senate Bill S5054A

Extends the Catskill region to include the five counties comprising the city of New York; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO RACING, GAMING AND WAGERING
  • 04 / Jan / 2012
    • REFERRED TO RACING, GAMING AND WAGERING
  • 18 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO RACING, GAMING AND WAGERING
  • 18 / Jun / 2012
    • PRINT NUMBER 5054A
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1527
  • 21 / Jun / 2012
    • SUBSTITUTED BY A7301B

Summary

Extends the Catskill region off-track betting corporation to include the five counties comprising the city of New York.

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Bill Details

See Assembly Version of this Bill:
A7301B
Versions:
S5054
S5054A
Legislative Cycle:
2011-2012
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, add §§517-a, 517-b & 517-c, rpld §532 sub 7, RWB L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5054--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. LANZA, ADDABBO, HASSELL-THOMPSON, HUNTLEY, PARKER,
  SAVINO, STAVISKY -- read twice and ordered printed, and  when  printed
  to  be  committed  to  the Committee on Racing, Gaming and Wagering --
  recommitted to the Committee on Racing, Gaming and Wagering in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation to extending the Catskill region to include the five counties
  comprising  the  city  of  New  York;  and  to repeal subdivision 7 of
  section 532 of the racing, pari-mutuel wagering and breeding  law,  in
  relation to disposition of revenues

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 519 of  the  racing,  pari-mutuel
wagering  and breeding law, paragraph e as amended by chapter 260 of the
laws of 1987 and paragraphs f, g and h as amended by chapter 125 of  the
laws of 1997, is amended to read as follows:
  1.  "Region."  One or more of the following named regions comprised of
the counties indicated:
  a. Suffolk: Suffolk county;
  b. Nassau: Nassau county;
  c. [New York city: the five counties comprising the city of New York;
  d.] Catskill: Broome, Chemung, Chenango, Delaware,  Orange,  Rockland,
Sullivan,  Tioga,  Dutchess,  Tompkins,  Westchester, Putnam and Ulster,
RICHMOND, QUEENS, KINGS, BRONX AND NEW YORK counties;
  [e.] D. Capital District: Albany, Clinton, Columbia, Cortland,  Essex,
Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei-
da,  Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence,
Warren and Washington counties;
  [f.] E. Central: Lewis and Onondaga counties;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11149-05-2

S. 5054--A                          2

  [g.] F. Western:  Allegany,  Cattaraugus,  Cayuga,  Chautauqua,  Erie,
Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe-
go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties;
  [h.] G. Notwithstanding the other provisions of this subdivision, when
and  if  the  Central  regional  off-track betting corporation is estab-
lished, it shall include, in addition to the counties  listed  in  para-
graph  [f]  E,  the  following:  Cayuga,  Chenango,  Cortland, Franklin,
Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins  coun-
ties.
  S  2.  The racing, pari-mutuel wagering and breeding law is amended by
adding three new sections 517-a, 517-b and 517-c to read as follows:
  S 517-A. CATSKILL OFF-TRACK BETTING CORPORATION SITE SELECTION  BOARD.
1.  THE PURCHASE OR LEASE OF ANY PROPERTY TO BE USED IN WHOLE OR IN PART
AS AN OFF-TRACK BETTING  FACILITY  BY  THE  CATSKILL  OFF-TRACK  BETTING
CORPORATION  IN  THE  CITY  OF  NEW  YORK,  SHALL  BE CONDITIONED ON THE
APPROVAL OF THE SITE SELECTION BOARD. FOR PURPOSES OF THIS SECTION,  THE
SITE  SELECTION  BOARD SHALL BE COMPOSED OF: THE CHIEF EXECUTIVE OFFICER
OF THE URBAN DEVELOPMENT CORPORATION; A DESIGNEE OF  THE  MAYOR  OF  THE
CITY  OF  NEW  YORK;  WITH  RESPECT TO A BRANCH OFFICE LOCATED WHOLLY OR
PARTLY WITHIN A BOROUGH OF THE CITY, THE PRESIDENT OR PRESIDENTS OF  THE
BOROUGH  OR BOROUGHS, OR THE PRESIDENT'S DESIGNEE, IN WHICH THE PROPOSED
SITE IS LOCATED; THE CHAIR OF THE COMMUNITY BOARD, OR THE CHAIR'S DESIG-
NEE, REPRESENTING  THE  NEIGHBORHOOD  IN  WHICH  THE  PROPOSED  SITE  IS
LOCATED;  AND  THE  COMPTROLLER  OF  THE  CITY OF NEW YORK, OR THE COMP-
TROLLER'S  DESIGNEE.
  2. THE SITE SELECTION BOARD, AS DEFINED IN THIS SECTION SHALL  OPERATE
PURSUANT TO THE FOLLOWING PROCEDURES:
  A. EVERY ACT OF THE BOARD SHALL BE BY RESOLUTION ADOPTED BY A MAJORITY
OF  THE  VOTES  CAST  BY ALL THE MEMBERS. NO RESOLUTION SHALL BE ADOPTED
EXCEPT AFTER A PUBLIC HEARING, NOTICE OF WHICH SHALL BE PUBLISHED IN THE
STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A  NEWSPAPER  OF
GENERAL  CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS IMME-
DIATELY PRECEDING SAID HEARING.
  B. MEETINGS OF THE SITE SELECTION BOARD SHALL BE CALLED EITHER:    (I)
AS  DIRECTED  BY  THE  BOARD  UPON NOTICE THEREOF PUBLISHED IN THE STATE
REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS; OR
  (II) UPON WRITTEN NOTICE TO THE BOARD BY  THE  PRESIDENT  OF  CATSKILL
OFF-TRACK  BETTING  CORPORATION  THAT  A  SITE  FOR AN OFF-TRACK BETTING
BRANCH OFFICE IS  UNDER  CONSIDERATION  BY  CATSKILL  OFF-TRACK  BETTING
CORPORATION  FOR  LEASE  OR  ACQUISITION.  A COPY OF SUCH WRITTEN NOTICE
SHALL BE PUBLISHED IN THE STATE REGISTER FOR  SIX  CONSECUTIVE  BUSINESS
DAYS  AND  IN  A  NEWSPAPER  OF  GENERAL CIRCULATION IN THE CITY FOR TWO
CONSECUTIVE BUSINESS DAYS. ALL MEETINGS OF THE  BOARD  SHALL  BE  WITHIN
SEVEN  CONSECUTIVE  BUSINESS  DAYS  OF  THE DATE ON WHICH NOTICE OF SAID
MEETINGS IS FIRST PRINTED IN THE  STATE  REGISTER  FOR  SIX  CONSECUTIVE
BUSINESS  DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR
TWO CONSECUTIVE BUSINESS DAYS.
  C. THE SITE SELECTION BOARD SHALL HAVE POWER AND  AUTHORITY  TO  ADOPT
AND  AMEND  RULES AND REGULATIONS FOR THE CONDUCT OF ITS BUSINESS AND TO
CARRY OUT ITS POWERS AND DUTIES; PROVIDED, HOWEVER, THAT THE BOARD SHALL
ADOPT RULES WHICH REQUIRE BOARD ACTION ON A PROPOSED SITE WITHIN  THIRTY
DAYS  OF  THE BOARD'S PUBLIC HEARING PROVIDED FOR HEREIN AND THAT BY ITS
FAILURE TO ACT WITHIN THIRTY DAYS THE BOARD  SHALL  BE  DEEMED  TO  HAVE
APPROVED THE SITE.

S. 5054--A                          3

  3.  FOR PROPOSED SITES THAT HAD BEEN APPROVED PRIOR TO DECEMBER SIXTH,
TWO THOUSAND TEN, THE PRESIDENT OF  CATSKILL  OFF-TRACK  BETTING  CORPO-
RATION  SHALL  PROVIDE  WRITTEN  NOTICE TO THE SITE SELECTION BOARD THAT
SUCH SITE IS UNDER CONSIDERATION BY CATSKILL  OFF-TRACK  BETTING  CORPO-
RATION FOR LEASE OR ACQUISITION. IF THE BOARD FAILS TO ACT WITHIN THIRTY
DAYS  OF  RECEIVING  SUCH  WRITTEN NOTICE FROM THE PRESIDENT OF CATSKILL
OFF-TRACK BETTING  CORPORATION,  THE  BOARD  SHALL  BE  DEEMED  TO  HAVE
APPROVED  THE  SITE. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS
SECTION, NO PUBLIC NOTICE OR PUBLIC HEARING SHALL BE REQUIRED  PRIOR  TO
THE  SITE  SELECTION  BOARD'S  CONSIDERATION  OF  A  SITE  THAT HAD BEEN
APPROVED PRIOR TO DECEMBER SIXTH, TWO THOUSAND TEN.
  S 517-B. CATSKILL OFF-TRACK BETTING CORPORATION:  COLLECTIVE  BARGAIN-
ING.    NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW, TO THE EXTENT THAT
CATSKILL OFF-TRACK BETTING CORPORATION OPENS FACILITIES WITHIN THE  FIVE
BOROUGHS  OF  THE CITY OF NEW YORK TO ENGAGE IN OFF-TRACK BETTING OR THE
SUPPORT THEREOF, SUCH REGION SHALL RECOGNIZE THE  COLLECTIVE  BARGAINING
REPRESENTATIVES  OF THE EMPLOYEES OF THE NEW YORK CITY OFF-TRACK BETTING
CORPORATION AS OF DECEMBER SIXTH, TWO THOUSAND TEN, AND SHALL  ABIDE  BY
AGREEMENTS   NEGOTIATED   BETWEEN   SUCH  REPRESENTATIVES  AND  CATSKILL
OFF-TRACK BETTING CORPORATION.  NOTHING CONTAINED IN THIS ACT  SHALL  BE
CONSTRUED  TO DIMINISH THE RIGHTS OF EMPLOYEES PURSUANT TO PARAGRAPH (E)
OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-A OF  THE  CIVIL  SERVICE
LAW.
  S  517-C.  CATSKILL OFF-TRACK BETTING CORPORATION: BUSINESS PLAN.  THE
CATSKILL OFF-TRACK BETTING CORPORATION SHALL SUBMIT FOR APPROVAL TO  THE
RACING  AND WAGERING BOARD, OR ITS SUCCESSOR, A BUSINESS PLAN, INCLUDING
BUT NOT LIMITED TO, OUTLINING INVESTMENTS,  PROJECTED  OPERATING  COSTS,
PROJECTED  REVENUES,  PROJECTED  LOCATIONS  (BOTH BARS AND REAL-PROPERTY
THAT WOULD NEED TO BE ACQUIRED), PROJECTED EMPLOYMENT  NEEDS,  PROJECTED
CONTRACTS  FOR SERVICES OR OTHER THIRD PARTIES, PROJECTED FORMS OF PARI-
MUTUEL WAGERING AT EACH LOCATION, AS WELL AS OTHER  DETAILS  THE  RACING
AND  WAGERING  BOARD,  OR ITS SUCCESSOR, DEEMS RELEVANT TO DETERMINE THE
SUCCESS OF CATSKILL OFF-TRACK BETTING CORPORATION ACCEPTING BETS  WITHIN
THE FIVE BOROUGHS IN NEW YORK CITY.
  PRIOR  TO FINAL APPROVAL, THE BOARD, OR IT SUCCESSOR, IS AUTHORIZED TO
REQUIRE AMENDMENTS AND CLARIFICATIONS TO THE PLAN  TO  ENSURE  THAT  THE
PLAN IS FINANCIALLY FEASIBLE; THE LABOR AGREEMENTS ARE HONORED; AND THAT
THE  INTERESTS  OF THE BETTING PUBLIC ARE CONSIDERED. CATSKILL OFF-TRACK
BETTING CORPORATION SHALL NOT BE AUTHORIZED TO  IMPLEMENT  ANY  PART  OF
SUCH  PLAN  UNTIL  THE  RACING  AND  WAGERING  BOARD,  OR ITS SUCCESSOR,
APPROVES OF SUCH PLAN. THE RACING AND WAGERING BOARD, OR ITS  SUCCESSOR,
SHALL  ACT  ON THE CATSKILL OFF-TRACK BETTING CORPORATION'S PLAN AS SOON
AS PRACTICAL BUT NO LATER THAN THIRTY DAYS AFTER THE PLAN HAS BEEN FULLY
SUBMITTED TO THE BOARD, OR ITS SUCCESSOR.
  S 3. Subdivision 7 of section 532 of the racing, pari-mutuel  wagering
and breeding law is REPEALED.
  S  4.  Notwithstanding any inconsistent provision of this chapter, any
payments that the Catskill off-track betting corporation would otherwise
make to the counties of Richmond, Queens,  Kings,  Bronx  and  New  York
pursuant  to  the racing, pari-mutuel wagering and breeding law shall be
payable to the general fund of the city of New York.
  S 5. Notwithstanding any other provision of law or regulation  to  the
contrary, two and one-half million dollars in Catskill off-track betting
corporation's  capital  acquisition fund established pursuant to section
509-a of the racing, pari-mutuel wagering  and  breeding  law  shall  be

S. 5054--A                          4

available  to  Catskill  off-track betting corporation for any corporate
purpose.
  If Catskill off-track betting corporation chooses to utilize up to two
and  one-half million dollars in its capital acquisition fund for corpo-
rate purposes, it shall do so by providing written notification  to  the
racing  and  wagering  board, or its successor, at least fifteen days in
advance of its decision to utilize monies for corporate purposes. During
such time that Catskill off-track betting corporation  uses  its  monies
for corporate purposes, it shall not be authorized to impose the supple-
mental  one  per  centum  surcharge  established  by  subdivision 3-a of
section 532 of the racing, pari-mutuel wagering and breeding law.
  Catskill off-track betting corporation may use its monies  for  corpo-
rate  purposes  until the two and one-half million dollars authorized by
this section have been exhausted or until such time that the corporation
elects to discontinue such corporate use and has notified the racing and
wagering board, or its  successor,  in  writing  of  its  decision.  The
supplemental  one per centum surcharge established by subdivision 3-a of
section 532 of the racing, pari-mutuel wagering and breeding  law  shall
only  be  reinstated  one year following: (i) Catskill off-track betting
corporation's written notification of discontinuance to the  racing  and
wagering  board, or its successor; or (ii) one year following exhaustion
of the two and one-half million dollars authorized by this section. Once
the supplemental surcharge has been reimposed, the  capital  acquisition
fund shall only be used for the purposes enumerated within section 509-a
of the racing, pari-mutuel wagering and breeding law.
  S 6. This act shall take effect immediately.

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