Assembly Bill A11181

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

                                  11181

                          I N  A S S E M B L Y

                              May 24, 2010
                               ___________

Introduced  by  M. of A. PRETLOW -- (at request of the Governor) -- read
  once and referred to the Committee on Racing and Wagering

AN ACT making appropriations for the support of government

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that the enactment of these appropriations provides  sufficient
authority to the comptroller for the purposes of making payments for the
purposes described herein.

              NEW YORK STATE URBAN DEVELOPMENT CORPORATION
                 STATE OPERATIONS AND AID TO LOCALITIES

ECONOMIC DEVELOPMENT PROGRAM

General Fund / Aid to Localities
Local Assistance Account - 001

  For  services  and expenses of a working capital loan to
    the New York Racing Association, Inc. for expenses  at
    Aqueduct, Belmont and Saratoga racetracks. Such moneys
    shall  be  repaid  by the New York Racing Association,
    Inc. by the earlier of March 31, 2011 or 30 days after
    the execution of a memorandum  of  understanding  with
    the  operator  of a video lottery facility at Aqueduct
    racetrack pursuant to subdivision e of section 1612 of
    the tax law.
  Notwithstanding any other law to the  contrary,  in  the
    event  that  the  New York Racing Association does not
    repay such moneys by the earlier of March 31, 2011  or
    30  days after the execution of a memorandum of under-
    standing with the operator of a video lottery facility
    at Aqueduct racetrack pursuant  to  subdivision  e  of
    section  1612  of  the  tax  law,  the division of the

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

                                                           LBD12247-02-0

A. 11181                            2

    lottery shall repay such moneys, in accordance with  a
    plan  approved  by the director of the division of the
    Budget, from portions of the  vendor  fee  that  would
    otherwise be due on or after that date to the New York
    Racing  Association, Inc. pursuant to paragraphs 3 and
    4 of subdivision f of section 1612 of the tax  law  on
    account of video lottery revenues from a video lottery
    facility   at  Aqueduct  racetrack.  The  division  of
    lottery shall report upon any such approved  repayment
    plan,  including information detailing the progress of
    repayment of loan liabilities, to  the  governor,  the
    temporary  president of the senate, and the speaker of
    the assembly quarterly until such loan is fully repaid
    ......................................................... 25,000,000
                                                          --------------

              NEW YORK STATE URBAN DEVELOPMENT CORPORATION

               CAPITAL PROJECTS - REAPPROPRIATIONS 2009-10

ECONOMIC DEVELOPMENT (CCP)

  Miscellaneous Capital Projects Fund - 387
  New York Racing Account

The appropriation made by chapter 18, section 104, of the laws of  2008,
  is hereby amended and reappropriated to read:

  For  additional  services and expenses related to payments for capital
    works or purposes, including, but not  limited  to,  costs  for  the
    design,  acquisition,  construction and equipment of such structures
    as may be necessary to properly house video lottery terminal  gaming
    at  Aqueduct  racetrack  including, but not limited to, the costs of
    property acquisition, studies, appraisals, surveys,  testing,  envi-
    ronmental   impact   statements,  infrastructure,  facility  design,
    construction and equipment, cost of leasing space, professional fees
    and costs of issuance, as authorized pursuant to a  chapter  of  the
    laws  of  2008.  Provided, however, that these funds may be suballo-
    cated or transferred to any department, agency, or public  authority
    (91AQ0809) ... [250,000,000] 225,000,000 ...........................
    ................................................. (re. $225,000,000)

                   CONTINGENT AND OTHER APPROPRIATIONS

              NEW YORK STATE URBAN DEVELOPMENT CORPORATION

                            CAPITAL PROJECTS

ECONOMIC DEVELOPMENT (CCP)

Miscellaneous Capital Projects Fund - 387
New York Racing Account

Notwithstanding  any  inconsistent  provision  of law, the
  following appropriation is hereby made to the  New  York
  state  urban  development  corporation  for services and

A. 11181                            3

  expenses  related  to  payments  for  capital  works  or
  purposes,  including,  but not limited to, costs for the
  design, acquisition, construction and equipment of  such
  structures  as  may be necessary to properly house video
  lottery terminal gaming at Aqueduct racetrack including,
  but not limited to, the costs of  property  acquisition,
  studies,  appraisals,  surveys,  testing,  environmental
  impact  statements,  infrastructure,  facility   design,
  construction  and  equipment,  cost  of  leasing  space,
  professional fees and costs of issuance,  as  authorized
  pursuant  to  chapter 18 of the laws of 2008, as amended
  by chapter 140 of the laws of 2008.  No  moneys  of  the
  state in the state treasury or any of its funds shall be
  expended from this appropriation, and no state-supported
  debt  shall  be  issued  to finance the purposes of this
  appropriation, until a working capital loan, as  author-
  ized  pursuant  to  a  chapter  of  the laws of 2010, is
  repaid to the state's general fund  by  the  earlier  of
  March 31, 2011 or 30 days after the execution of a memo-
  randum  of  understanding  with  the operator of a video
  lottery  facility  at  Aqueduct  racetrack  pursuant  to
  subdivision  e  of  section  1612  of the tax law, or, a
  repayment plan is approved by the director of the  divi-
  sion  of  the  Budget  providing for such repayment from
  portions of the vendor fee that would otherwise  be  due
  on  or  after  that  date to the New York Racing Associ-
  ation, Inc. pursuant to paragraphs 3 and 4  of  subdivi-
  sion  f  of  section  1612  of the tax law on account of
  video lottery revenues from a video lottery facility  at
  Aqueduct racetrack. The division of lottery shall report
  upon  any such approved repayment plan, including infor-
  mation detailing  the  progress  of  repayment  of  loan
  liabilities, to the governor, the temporary president of
  the  senate,  and  the speaker of the assembly quarterly
  until such loan is fully  repaid.  These  funds  may  be
  suballocated  or  transferred to any department, agency,
  or public authority ....................................... 25,000,000
                                                          --------------

  S 2. This act shall take effect immediately.