Assembly Bill A8774

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

                                  8774

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

Introduced  by  M.  of  A.  BARRETT,  GOTTFRIED, CLARK, THIELE, SIMOTAS,
  ABINANTI, GALEF, COOK, JAFFEE, ZEBROWSKI, PAULIN, GOODELL, BRONSON  --
  Multi-Sponsored by -- M. of A.  GIGLIO, GLICK, HIKIND, JACOBS, MOSLEY,
  WEISENBERG  --  read  once and referred to the Committee on Racing and
  Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
  the tax law, in relation to the casino siting home rule

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

  Section 1. Subdivision 2 of section 1314 of  the  racing,  pari-mutuel
wagering  and breeding law, as added by chapter 174 of the laws of 2013,
is amended to read as follows:
  2. As a condition of filing, each potential license  applicant  [must]
SHALL demonstrate to the [board's satisfaction] BOARD that local support
has been demonstrated THROUGH THE ENACTMENT OF LOCAL LAWS OR RESOLUTIONS
IN SUPPORT BY THE HOST MUNICIPALITY AND COUNTY.
  S  2.  Paragraph  (b)  of subdivision 2 of section 1320 of the racing,
pari-mutuel wagering and breeding law, as added by chapter  174  of  the
laws of 2013, is amended to read as follows:
  (b) gaining public support in the host and nearby municipalities which
[may]  SHALL  be  demonstrated  through the [passage] ENACTMENT of local
laws [or public comment received by the board or gaming applicant];
  S 3. Section 1366 of the racing,  pari-mutuel  wagering  and  breeding
law,  as added by chapter 174 of the laws of 2013, is amended to read as
follows:
  S 1366. Zoning.  1. THE STATE, ANY MUNICIPAL CORPORATION OR ANY AGENCY
OR AUTHORITY THEREOF SHALL BE PROHIBITED FROM ACQUIRING  LAND  NECESSARY
FOR  THE  CONSTRUCTION  OR  DEVELOPMENT OF A CLASS THREE GAMING FACILITY
PURSUANT TO THIS ARTICLE.
  2. Notwithstanding any inconsistent provision of law,  gaming  author-
ized  at a location pursuant to this article shall be deemed an approved
activity for such location under the relevant  city,  county,  town,  or
village land use or zoning ordinances, rules, or regulations.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13244-02-4
              

A. 8774                             2

  3.  THE  REQUIREMENTS  SET  FORTH  HEREIN  SHALL BE IN ADDITION TO THE
REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW
ACT UNDER ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION  LAW  AND  ITS
IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617 AND ANY OTHER
GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS THERETO.
  S  4.  The opening paragraph of subdivision a of section 1617-a of the
tax law, as amended by section 2 of part O1 of chapter 57 of the laws of
2009, is amended to read as follows:
  The division of the lottery is hereby authorized to license,  pursuant
to  rules  and  regulations  to  be  promulgated  by the division of the
lottery, the operation of video lottery gaming at Aqueduct,  Monticello,
Yonkers,  Finger  Lakes,  and  Vernon  Downs racetracks, or at any other
racetrack licensed pursuant to article three of the racing,  pari-mutuel
wagering  and  breeding  law that are located in a county or counties in
which video lottery gaming has been authorized pursuant  to  local  law,
excluding  the  licensed racetrack commonly referred to in article three
of the racing, pari-mutuel wagering and breeding law as  the  "New  York
state  exposition"  held  in  Onondaga  county and the racetracks of the
non-profit racing association known as Belmont Park  racetrack  and  the
Saratoga  thoroughbred  racetrack.    Such  rules  and regulations shall
provide, as a condition of licensure, that racetracks to be licensed are
certified to be in compliance with all state and local fire  and  safety
codes, that the division is afforded adequate space, infrastructure, and
amenities consistent with industry standards for such video gaming oper-
ations  as found at racetracks in other states, that racetrack employees
involved in the operation of  video  lottery  gaming  pursuant  to  this
section  are  licensed  by the racing and wagering board, and such other
terms and  conditions  of  licensure  as  the  division  may  establish.
Notwithstanding  any inconsistent provision of law, video lottery gaming
at a racetrack pursuant to this section  shall  be  deemed  an  approved
activity  for  such  racetrack under the relevant city, county, town, or
village land use or zoning ordinances, rules, or regulations  AND  SHALL
BE  IN ADDITION TO THE REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVI-
RONMENTAL QUALITY REVIEW ACT UNDER ARTICLE EIGHT  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW AND ITS IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN
6 NYCRR 617 AND ANY OTHER GENERAL LAWS RELATING  TO  LAND  USE  AND  ANY
AMENDMENTS  HERETO.  No  entity licensed by the division operating video
lottery gaming pursuant to this section may house such  gaming  activity
in  a  structure deemed or approved by the division as "temporary" for a
duration of longer than eighteen-months. Nothing in this  section  shall
prohibit  the division from licensing an entity to operate video lottery
gaming at an existing racetrack as authorized in this subdivision wheth-
er or not a different entity is licensed to  conduct  horse  racing  and
pari-mutuel  wagering at such racetrack pursuant to article two or three
of the racing, pari-mutuel wagering and breeding law.
  S 5. This act shall take effect immediately.