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

                                 7214--A

                            I N  S E N A T E

                             March 23, 2010
                               ___________

Introduced  by Sens. GOLDEN, McDONALD -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Racing,  Gaming
  and  Wagering -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

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.
              

                                                           LBD16544-03-0

S. 7214--A                          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.