senate Bill S5705B

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

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 06 / Jun / 2013
    • REFERRED TO RACING, GAMING AND WAGERING
  • 08 / Jan / 2014
    • REFERRED TO RACING, GAMING AND WAGERING
  • 02 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO RACING, GAMING AND WAGERING
  • 02 / Jun / 2014
    • PRINT NUMBER 5705A
  • 11 / Jun / 2014
    • AMEND BY RESTORING TO ORIGINAL PRINT 5705
  • 12 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO RACING, GAMING AND WAGERING
  • 12 / Jun / 2014
    • PRINT NUMBER 5705B
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1666
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2014
    • REFERRED TO WAYS AND MEANS

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4236
Versions:
S5705
S5705A
S5705B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, rpld §532 sub 7, add §§517-a, 517-b & 517-c, RWB L
Versions Introduced in 2011-2012 Legislative Cycle:
S5054A, A7301B

Sponsor Memo

BILL NUMBER:S5705B

TITLE OF BILL: 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 relating to disposition of revenues

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
include Richmond, Queens, Kings, Bronx, and New York counties in the
Catskill region.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of § 519 of the racing, pari-mutuel
wagering and breeding law to include Richmond, Queens, Kings, Bronx,
and New York counties in the Catskill region.

Section 2 amends article V of the racing, pari-mutuel wagering and
breeding law by adding a new § 517-A to require the site selection
beard to have jurisdiction over all Catskill off-track betting
corporation's site development in New York City.

Amends article V of the racing, pari-mutuel wagering and breeding law
by adding a new section 517-B to recognize the collective bargaining
representatives of the employees of the New York City off-track
betting corporation as of December. 6, 2010 and abide by agreements
negotiated between such representatives, and Catskill off-track
betting corporation.

Amends article 5 of the racing, pari-mutuel wagering and breeding law
by adding a new section 517-C to require Catskill off-track betting
corporation to provide a business plan to the NYS Racing and Wagering
Board, for approval, prior to any implementation of the business plan.

Section 3 repeals section 532 subdivision 7.

Section 4 requires any payments that the Catskill off-track betting
corporation would otherwise pay to the counties of Richmond, Queens,
Kings, Bronx, and New York will be payable to the general fund of the
City of New York.

Section 5 provides for the limitation on the use of the capital
acquisition fund for corporate purposes as well as the ability to
impose the supplemental 1% surcharge established by § 532 (3-a) of the
racing, pari-mutuel wagering and breeding law.

Section 6 provides for the effective date.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Article 5
provides for the provisions that govern regional off-track betting
corporations.

JUSTIFICATION: As the only profitable off-track betting corporation in
the country, the Catskill region corporation sees this as an
opportunity to increase revenue for both the corporation and the
state.


PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5705--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 6, 2013
                               ___________

Introduced  by  Sens.  LANZA,  AVELLA, DILAN, HASSELL-THOMPSON, PERKINS,
  SMITH -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Racing, Gaming and Wagering -- recommit-
  ted to the Committee on Racing, Gaming and Wagering in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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
  relating 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07676-06-4

S. 5705--B                          2

  [f.] E. Central: Lewis and Onondaga counties;
  [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. 5705--B                          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 SECTION  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. 5705--B                          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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.