall consist of three members to  be  appointed  by  the
  governor by and with the advice and consent of the senate. Not more than
  two  of  the  members  shall  belong  to  the  same political party. The
  governor shall designate one of the members as chairman of the board who
  shall be the chief executive officer of the agency and  shall  serve  in
  the  capacity  of chairman at the pleasure of the governor. The chairman
  and members shall not hold any other public office or public  employment
  for  which  they shall receive compensation, other than necessary travel
  or other expenses incurred in the performance  of  the  duties  of  such
  office  or  employment,  or  engage  in  any  private employment or in a
  profession or business, provided, however, that holding stock or  office
  in  a  corporation  which  does  not  interfere  or  conflict  with  the
  performance or proper discharge of his duties  in  the  public  interest
  shall not be deemed engagement in private employment or a profession.
    3.  The  members of the board shall hold office for terms of six years
  except that in the event of a vacancy  occurring  in  the  office  of  a
  member  by  death,  resignation  or  otherwise, his successor shall hold
  office for the unexpired term.
    4. The governor may remove any member  for  inefficiency,  neglect  of
  duty  or  misconduct  in  office  after giving him a copy of the charges
  against him, and an opportunity of being heard in person or  by  counsel
  in  his own defense, upon not less than ten days' notice. If such member
  shall be  removed,  the  governor  shall  file  in  the  office  of  the
  department  of  state  a complete statement of charges made against such
  member, and his findings thereon, together with a complete record of the
  proceeding.
    5. Each member shall receive a salary, within the amounts appropriated
  therefor, and shall be paid actual and necessary  expenses  incurred  in
  the performance of his official duties.
    6.  Two members of the board shall constitute a quorum for the purpose
  of conducting the business thereof.
    7. No member,  officer,  official  or  employee  of  the  board  shall
  participate  as  owner  of  a  horse or otherwise as a contestant in any
  horse race at  a  race  meeting  which  is  under  the  jurisdiction  or
  supervision  of  the  board,  or  have any pecuniary interest, direct or
  indirect, in the purse, prize, premium or stake  contested  for  at  any
  such  horse  race  or in the operations of any licensee or franchisee of
  the board. Participation as a contestant in any such  horse  race  by  a
  member, officer, other official or employee of the board in violation of

  this  prohibition shall terminate the term of his office as a member, or
  his services as an officer or official or employee of the board.
    8.  The  chairman of the board shall appoint such deputies, secretary,
  officers, representatives and counsel as the board may  deem  necessary,
  who  shall  serve  during  his  pleasure,  and  shall  also appoint such
  employees as the board may deem necessary, and  whose  duties  shall  be
  prescribed  by  the  board  and whose compensation shall be fixed by the
  board within the appropriations available therefor. It shall be the duty
  of the secretary to keep a full and faithful record of  the  proceedings
  of  the  board,  preserve  at the general office of the board all books,
  maps, documents and papers entrusted to his care,  prepare  for  service
  such  papers  and  notices  as  may be required of him by the board, and
  perform such other duties as the board may prescribe.
    9. Each member of the board, and such officers, employees or agents of
  the board as may be designated by the board for such purpose, shall have
  the power to administer oaths  and  examine  witnesses,  and  may  issue
  subpoenas  to  compel attendance of witnesses, and the production of all
  relevant and material reports, books, papers, documents,  correspondence
  and other evidence.
    10.  The  board may retain and employ private consultants and agencies
  on a contract basis for rendering  technical  or  other  assistance  and
  advice for the performance of its duties.
    11.  The  board shall, annually, make a full report to the governor of
  its proceedings for the preceding calendar year and such suggestions and
  recommendations as it shall deem desirable.