* § 212. Franchise oversight board. 1. There is hereby created a\nfranchise oversight board which shall consist of five members. Of the\nfive members, three shall be appointed by the governor, one shall be\nappointed by the temporary president of the senate and one shall be\nappointed by the speaker of the assembly. Of the initially appointed\nboard, 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, and one member appointed by the governor shall serve for a three\nyear term. The members appointed by the temporary president of the\nsenate and the speaker of the assembly shall serve for a four year term.\nAll successors shall serve for a term of four years. All members shall\ncontinue in office until their successors have been appointed and\nqualified. The governor shall designate the chair from among the sitting\nmembers who shall serve as such at the pleasure of the governor.\n 2. The members shall serve without compensation for their services as\nmembers, but shall be entitled to reimbursement for actual and necessary\nexpenses incurred in the performance of their duties. The state shall\nsave harmless and indemnify members of the board and any officer,\nemployee, agent or other person or persons pursuant to section seventeen\nof the public officers law against any claim, demand, suit or judgment\narising by reason of any act or omission to act by such member, officer,\nemployee, agent or person occurring in the discharge of his or her\nduties and within the scope of his or her service on behalf of the\nfranchise oversight board.\n 3. Such members, except as otherwise provided by law, may engage in\nprivate or public employment, or in a profession or business. The board,\nits members, officers and employees shall be subject to the provisions\nof sections seventy-three and seventy-four of the public officers law.\nNo former trustee or officer of a non-profit racing association known as\nThe New York Racing Association, Inc. or its predecessor, no current\ndirector or officer of a franchised corporation or any individual\nregistered with the New York commission on public integrity shall be\nappointed as members to the board nor shall any member of the board have\nany direct or indirect interest in any racehorse, thoroughbred racing or\npari-mutuel wagering business, video lottery terminal facility or any\ndevelopment at any racing facility.\n 4. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state or of any civil\ndivision thereof shall be deemed to have forfeited or shall forfeit\ntheir office or employment by reason of their acceptance of membership\non the board created by this section.\n 5. The affirmative vote of three members shall be necessary for the\ntransaction of any business or the exercise of any power or function of\nthe franchise oversight board except as otherwise provided here in this\narticle.\n 6. Within thirty days following the appointment of the members of the\nfranchise oversight board, the members of the oversight board shall\nestablish a local advisory board for each racing operation comprising\nthe following members to meet at least twice yearly:\n a. The local advisory board for the Saratoga racetrack facility shall\ncomprise fifteen members and include five designees from each of the\nfollowing: the board of supervisors, the mayor of the city of Saratoga\nand the franchised corporation.\n b. (i) The local advisory board for the Aqueduct racetrack facility\nshall comprise of fifteen members, nine of whom shall be designees of\nNew York City Queens Community Board Ten, three designees of the\nfranchised corporation and three designees of the video lottery gaming\noperator. At substantial completion of the Belmont project, as\ndetermined by the gaming commission, this board shall be dissolved.\n (ii) (A) Notwithstanding subparagraph (i) of th
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