Assembly Bill A11046

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

                                  11046

                          I N  A S S E M B L Y

                              May 12, 2010
                               ___________

Introduced by M. of A. JORDAN, CALHOUN, FINCH, MOLINARO, QUINN, SAYWARD,
  TEDISCO  --  Multi-Sponsored by -- M. of A. BACALLES, BARCLAY, CAMARA,
  CORWIN, HAWLEY, MURRAY, TOWNSEND -- read  once  and  referred  to  the
  Committee on Racing and Wagering

AN  ACT  relating to the process for selection of a video lottery gaming
  operator at Aqueduct Raceway

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

  Section  1.  Any  other  provision  of  any  other law to the contrary
notwithstanding, the process for selecting a video lottery gaming opera-
tor for development and operation of a  video  lottery  terminal  gaming
facility  at  the  Aqueduct Raceway in Queens pursuant to section 101 of
chapter 18 of the laws of 2008, shall be as described in  this  section.
Any  other  provision  of any other law to the contrary notwithstanding,
the solicitation issued on or about April of 2009  shall  be  considered
open as if it had never closed, and all proposals from potential vendors
pre-qualified  pursuant  to  the  requirements  of such section shall be
considered current. Any other provision of any other law to the contrary
notwithstanding:
  1. Provision to allow submitting or amending  of  proposals.  For  ten
days  after  the effective date of this act, the governor's office shall
allow potential vendors to submit new proposals or  to  amend  proposals
already submitted pursuant to the solicitation of April, 2009.
  2.  Selection  of  third  party  reviewer. The governor's office shall
contract within twenty days of the effective date of this  act  with  an
accountancy  and professional services firm recommended by the office of
the state comptroller to review the proposals and make a  recommendation
for  the  selection  of  one of them by the governor, the speaker of the
assembly and the temporary president of the senate. No  later  than  ten
days  after  the effective date of this act, the state comptroller shall
recommend to the governor a firm to conduct the review and  make  recom-
mendations  from  among  the  ten  largest international accountancy and
professional services firms as measured by gross revenue as reported  in
the most recent annual financial statements of such firms.

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

                                                           LBD16544-04-0

A. 11046                            2

  3. Submission for review. No later than the twenty-fifth day after the
effective  date  of this act, the governor's office shall provide to the
accountancy and professional services firm  selected  the  proposals  of
potential  vendors  submitted  or deemed active pursuant to this act. On
the  date  of  such  transmittal, the governor's office shall reveal the
names and primary places of business of each such potential vendor.
  4. Recommendation. Within forty days of the  effective  date  of  this
act,  the  accountancy  and  professional  services  firm shall make its
recommendation concerning a potential vendor to be selected  to  develop
and operate the video lottery terminal gaming facility at Aqueduct Race-
way.  The  criteria for recommendation shall be the same as those estab-
lished for selection pursuant to section 101 of chapter 18 of  the  laws
of  2008  and the solicitation and successor documents thereto issued in
April of 2009 and thereafter.   On the day that  the  recommendation  is
transmitted  to the governor, the temporary president of the senate, and
the speaker of the assembly, the recommendation shall  be  made  public,
along  with  the  reasons  for  making  the  recommendation.  Within the
requirements for privacy pursuant to section 101 of chapter  18  of  the
laws of 2008, the firm shall provide as much detail as possible concern-
ing the reasons for the selection.
  5. Public hearing. Within ten days of the day on which the accountancy
and  professional  services  firm  makes  the recommendation, the fiscal
committees of the two houses of the legislature shall  conduct  a  joint
public  hearing  concerning  the  recommendation,  such  hearing  to  be
conducted in the city of Albany.
  6. Selection of vendor. Not more than fifteen days following the  date
of  the  joint  public hearing, the governor, the temporary president of
the senate and the speaker of the assembly shall select a video  lottery
gaming  operator for development and operation of a video lottery termi-
nal gaming facility at Aqueduct Raceway.
  7. Minimum bid. Minimum acceptable bid shall include a cash component.
Such cash component shall be remitted in the form of a cash payment that
is no less than 300 million dollars, provided that nothing herein  shall
prevent  a  potential  vendor from including a cash payment of more than
300 million dollars.
  S 2. This act shall take effect on the first day  of  the  month  next
succeeding the date on which it shall have become a law.