Racing & Wagering Board

The enacted budget makes the following changes to the Executive Budget appropriations (analysis as of March 27, 2012):

·        Merges the Division of Lottery and the Racing and Wagering Commission into the NYS Gaming Commission, effective October 1, 2012.

·        Adds $1 million for administration of the State Gaming Commission (in the State Gaming Commission appropriation)

·        Does not include the interchange/transfer authority included in most state agency budgets.

·        The SFY 2012-13 enacted budget (S6258D/A9058D Part Y) rejects the Executive Budget proposal to privatize functions currently performed by the State Racing and Wagering Board by allowing racetrack operators to employ the starters and judges. Starters and judges remain state employees; racetrack operators will reimburse the State for their cost.

The Senate and Assembly recommend (analysis as of March 14, 2012):

The Senate and Assembly reject the Executive proposal to merge the State Racing and Wagering Board with the Division of Lottery.

The Assembly approves the Executive Budget proposal to privatize functions currently performed by the State Racing and Wagering Board by allowing racetrack operators to employ the starters and judges.

The Senate rejects the Executive Budget proposal to privatize functions currently performed by the State Racing and Wagering Board by allowing racetrack operators to employ the starters and judges.

The Executive Budget recommends (analysis as of January 23, 2012):

A SFY 2012-13 workforce of 105 FTEs, with no anticipated changes to the FTE level.  There was no change during the current fiscal year. The following chart identifies adjustments in the current fiscal year FTEs along with the recommended differences in FY 2011-12 FTEs by program:

·  Proposes merger between Racing and Wagering Board and the Division of the Lottery into a newly created NYS Gaming Commission.

·  Proposes “restacking” or consolidating its downstate district offices per the SAGE Commission recommendations.

·  Shifting the costs of two on-track officials at harness racing tracks to the track owners, consistent with the cost allocation at thoroughbred racing tracks.

·  An All Funds appropriation of $21.68 million, a decrease of $565,000 thousand, or -2.5%.

·  The total appropriation for Personal Service is $8.96 million, a decrease of $565,300, or -5.8%.  The entire reduction is in the Regulation of Racing SRO account.

·  The total appropriation for Contractual Services is $6.6 million, which is unchanged from prior SFY.

·  The Racing and Wagering Board does not appear to employ any consultant employees.

Article VII legislation:

o   Merge the Division of the Lottery and the Racing and Wagering Board into the newly created New York State Gaming Commission.  The bill contains language that preserves employees’ current civil service status and collective bargaining unit but does not subject the transfer to section 70.2 of the Civil Service Law which provides greater protections to employees. In addition another proposal in the Transportation and Economic Development article VII bill (A9058/S6258, Part Y) would authorize licensed harness racing associations and corporations to appoint and employ the starter and one of the officiating judges at pari-mutuel harness race meetings. Currently PEF represents 13 Associate Judges and 4 Starters; it is unclear how they would be affected by this proposal as Executive Budget documents show no change in the Racing and Wagering Board workforce. (A9060/S6260 Part A)