senate Bill S6433

Relates to the casino siting home rule

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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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  • 23 / Jan / 2014
    • REFERRED TO RACING, GAMING AND WAGERING

Summary

Relates to the casino siting home rule.

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Bill Details

See Assembly Version of this Bill:
A8774
Versions:
S6433
Legislative Cycle:
2013-2014
Current Committee:
Senate Racing, Gaming And Wagering
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §§1314, 1320 & 1366, RWB L; amd §1617-a, Tax L

Sponsor Memo

BILL NUMBER:S6433

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law and the tax law, in relation to the casino siting home
rule

PURPOSE OR GENERAL IDEA OF BILL:

This legislation amends several statutes within Article 13 of the
state racing, pari-mutuel wagering, and breeding law pertaining to the
casino siting process. Specifically, this bill would require that
local support for the siting of a casino in a specific municipality be
demonstrated through the passage of local laws or resolutions in
support by said municipality.

In addition, the bill amends Article 13 to make explicit that
construction of any casino or destination resort affiliated with a
casino comply with the state environmental quality review act. The
bill would also prohibit the transfer of land to the state, any
municipal corporation, or any agency or authority thereof for the
construction of a casino as a means of avoiding compliance with local
zoning regulations and requirements as established by host
municipalities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 1314 of article
13 in the racing law to make explicit that local support for a casino
shall be shown through the passage of local laws or resolutions in
support by both the host municipality and county.

Section 3 of the bill amends section 1366 of article 13 in the racing
law to require the construction of any class III gaming facility or
new video lottery terminal facility comply with the state
environmental quality review act. This section also prohibits the
transfer of land to the state, any municipal corporation, or any
agency or authority thereof for the construction of a casino as a
means of avoiding compliance with local zoning regulations and
requirements as established by host municipalities.

Section 5 of the bill is the effective date.

JUSTIFICATION:

Following passage of the casino referendum in the fall of 2013, it has
become clear that many local municipalities, counties, and advocacy
organizations are struggling with whether or not a casino should be
built within its borders. While casinos offer the potential for
economic development, they also have the potential to bring with them
social problems associated with gambling addiction, such as increases
in crime, domestic violence and financial instability. In addition,
casinos may close off other economic development strategies that
localities prefer to pursue.

Unfortunately, the enabling legislation passed by the legislature did
not contain any home rule provision that would allow a municipality to
explicitly reject a casino if the residents therein did not want one.


This effectively allows the state to place a casino in an area
notwithstanding local opposition.

This bill would amend the enabling legislation to require a locality
to pass a measure of support if it would like a casino built.

New York State has long recognized the importance of home rule, and
requires local home rule messages on a host of issues with less
community impact than the siring of a casino. Other states have also
recognized the importance of a local role in determining casino
siting. Massachusetts, which also recently passed legislation
authorizing casinos, has strong, clear language regarding the right of
localities to approve or reject the siting of casinos.

The bill also helps maintain local control by requiring the
construction of any casino be subject to all local land use and zoning
rules and regulations. Finally, in order to ensure that the
significant environmental impacts of any casino are fully identified
and mitigated, the bill subjects the siting or all casinos to the
state environmental quality review act.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATION:

None

EFFECTIVE DATE:

This bill would take effect immediately.

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

                                  6433

                            I N  S E N A T E

                            January 23, 2014
                               ___________

Introduced  by Sens. KRUEGER, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Racing,  Gaming
  and Wagering

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law and
  the tax law, in relation to the casino siting home rule

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

  Section  1.  Subdivision  2 of section 1314 of the racing, pari-mutuel
wagering and breeding law, as added by chapter 174 of the laws of  2013,
is amended to read as follows:
  2.  As  a condition of filing, each potential license applicant [must]
SHALL demonstrate to the [board's satisfaction] BOARD that local support
has been demonstrated THROUGH THE ENACTMENT OF LOCAL LAWS OR RESOLUTIONS
IN SUPPORT BY THE HOST MUNICIPALITY AND COUNTY.
  S 2. Paragraph (b) of subdivision 2 of section  1320  of  the  racing,
pari-mutuel  wagering  and  breeding law, as added by chapter 174 of the
laws of 2013, is amended to read as follows:
  (b) gaining public support in the host and nearby municipalities which
[may] SHALL be demonstrated through the  [passage]  ENACTMENT  of  local
laws [or public comment received by the board or gaming applicant];
  S  3.  Section  1366  of the racing, pari-mutuel wagering and breeding
law, as added by chapter 174 of the laws of 2013, is amended to read  as
follows:
  S 1366. Zoning.  1. THE STATE, ANY MUNICIPAL CORPORATION OR ANY AGENCY
OR  AUTHORITY  THEREOF SHALL BE PROHIBITED FROM ACQUIRING LAND NECESSARY
FOR THE CONSTRUCTION OR DEVELOPMENT OF A  CLASS  THREE  GAMING  FACILITY
PURSUANT TO THIS ARTICLE.
  2.  Notwithstanding  any inconsistent provision of law, gaming author-
ized at a location pursuant to this article shall be deemed an  approved
activity  for  such  location  under the relevant city, county, town, or
village land use or zoning ordinances, rules, or regulations.
  3. THE REQUIREMENTS SET FORTH HEREIN  SHALL  BE  IN  ADDITION  TO  THE
REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW
ACT  UNDER  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13244-02-4

S. 6433                             2

IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617 AND ANY OTHER
GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS THERETO.
  S  4.  The opening paragraph of subdivision a of section 1617-a of the
tax law, as amended by section 2 of part O1 of chapter 57 of the laws of
2009, is amended to read as follows:
  The division of the lottery is hereby authorized to license,  pursuant
to  rules  and  regulations  to  be  promulgated  by the division of the
lottery, the operation of video lottery gaming at Aqueduct,  Monticello,
Yonkers,  Finger  Lakes,  and  Vernon  Downs racetracks, or at any other
racetrack licensed pursuant to article three of the racing,  pari-mutuel
wagering  and  breeding  law that are located in a county or counties in
which video lottery gaming has been authorized pursuant  to  local  law,
excluding  the  licensed racetrack commonly referred to in article three
of the racing, pari-mutuel wagering and breeding law as  the  "New  York
state  exposition"  held  in  Onondaga  county and the racetracks of the
non-profit racing association known as Belmont Park  racetrack  and  the
Saratoga  thoroughbred  racetrack.    Such  rules  and regulations shall
provide, as a condition of licensure, that racetracks to be licensed are
certified to be in compliance with all state and local fire  and  safety
codes, that the division is afforded adequate space, infrastructure, and
amenities consistent with industry standards for such video gaming oper-
ations  as found at racetracks in other states, that racetrack employees
involved in the operation of  video  lottery  gaming  pursuant  to  this
section  are  licensed  by the racing and wagering board, and such other
terms and  conditions  of  licensure  as  the  division  may  establish.
Notwithstanding  any inconsistent provision of law, video lottery gaming
at a racetrack pursuant to this section  shall  be  deemed  an  approved
activity  for  such  racetrack under the relevant city, county, town, or
village land use or zoning ordinances, rules, or regulations  AND  SHALL
BE  IN ADDITION TO THE REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVI-
RONMENTAL QUALITY REVIEW ACT UNDER ARTICLE EIGHT  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW AND ITS IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN
6 NYCRR 617 AND ANY OTHER GENERAL LAWS RELATING  TO  LAND  USE  AND  ANY
AMENDMENTS  HERETO.  No  entity licensed by the division operating video
lottery gaming pursuant to this section may house such  gaming  activity
in  a  structure deemed or approved by the division as "temporary" for a
duration of longer than eighteen-months. Nothing in this  section  shall
prohibit  the division from licensing an entity to operate video lottery
gaming at an existing racetrack as authorized in this subdivision wheth-
er or not a different entity is licensed to  conduct  horse  racing  and
pari-mutuel  wagering at such racetrack pursuant to article two or three
of the racing, pari-mutuel wagering and breeding law.
  S 5. This act shall take effect immediately.

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