senate Bill S5054A

Vetoed By Governor
2011-2012 Legislative Session

Extends the Catskill region to include the five counties comprising the city of New York; repealer

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Archive: Last Bill Status Via A7301 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2012 tabled
vetoed memo.172
Dec 05, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1527
substituted for s5054a
Jun 21, 2012 substituted by a7301b
ordered to third reading cal.1527
committee discharged and committed to rules
Jun 18, 2012 print number 5054a
amend (t) and recommit to racing, gaming and wagering
Jan 04, 2012 referred to racing, gaming and wagering
May 03, 2011 referred to racing, gaming and wagering

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S5054 - Bill Details

See Assembly Version of this Bill:
A7301B
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, add §§517-a, 517-b & 517-c, rpld §532 sub 7, RWB L

S5054 - Bill Texts

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Extends the Catskill region off-track betting corporation to include the five counties comprising the city of New York.

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BILL NUMBER:S5054

TITLE OF BILL:
An act
to amend the racing, pari-mutuel wagering and breeding law, in relation
to extending the Catskill region to include the five counties comprising
the city of New York

PURPOSE:
To eliminate the New York City Off-Track Betting region and moves the
counties in such city to the Catskill region.

SUMMARY OF PROVISIONS: Section one is the legislative
intent.

Section two amends subdivision 1 of section 519 of the racing,
pari-mutual wagering and breeding law.

Section three sets up parameters if New York City elects to participate
in the Catskill regional Off-Track Betting corporation.

JUSTIFICATION:
As the only profitable Off Track Betting (OTB) in the country, the
Catskill region corporation sees this as an opportunity to increase
revenue for both the corporation and the state, while reinstating a
portion of the jobs lost with the closing on New York City OTB on
December 7, 2010.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.

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

                                  5054

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to extending the Catskill region to include the five counties
  comprising the city of New York

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

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds the following:
  a. That the state of New York has an interest in the  welfare  of  its
citizens, and a particular interest in the preservation and expansion of
the  racing industry which provides employment to thousands of employees
across the state.
  b. That on December 7, 2010,  the  New  York  city  off-track  betting
corporation  (NYCOTB),  a  public  benefit  corporation  created in 1973
pursuant to article VI of the racing, pari-mutuel wagering and  breeding
law, ceased operations.
  c. That the closure of the New York city off-track betting corporation
has created a considerable hardship to the employees who have lost their
jobs as a result.
  d. That the closure of the New York city off-track betting corporation
has resulted in a significant loss of revenue to the state of New York.
  The legislature hereby declares that residents of the five counties of
the  city  of New York should be afforded an opportunity to place wagers
at off-track betting facilities. The legislature further  declares  that
employees who lost their jobs as a result of the closure of the New York
city  off-track betting corporation should be afforded an opportunity to
return to employment.
  S 2. Subdivision 1 of section 519 of the racing, pari-mutuel  wagering
and breeding law, paragraph (e) as amended by chapter 260 of the laws of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11149-01-1

S. 5054                             2

1987  and  paragraphs  (f), (g) and (h) as amended by chapter 125 of the
laws of 1997, is amended to read as follows:
  1.  "Region."  One or more of the following named regions comprised of
the counties indicated:
  a. Suffolk: Suffolk county;
  b. Nassau: Nassau county;
  c. [New York city: the five counties comprising the city of New York;
  d.] Catskill: Broome, Chemung, Chenango, Delaware,  Orange,  Rockland,
Sullivan,  Tioga,  Dutchess,  Tompkins,  Westchester, Putnam and Ulster,
RICHMOND, QUEENS, KINGS, BRONX AND NEW YORK counties;
  [e.] D. Capital District: Albany, Clinton, Columbia, Cortland,  Essex,
Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei-
da,  Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence,
Warren and Washington counties;
  [f.] E. Central: Lewis and Onondaga counties;
  [g.] F. Western:  Allegany,  Cattaraugus,  Cayuga,  Chautauqua,  Erie,
Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe-
go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties;
  [h.] G. Notwithstanding the other provisions of this subdivision, when
and  if  the  Central  regional  off-track betting corporation is estab-
lished, it shall include, in addition to the counties  listed  in  para-
graph  [f]  E,  the  following:  Cayuga,  Chenango,  Cortland, Franklin,
Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins  coun-
ties.
  S  3.  Notwithstanding any other provisions of law, a region comprised
of any counties of the city of New York, shall recognize the  collective
bargaining  representatives  of  the employees of the New York city off-
track betting corporation as of December 6, 2010.  To  the  extent  that
such region opens facilities within the five boroughs of the city of New
York  to engage in off-track betting or the support thereof, such region
shall recall previous employees, in accordance with the terms of section
80 of the civil service law, to positions  created  by  the  opening  of
off-track  betting  and  support  facilities.  Such region shall further
assume the collective bargaining agreements that  are  in  place  as  of
December 6, 2010, and shall reimburse the New York city health insurance
plan  and  the  New  York  city  employees retirement system for current
participants and for the post-employment benefits of current and  future
retirees  of  the  New  York city off-track betting corporation. Nothing
contained in this act shall be  construed  to  diminish  the  rights  of
employees  pursuant  to  paragraph  (e)  of  section  209-a of the civil
service law.
  S 4. This act shall take effect immediately.

Co-Sponsors

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S5054A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7301B
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, add §§517-a, 517-b & 517-c, rpld §532 sub 7, RWB L

S5054A (ACTIVE) - Bill Texts

view summary

Extends the Catskill region off-track betting corporation to include the five counties comprising the city of New York.

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

                                 5054--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. LANZA, ADDABBO, HASSELL-THOMPSON, HUNTLEY, PARKER,
  SAVINO, STAVISKY -- read twice and ordered printed, and  when  printed
  to  be  committed  to  the Committee on Racing, Gaming and Wagering --
  recommitted to the Committee on Racing, Gaming and Wagering in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
  relation to extending the Catskill region to include the five counties
  comprising  the  city  of  New  York;  and  to repeal subdivision 7 of
  section 532 of the racing, pari-mutuel wagering and breeding  law,  in
  relation to disposition of revenues

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

  Section 1.  Subdivision 1 of section 519 of  the  racing,  pari-mutuel
wagering  and breeding law, paragraph e as amended by chapter 260 of the
laws of 1987 and paragraphs f, g and h as amended by chapter 125 of  the
laws of 1997, is amended to read as follows:
  1.  "Region."  One or more of the following named regions comprised of
the counties indicated:
  a. Suffolk: Suffolk county;
  b. Nassau: Nassau county;
  c. [New York city: the five counties comprising the city of New York;
  d.] Catskill: Broome, Chemung, Chenango, Delaware,  Orange,  Rockland,
Sullivan,  Tioga,  Dutchess,  Tompkins,  Westchester, Putnam and Ulster,
RICHMOND, QUEENS, KINGS, BRONX AND NEW YORK counties;
  [e.] D. Capital District: Albany, Clinton, Columbia, Cortland,  Essex,
Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei-
da,  Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence,
Warren and Washington counties;
  [f.] E. Central: Lewis and Onondaga counties;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11149-05-2

S. 5054--A                          2

  [g.] F. Western:  Allegany,  Cattaraugus,  Cayuga,  Chautauqua,  Erie,
Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe-
go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties;
  [h.] G. Notwithstanding the other provisions of this subdivision, when
and  if  the  Central  regional  off-track betting corporation is estab-
lished, it shall include, in addition to the counties  listed  in  para-
graph  [f]  E,  the  following:  Cayuga,  Chenango,  Cortland, Franklin,
Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins  coun-
ties.
  S  2.  The racing, pari-mutuel wagering and breeding law is amended by
adding three new sections 517-a, 517-b and 517-c to read as follows:
  S 517-A. CATSKILL OFF-TRACK BETTING CORPORATION SITE SELECTION  BOARD.
1.  THE PURCHASE OR LEASE OF ANY PROPERTY TO BE USED IN WHOLE OR IN PART
AS AN OFF-TRACK BETTING  FACILITY  BY  THE  CATSKILL  OFF-TRACK  BETTING
CORPORATION  IN  THE  CITY  OF  NEW  YORK,  SHALL  BE CONDITIONED ON THE
APPROVAL OF THE SITE SELECTION BOARD. FOR PURPOSES OF THIS SECTION,  THE
SITE  SELECTION  BOARD SHALL BE COMPOSED OF: THE CHIEF EXECUTIVE OFFICER
OF THE URBAN DEVELOPMENT CORPORATION; A DESIGNEE OF  THE  MAYOR  OF  THE
CITY  OF  NEW  YORK;  WITH  RESPECT TO A BRANCH OFFICE LOCATED WHOLLY OR
PARTLY WITHIN A BOROUGH OF THE CITY, THE PRESIDENT OR PRESIDENTS OF  THE
BOROUGH  OR BOROUGHS, OR THE PRESIDENT'S DESIGNEE, IN WHICH THE PROPOSED
SITE IS LOCATED; THE CHAIR OF THE COMMUNITY BOARD, OR THE CHAIR'S DESIG-
NEE, REPRESENTING  THE  NEIGHBORHOOD  IN  WHICH  THE  PROPOSED  SITE  IS
LOCATED;  AND  THE  COMPTROLLER  OF  THE  CITY OF NEW YORK, OR THE COMP-
TROLLER'S  DESIGNEE.
  2. THE SITE SELECTION BOARD, AS DEFINED IN THIS SECTION SHALL  OPERATE
PURSUANT TO THE FOLLOWING PROCEDURES:
  A. EVERY ACT OF THE BOARD SHALL BE BY RESOLUTION ADOPTED BY A MAJORITY
OF  THE  VOTES  CAST  BY ALL THE MEMBERS. NO RESOLUTION SHALL BE ADOPTED
EXCEPT AFTER A PUBLIC HEARING, NOTICE OF WHICH SHALL BE PUBLISHED IN THE
STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A  NEWSPAPER  OF
GENERAL  CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS IMME-
DIATELY PRECEDING SAID HEARING.
  B. MEETINGS OF THE SITE SELECTION BOARD SHALL BE CALLED EITHER:    (I)
AS  DIRECTED  BY  THE  BOARD  UPON NOTICE THEREOF PUBLISHED IN THE STATE
REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE CITY FOR TWO CONSECUTIVE BUSINESS DAYS; OR
  (II) UPON WRITTEN NOTICE TO THE BOARD BY  THE  PRESIDENT  OF  CATSKILL
OFF-TRACK  BETTING  CORPORATION  THAT  A  SITE  FOR AN OFF-TRACK BETTING
BRANCH OFFICE IS  UNDER  CONSIDERATION  BY  CATSKILL  OFF-TRACK  BETTING
CORPORATION  FOR  LEASE  OR  ACQUISITION.  A COPY OF SUCH WRITTEN NOTICE
SHALL BE PUBLISHED IN THE STATE REGISTER FOR  SIX  CONSECUTIVE  BUSINESS
DAYS  AND  IN  A  NEWSPAPER  OF  GENERAL CIRCULATION IN THE CITY FOR TWO
CONSECUTIVE BUSINESS DAYS. ALL MEETINGS OF THE  BOARD  SHALL  BE  WITHIN
SEVEN  CONSECUTIVE  BUSINESS  DAYS  OF  THE DATE ON WHICH NOTICE OF SAID
MEETINGS IS FIRST PRINTED IN THE  STATE  REGISTER  FOR  SIX  CONSECUTIVE
BUSINESS  DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR
TWO CONSECUTIVE BUSINESS DAYS.
  C. THE SITE SELECTION BOARD SHALL HAVE POWER AND  AUTHORITY  TO  ADOPT
AND  AMEND  RULES AND REGULATIONS FOR THE CONDUCT OF ITS BUSINESS AND TO
CARRY OUT ITS POWERS AND DUTIES; PROVIDED, HOWEVER, THAT THE BOARD SHALL
ADOPT RULES WHICH REQUIRE BOARD ACTION ON A PROPOSED SITE WITHIN  THIRTY
DAYS  OF  THE BOARD'S PUBLIC HEARING PROVIDED FOR HEREIN AND THAT BY ITS
FAILURE TO ACT WITHIN THIRTY DAYS THE BOARD  SHALL  BE  DEEMED  TO  HAVE
APPROVED THE SITE.

S. 5054--A                          3

  3.  FOR PROPOSED SITES THAT HAD BEEN APPROVED PRIOR TO DECEMBER SIXTH,
TWO THOUSAND TEN, THE PRESIDENT OF  CATSKILL  OFF-TRACK  BETTING  CORPO-
RATION  SHALL  PROVIDE  WRITTEN  NOTICE TO THE SITE SELECTION BOARD THAT
SUCH SITE IS UNDER CONSIDERATION BY CATSKILL  OFF-TRACK  BETTING  CORPO-
RATION FOR LEASE OR ACQUISITION. IF THE BOARD FAILS TO ACT WITHIN THIRTY
DAYS  OF  RECEIVING  SUCH  WRITTEN NOTICE FROM THE PRESIDENT OF CATSKILL
OFF-TRACK BETTING  CORPORATION,  THE  BOARD  SHALL  BE  DEEMED  TO  HAVE
APPROVED  THE  SITE. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS
SECTION, NO PUBLIC NOTICE OR PUBLIC HEARING SHALL BE REQUIRED  PRIOR  TO
THE  SITE  SELECTION  BOARD'S  CONSIDERATION  OF  A  SITE  THAT HAD BEEN
APPROVED PRIOR TO DECEMBER SIXTH, TWO THOUSAND TEN.
  S 517-B. CATSKILL OFF-TRACK BETTING CORPORATION:  COLLECTIVE  BARGAIN-
ING.    NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW, TO THE EXTENT THAT
CATSKILL OFF-TRACK BETTING CORPORATION OPENS FACILITIES WITHIN THE  FIVE
BOROUGHS  OF  THE CITY OF NEW YORK TO ENGAGE IN OFF-TRACK BETTING OR THE
SUPPORT THEREOF, SUCH REGION SHALL RECOGNIZE THE  COLLECTIVE  BARGAINING
REPRESENTATIVES  OF THE EMPLOYEES OF THE NEW YORK CITY OFF-TRACK BETTING
CORPORATION AS OF DECEMBER SIXTH, TWO THOUSAND TEN, AND SHALL  ABIDE  BY
AGREEMENTS   NEGOTIATED   BETWEEN   SUCH  REPRESENTATIVES  AND  CATSKILL
OFF-TRACK BETTING CORPORATION.  NOTHING CONTAINED IN THIS ACT  SHALL  BE
CONSTRUED  TO DIMINISH THE RIGHTS OF EMPLOYEES PURSUANT TO PARAGRAPH (E)
OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-A OF  THE  CIVIL  SERVICE
LAW.
  S  517-C.  CATSKILL OFF-TRACK BETTING CORPORATION: BUSINESS PLAN.  THE
CATSKILL OFF-TRACK BETTING CORPORATION SHALL SUBMIT FOR APPROVAL TO  THE
RACING  AND WAGERING BOARD, OR ITS SUCCESSOR, A BUSINESS PLAN, INCLUDING
BUT NOT LIMITED TO, OUTLINING INVESTMENTS,  PROJECTED  OPERATING  COSTS,
PROJECTED  REVENUES,  PROJECTED  LOCATIONS  (BOTH BARS AND REAL-PROPERTY
THAT WOULD NEED TO BE ACQUIRED), PROJECTED EMPLOYMENT  NEEDS,  PROJECTED
CONTRACTS  FOR SERVICES OR OTHER THIRD PARTIES, PROJECTED FORMS OF PARI-
MUTUEL WAGERING AT EACH LOCATION, AS WELL AS OTHER  DETAILS  THE  RACING
AND  WAGERING  BOARD,  OR ITS SUCCESSOR, DEEMS RELEVANT TO DETERMINE THE
SUCCESS OF CATSKILL OFF-TRACK BETTING CORPORATION ACCEPTING BETS  WITHIN
THE FIVE BOROUGHS IN NEW YORK CITY.
  PRIOR  TO FINAL APPROVAL, THE BOARD, OR IT SUCCESSOR, IS AUTHORIZED TO
REQUIRE AMENDMENTS AND CLARIFICATIONS TO THE PLAN  TO  ENSURE  THAT  THE
PLAN IS FINANCIALLY FEASIBLE; THE LABOR AGREEMENTS ARE HONORED; AND THAT
THE  INTERESTS  OF THE BETTING PUBLIC ARE CONSIDERED. CATSKILL OFF-TRACK
BETTING CORPORATION SHALL NOT BE AUTHORIZED TO  IMPLEMENT  ANY  PART  OF
SUCH  PLAN  UNTIL  THE  RACING  AND  WAGERING  BOARD,  OR ITS SUCCESSOR,
APPROVES OF SUCH PLAN. THE RACING AND WAGERING BOARD, OR ITS  SUCCESSOR,
SHALL  ACT  ON THE CATSKILL OFF-TRACK BETTING CORPORATION'S PLAN AS SOON
AS PRACTICAL BUT NO LATER THAN THIRTY DAYS AFTER THE PLAN HAS BEEN FULLY
SUBMITTED TO THE BOARD, OR ITS SUCCESSOR.
  S 3. Subdivision 7 of section 532 of the racing, pari-mutuel  wagering
and breeding law is REPEALED.
  S  4.  Notwithstanding any inconsistent provision of this chapter, any
payments that the Catskill off-track betting corporation would otherwise
make to the counties of Richmond, Queens,  Kings,  Bronx  and  New  York
pursuant  to  the racing, pari-mutuel wagering and breeding law shall be
payable to the general fund of the city of New York.
  S 5. Notwithstanding any other provision of law or regulation  to  the
contrary, two and one-half million dollars in Catskill off-track betting
corporation's  capital  acquisition fund established pursuant to section
509-a of the racing, pari-mutuel wagering  and  breeding  law  shall  be

S. 5054--A                          4

available  to  Catskill  off-track betting corporation for any corporate
purpose.
  If Catskill off-track betting corporation chooses to utilize up to two
and  one-half million dollars in its capital acquisition fund for corpo-
rate purposes, it shall do so by providing written notification  to  the
racing  and  wagering  board, or its successor, at least fifteen days in
advance of its decision to utilize monies for corporate purposes. During
such time that Catskill off-track betting corporation  uses  its  monies
for corporate purposes, it shall not be authorized to impose the supple-
mental  one  per  centum  surcharge  established  by  subdivision 3-a of
section 532 of the racing, pari-mutuel wagering and breeding law.
  Catskill off-track betting corporation may use its monies  for  corpo-
rate  purposes  until the two and one-half million dollars authorized by
this section have been exhausted or until such time that the corporation
elects to discontinue such corporate use and has notified the racing and
wagering board, or its  successor,  in  writing  of  its  decision.  The
supplemental  one per centum surcharge established by subdivision 3-a of
section 532 of the racing, pari-mutuel wagering and breeding  law  shall
only  be  reinstated  one year following: (i) Catskill off-track betting
corporation's written notification of discontinuance to the  racing  and
wagering  board, or its successor; or (ii) one year following exhaustion
of the two and one-half million dollars authorized by this section. Once
the supplemental surcharge has been reimposed, the  capital  acquisition
fund shall only be used for the purposes enumerated within section 509-a
of the racing, pari-mutuel wagering and breeding law.
  S 6. This act shall take effect immediately.

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