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State senators clash over Off Track Betting proposal

The new state budget includes language that would terminate all 17 of the region’s OTB commissioners and restructure the voting process.

BUFFALO, N.Y. — A clash between two Western New York state senators broke out on the Senate floor Tuesday evening, as New York lawmakers debated and passed a portion of the final state budget related to the region’s Off Track Betting in 15 counties.

The proposal — upon the budget’s complete passing — would terminate all 17 commissioners from the Western Regional OTB Corporation and restructure the voting process, tilting the power toward more populated counties like Erie and Monroe.

“It makes it more equitable and fair distribution of that board system,” State Sen. Tim Kennedy said.

It comes after a series of audits from the State Comptroller in 2021 that found the board misused funds and spent at least $121,000 on sporting events, concerts, food and alcohol for board members. 

It also found that its CEO Henry Wojtaszek used a company vehicle without reimbursing the organization in a timely manner.

“What we plan to do here through the approval of this bill is … root out what could be considered the worst and most corrupt system that's in place across the entire state,” Kennedy said.

But Republican State Senator George Borrello fought back, arguing that the change would strip power from less populated counties — even those that provide the most profits.

He referenced Batavia Downs in Genesee County which was named the most profitable OTB in 2021, bringing in nearly $12 million in net profits but receiving just 2.13% of the full disbursement of funds distributed among the 15 member counties.

The change now leaves the county with just two of the 100 total votes, while granting less lucrative Erie County 34% of the vote due to its population size.

“What you're ignoring is the will of the people, the people that actually do the hard work to generate that revenue,” Borrello said. “This is just another shameless power grab.”

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