BILL NUMBER:A10936
TITLE OF BILL: An act to amend the tax law, in relation to the
selection of a video lottery gaming operator to operate a video lottery
terminal facility at Aqueduct racetrack
PURPOSE OR GENERAL IDEA OF BILL: Requires that the selection of a video
lottery gaming operator be made by the division of the lottery.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides that the selection of
the video lottery terminal operator for the Aqueduct racing facility
will be made by the state division of the lottery in consultation with
the franchised corporation.
Section 2 provides that the bill shall take effect immediately.
JUSTIFICATION: Chapter 18 of the Laws of 2008 provided that the
selection of a VLT operator at Aqueduct is subject to the approval of
the Governor, the Speaker of the Assembly, and the Temporary President
of the Senate. Previous deals for an operator have fallen apart and
state leaders have come under heavy scrutiny for failing to reach an
agreement. In late January, the Aqueduct Entertainment Group was chosen
to run Aqueduct's racino, but was not issued a gaming license because it
failed to submit the required information. It has been nine years since
the State decided that the Aqueduct Race Track could prove financially
vital to New York's racing and breeding industries. The process has been
S T A T E O F N E W Y O R K
________________________________________________________________________
10936
I N A S S E M B L Y
May 4, 2010
___________
Introduced by M. of A. BOYLE -- read once and referred to the Committee
on Racing and Wagering
AN ACT to amend the tax law, in relation to the selection of a video
lottery gaming operator to operate a video lottery terminal facility
at Aqueduct racetrack
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision e of section 1612 of the tax law, as added by
chapter 18 of the laws of 2008, is amended to read as follows:
e. The video lottery gaming operator selected to operate a video
lottery terminal facility at Aqueduct will be subject to a memorandum of
understanding between the governor, temporary president of the senate
and the speaker of the assembly. Notwithstanding subparagraph (i) of
paragraph a of subdivision eight of section two hundred twelve of the
racing, pari-mutuel wagering and breeding law, the state, pursuant to an
agreement with the video lottery gaming operator to operate a video
lottery terminal facility at Aqueduct, may authorize, as part of such
agreement or in conjunction with such agreement at the time it is
executed, additional development at the Aqueduct racing facility. The
selection [will] SHALL be made BY THE DIVISION OF THE LOTTERY in consul-
tation with the franchised corporation, but is not subject to such
corporation's approval. The franchised corporation shall not be eligible
to compete to operate or to operate a video lottery terminal facility at
Aqueduct. The state will use its best efforts to ensure that the video
lottery terminal facility at Aqueduct is opened as soon as is practica-
ble and will, if practicable, pursue the construction of a temporary
video lottery terminal facility at Aqueduct subject to staying within an
agreed budget for such video lottery terminal facility and subject to
such temporary facility not having an adverse impact on opening of the
permanent facility at Aqueduct. To facilitate the opening of the video
lottery gaming facility at Aqueduct as soon as is practicable, the divi-
sion of the lottery may extend the term of any existing contract related
to the video lottery system.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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