| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to racing, gaming and wagering |
| May 23, 2013 |
referred to racing, gaming and wagering |
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Senate Bill S5586
2013-2014 Legislative Session
Provides for the legislative authorization for up to seven licenses for casino gambling facilities to be regulated by the state gaming commission
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Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S5586 (ACTIVE) - Details
- Current Committee:
- Senate Racing, Gaming And Wagering
- Law Section:
- Racing, Pari-Mutuel Wagering and Breeding Law
- Laws Affected:
- Add Art 13 §§1301 - 1307, amd §§109-a & 102, RWB L; add §§99-v & 99-w, St Fin L; add §1617-c, amd §1617-a, Tax L; amd §169, Exec L
2013-S5586 (ACTIVE) - Summary
Provides for the legislative authorization for up to seven licenses for casino gambling facilities to be regulated by the state gaming commission; establishes funds within the state finance law; relates to the expansion of video lottery terminals and allows OTB corporations to host video lottery terminals; relates to terms of office and salaries of members of the state gaming commission.
2013-S5586 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5586
TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law, in relation to casino gambling; to amend the state
finance law, in relation to establishing the real property tax
reduction account and the Belmont revitalization account; to amend the
tax law, in relation to expansion of video lottery terminals; to amend
the tax law, in relation to allowing off-track betting corporations in
the state to host video lottery terminals; and to amend the executive
law and the racing, pari-mutuel wagering and breeding law, in relation
to the terms of office and salaries of members of the state gaming
commission
PURPOSE OR GENERAL IDEA OF BILL: To establish a mechanism for the
licensing of casino gaming and to authorize the placement of Video
Lottery Terminals in each Off Track Betting region.
SUMMARY OF PROVISIONS:
Section 1 amends the Racing, Pari-Mutuel Wagering and Breeding Law to
add a new Article 13 (Sections 1301-1307): Section 1301 provides for
a Statement of purpose of Article 13 of the Racing, Pari-Mutuel
Wagering and Breeding Law;
Section 1302 provides for a licensing order for casino gambling
facilities (if the same are approved via a Constitutional amendment).
The order of the licensed facilities would be as follows: * The first casino would be licensed between 1/1/14 and 1/1/15 and be in the Counties of Columbia, Delaware, Greene, Sullivan, and Ulster; * The second casino would be licensed between 7/1/14 and 7/1/15 and be in the Counties of Broome, Seneca, Tioga, Tompkins, Chemung, Schuyler, and Wayne; * The third casino would be licensed between 7/1/14 and 7/1/15 and be in the Counties of Albany, Fulton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and Washington. * The fourth casino would be licensed between 7/1/15 and 7/1/16 and be in the Counties of Delaware, Greene, Sullivan, and Ulster. * The fifth casino would be licensed between 7/1/16 and 7/1/17 and be the Counties of Delaware, Greene, Sullivan, and Ulster or alternatively, in the Counties of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, and Wyoming and the portions of the Counties of Chemung, Ontario, Schuyler, Wayne and Yates West of New York State Route 14; * The sixth and seventh casinos would be licensed to be in either Queens or Westchester Counties or at a location which was once in an exclusivity area but no longer is. Those casinos would be licensed between January 1, 2019 and January 1, 2021. Section 1302(b) provides that no subsequent license can be issued until the first license is issued, but thereafter that the commission may extend the time to issue a licenses for the remaining casinos (2-5) by up to a year, and issue subsequent licenses. This means that the failure to issue license 2, for example, will not hold up the issuance of licenses, 3, 4, and 5. Section 1302(c) provides that within 30 days of the application deadline for a casino license, the gaming commission shall schedule a public hearing in a county where an applicant proposes to locate a casino gambling facility. Section 1302(d) provides for the creation of a casino gambling facility site selection board. The board will be comprised of 5 individuals with expertise in real estate or finance (or both). The board shall appoint a financial advisor to independently evaluate each application for fiscal integrity in an effort to maximize revenue for the State. Section 1303(1) provides that the gaming commission shall issue requests for applications for the seven gaming licenses. The commission shall establish the time and date for the receipt of gaming applications, the application form, a general description of an anticipated timeline to process applications, and a contact person at the gaming commission whom applicants may contact. The application will include but is not limited to: * the name of the applicant; * the identity of persons have a direct or indirect interest in the applicant; * an independent audit report of all financial activities and interests of the applicant; * evidence of financial stability * designs for proposed gaming facility and a construction timeline; * description of ancillary entertainment services and non-gaming amenities; * the minimum number of employees at the facility; * any other studies required by the commission which shall include at a minimum the economic benefits to the region and state, local and regional environmental, traffic, and infrastructure impacts, impact on the local and regional economy including the impact on cultural institutions and small businesses in the host and surrounding communities; * cost/benefit analysis relating to the project; * estimated state and municipal revenue; * total investment proposed by the applicant; * the property location and evidence of ownership or control of the property; and * the approval of the municipality and county where the casino is proposed to go (in the case of licensees 1 - 5). Section 1303(d) and (e) provides for the establishment by the commission of a minimum licensing fee and are commendation by the commission to the Legislature of minimum tax levels. Both the licensing fee and tax level recommendation would be made by 10/1/13. Section 1303(f) authorizes the site selection board or the gaming commission to conduct personal interviews of representatives of bidders and review the criminal history and financial backgrounds of the bidders and their officers, directors, shareholders, executives, and members. Section 1303(2) provides for the gaming commission to issue the casino gambling facility license based on the recommendation of the site selection board unless the commission makes on the record findings why the Board's recommendation should not be followed. Section 1303(2) also establishes the criteria the site selection board shall utilize to make their recommendation for who shall receive a casino license. That criteria includes: * maximizing revenues to the state; * realizing maximum capital investment exclusive of land and infrastructure cost; * implementing a workforce development plan that utilizes the existing labor force; * non-gaming amenity development; * promoting local businesses in host communities; * providing high quality jobs in the gaming facility; and * mitigation of adverse impacts relating to problem gaming. Section 1303(3) provides that not more than one casino licensee may be authorized in any county except in the County of Sullivan, where no more than two may be authorized. Section 1304 establishes general conditions of casino licenses including performance collateral Requirements; the form of the license and the obligations of the licensee to abide by the license and applicable laws and to cooperate with law enforcement and investigatory agencies and to do business with and employ only those approved or registered by/with the gaining commission. Section 1305 provides that final determinations of the commission are reviewable pursuant to Article 78 of the CPLR and provides for a 30 day statute of limitations and the review standard of arbitrary and capricious. Section 1306 establishes a revenue fund for gaming revenues and provides that 80% of the revenue will go for elementary and secondary education and 20% shall go for property tax reduction. Further provides that if a casino is ever sited in Queens County, for the first five years thereafter, 65% of revenue shall go to elementary/secondary education, 20% shall go to property tax reduction, and 15%, not to exceed $75 million per year, shall be payable to the Belmont revitalization fund. Provides however, that under no circumstance may the amount going to education be less than was generated by the current Queens VLT facility (Aqueduct) from the year preceding the licensure of a casino in Queens County ( if such licensure occurs). After five years, the revenue from any Queens casino shall be disseminated in the same manner as any other casino (80% for education and 20% for property tax reduction). Section 1307 provides that the purposes of the tax law under Section 1612 relating to horse racing purse enhancement, racing industry, and breeding development funding is maintained at at least the 2013 levels. This section also requires the gaming commission to make a report to the Legislature recommending a permanent formula to fund these agricultural/horse racing related interests. Section 2 Amends Section 109-a of the Racing, Pari-Mutuel Wagering and Breeding Law to require labor and MWBE protections (Executive Law Article I5-a) in the development of casino gaming facilities. These include prevailing wage (Labor Law 220) requirements, and (if the gaming commission determines that the record supports one), project labor agreements; payment bond; that existing apprenticeship programs be in place for any contract over $3 million (existing meaning the contractor/subcontractors shall have graduated an apprentice in the past three years and currently have an apprenticeship program). Section 3 Establishes the Real property tax reduction account consisting of the property tax reduction portion of gaming revenues as described in Section 1306 of the racing, pari-mutuel wagering and breeding law. The property tax reduction revenue would go 20% to the "host community" as determined by the state gaming commission and the balance to counties across the State. Section 4 Establishes the Belmont revitalization account. The account will be utilized to promote economic development in Nassau County, and particularly, Belmont Racetrack and the surrounding communities. The funds will be allocated pursuant to the authorization of a board appointed consisting of the Majority and Minority leaders of the Nassau County Legislature and the Nassau County Executive. Section 5 Directs the gaming commission to make a final report with recommendations on the expansion of VLT facilities by December 1, 2014. Section 6 Authorizes VLTs at an OTB facility in each of Nassau and Suffolk counties. Section 7 Amends the executive law to add to the list of salaried positions the chairperson of the gaming position and the members of such position and establishes their salaries ($127,000 for the chairman and $120,800 for the members). Section 8 Amends Section 102 (3)(4)(5) of the Racing, Pari-Mutuel Wagering and Breeding Law to provide that the gaming commissioners would have terms of 9 years (initial appointments for the Governor would be for terms of 6, 7, 8, and 9 years and the two total appointees by the Temporary President of the Senate and Assembly Speaker would have nine year terms. Section 9 Provides for the effective date. JUSTIFICATION: The Legislature is expected to consider second passage of a Constitutional amendment to authorize up to seven, private sector casino gambling facilities in New York. If such legislation passes, there needs to be a mechanism in place to issue the gaming licenses. This legislation provides that mechanism. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: It is anticipated that billions of dollars in tax revenue and direct job creation will be generated by the passage of the Constitutional amendment to authorize casino gaming. An increase in education funding and funds to reduce property taxes will be made available to the state and to localities as a result of the passage of this legislation and the Constitutional amendment. EFFECTIVE DATE: Immediately provided that section 6 shall take effect on January 1 after it shall have become a law unless an amendment to the Constitution has not been passed authorizing casino gaming, in which case section 6 shall not take effect. Further, no casino gaming licenses may be issued until Constitutionally authorized.
2013-S5586 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5586
2013-2014 Regular Sessions
I N S E N A T E
May 23, 2013
___________
Introduced by Sen. BONACIC -- 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 casino gambling; to amend the state finance law, in
relation to establishing the real property tax reduction account and
the Belmont revitalization account; to amend the tax law, in relation
to expansion of video lottery terminals; to amend the tax law, in
relation to allowing off-track betting corporations in the state to
host video lottery terminals; and to amend the executive law and the
racing, pari-mutuel wagering and breeding law, in relation to the
terms of office and salaries of members of the state gaming commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The racing, pari-mutuel wagering and breeding law is
amended by adding a new article 13 to read as follows:
ARTICLE 13
CASINO GAMBLING
SECTION 1301. STATEMENT OF PURPOSE.
1302. ISSUANCE OF LICENSES FOR CASINO GAMBLING FACILITIES.
1303. LICENSES FOR CASINO GAMBLING FACILITIES.
1304. GENERAL CONDITIONS OF CASINO GAMBLING LICENSES.
1305. DECISIONS REVIEWABLE.
1306. STATE REVENUE FUND.
1307. ENHANCEMENT OF PURSES AND BREEDING.
S 1301. STATEMENT OF PURPOSE. THIS ARTICLE IS INTENDED TO PROVIDE THE
LEGISLATIVE AUTHORIZATION FOR THE ISSUANCE OF UP TO SEVEN LICENSES FOR
CASINO GAMBLING FACILITIES WHICH IS HEREBY LEGALIZED AS REGULATED BY THE
STATE GAMING COMMISSION UPON THE APPROVAL OF AN AMENDMENT TO THE CONSTI-
TUTION AUTHORIZING UP TO SEVEN CASINO GAMBLING FACILITIES. LABOR PEACE
AGREEMENTS FOR SUCH CASINO GAMBLING FACILITIES, AS PROVIDED FOR IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11242-03-3
S. 5586 2
SECTION ONE HUNDRED NINE-A OF THIS CHAPTER, SHALL BE REQUIRED AS IF SUCH
FACILITY WERE A "GAMING FACILITY" AS DEFINED BY SUCH SECTION ONE HUNDRED
NINE-A. THE COMMISSION SHALL UTILIZE ITS BEST, INDEPENDENT JUDGMENT IN
AWARDING ANY LICENSE AUTHORIZED HEREIN AND SHALL ENDEAVOR TO CREATE THE
MAXIMUM PUBLIC BENEFIT IN TERMS OF QUALITY JOB CREATION, AS REASONABLY
DETERMINED BY THE COMMISSION, IN AREAS SUFFERING FROM UNEMPLOYMENT AND
UNDEREMPLOYMENT.
S 1302. ISSUANCE OF LICENSES FOR CASINO GAMBLING FACILITIES. 1.
LICENSES FOR CASINO GAMBLING FACILITIES SHALL BE ISSUED BY THE STATE
GAMING COMMISSION PURSUANT TO THIS ARTICLE.
2. PROHIBITION ON LICENSES IN EXCLUSIVITY ZONES. TO THE EXTENT THAT AN
INDIAN NATION OR TRIBE HAS A VALID COMPACT WITH THE STATE OF NEW YORK
WHICH PROVIDES FOR THE EXCLUSIVE RIGHT TO CONDUCT CLASS III GAMING
PURSUANT TO THE INDIAN GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ.
IN A GEOGRAPHIC AREA DEFINED IN SUCH COMPACT, NO LICENSE FOR A CASINO
GAMBLING FACILITY SHALL BE ISSUED UNDER THIS ARTICLE WITHIN ANY SUCH
EXCLUSIVITY ZONE.
3. PROCESS FOR ISSUING LICENSES. (A) THE FOLLOWING SEVEN LICENSES
SHALL BE ISSUED BY THE COMMISSION FOR FACILITIES OPERATING CASINO GAMBL-
ING. THE LICENSES SHALL BE ISSUED TO AN ELIGIBLE OPERATOR, SITING A
FACILITY IN THE FOLLOWING GEOGRAPHIC AREAS, AND SHALL ONLY BE ISSUED IN
THE ORDER PROVIDED BUT SHALL BE EFFECTIVE ON THE DATE CHOSEN BY THE
COMMISSION WITHIN THE PERIOD OF TIME PROVIDED AS THE LICENSE EFFECTIVE
DATE BELOW:
LICENSE REGION LICENSE EFFECTIVE
DATE
NUMBER
1 REGION 1, COMPRISED OF THE NO SOONER THAN JANUARY 1,
COUNTIES OF COLUMBIA, DELAWARE 2014 AND NO LATER THAN
GREENE, SULLIVAN, AND ULSTER JANUARY 1, 2015
2 REGION 2, COMPRISED OF THE NO SOONER THAN JULY 1, 2014
COUNTIES OF BROOME, SENECA, AND NO LATER THAN JULY 1,
TIOGA, TOMPKINS, CHEMUNG, 2015
SCHUYLER, AND WAYNE COUNTIES,
EXCEPT ANY PORTIONS THEREOF
WHERE THERE EXISTS A COMPACT
WITH A NATIVE AMERICAN TRIBE OR
NATION LIMITING THE LOCATION OF
CASINO GAMBLING FACILITIES
THEREIN.
3 REGION 3, COMPRISED OF THE NO SOONER THAN JULY 1, 2014
COUNTIES OF ALBANY, FULTON, AND NO LATER THAN JULY 1,
MONTGOMERY, RENSSELAER, 2015
SARATOGA, SCHENECTADY,
SCHOHARIE AND WASHINGTON
4 REGION 4, COMPRISED OF THE NO SOONER THAN JULY 1,
COUNTIES OF DELAWARE, 2015 AND NO LATER THAN
GREENE, SULLIVAN, AND ULSTER JULY 1, 2016
5 REGION 5, COMPRISED OF THE NO SOONER THAN JULY 1,
COUNTIES OF DELAWARE, GREENE, 2016 AND NO LATER THAN
SULLIVAN, ULSTER OR THE COUNTIES JULY 1, 2017
OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA,
ERIE, GENESEE, LIVINGSTON, MONROE,
NIAGARA, ORLEANS, AND WYOMING AND
THE PORTIONS OF THE COUNTIES OF CHEMUNG,
ONTARIO, SCHUYLER, WAYNE AND YATES
S. 5586 3
WEST OF NEW YORK STATE ROUTE 14 WHERE
A CASINO GAMBLING FACILITY WAS
NOT PERMITTED AT ANY TIME DUE
TO AN EXCLUSIVITY AGREEMENT
OR COMPACT WITH A NATIVE AMERICAN
OR INDIAN NATION OR TRIBE
6 AND 7 QUEENS OR WESTCHESTER COUNTY OR ANY NO SOONER THAN JANUARY
LOCATION WHICH WAS WITHIN AN EXCLU- 1, 2019 AND NO LATER
SIVITY ZONE (AN AREA WHERE A CASINO THAN JANUARY 1, 2021
GAMBLING FACILITY WOULD NOT BE PER-
MITTED TO BE AUTHORIZED BY THE STATE
DUE TO AN AGREEMENT BETWEEN THE
STATE AND A NATIVE AMERICAN NATION
OR TRIBE), BUT WHICH IS NO LONGER
IN AN EXCLUSIVITY ZONE AS OF THE
DATE OF LICENSING SUCH CASINO GAM-
BLING FACILITY.
(B) EXTENSION OF TIME TO ISSUE LICENSE. THE COMMISSION SHALL AWARD THE
LICENSES IN THE ORDER LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
HOWEVER, IF THERE IS NO APPLICANT THAT THE COMMISSION DEEMS ELIGIBLE AT
THE TIME SUCH LICENSE IS EFFECTIVE, THEN THE COMMISSION MAY BY RESOL-
UTION EXTEND THE TIME PERIOD FOR THE ACCEPTANCE OF ADDITIONAL LICENSE
APPLICATIONS FOR UP TO ONE YEAR. IF A LICENSE IS NOT ISSUED, THE FAILURE
TO AWARD A LICENSE IN ANY REGION SHALL NOT DELAY THE ISSUANCE OF OTHER
LICENSES, PROVIDED, HOWEVER THAT NO SECOND LICENSE SHALL BE ISSUED UNTIL
THE FIRST LICENSE IS EFFECTIVE.
(C) WITHIN THIRTY DAYS AFTER THE DEADLINE HAS PASSED FOR THE
SUBMISSION OF APPLICATIONS, THE COMMISSION SHALL SCHEDULE A PUBLIC HEAR-
ING IN A COUNTY IN WHICH AN APPLICANT PROPOSES TO LOCATE A CASINO GAMBL-
ING FACILITY. THE PUBLIC HEARING SHALL ALLOW TESTIMONY BY THE GENERAL
PUBLIC, AND SHALL REQUIRE THE ATTENDANCE OF A REPRESENTATIVE OF THE
APPLICANT AND AT LEAST THREE MEMBERS OF THE COMMISSION.
(D) THE COMMISSION SHALL SELECT A CASINO GAMBLING FACILITY SITE
SELECTION BOARD. SUCH BOARD SHALL BE COMPRISED OF FIVE INDIVIDUALS
APPOINTED BY MAJORITY VOTE OF THE COMMISSION. BOARD MEMBERS SHALL HAVE
EXPERTISE IN THE FIELDS OF REAL ESTATE OR FINANCE OR BOTH. BOARD MEMBERS
SHALL TOGETHER BY MAJORITY VOTE APPOINT A FINANCIAL ADVISOR, WHICH SHALL
INDEPENDENTLY EVALUATE EACH APPLICATION FOR FISCAL INTEGRITY, IN AN
EFFORT TO MAXIMIZE REVENUE FOR THE STATE. THE FINANCIAL ADVISOR SHALL
RECEIVE COMPENSATION IN AN AMOUNT FIXED BY THE COMMISSION WITHIN THE
AMOUNTS APPROPRIATED THEREFORE. BOARD MEMBERS SHALL SERVE WITHOUT
COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR REASONABLE AND NECESSARY
EXPENSES. THE BOARD SHALL RECOMMEND, BY MAJORITY VOTE, AN APPLICANT FOR
EACH LICENSE BASED UPON THE CRITERIA SET FORTH IN THIS CHAPTER, AND
SHALL TRANSMIT SUCH RECOMMENDATION TO THE COMMISSION. THE BOARD SHALL
HAVE THE FULL ASSISTANCE OF THE COMMISSION IN ITS REVIEW AND INVESTI-
GATION OF THE APPLICATIONS. IN THE EVENT SUCH APPLICANT IS UNABLE TO BE
LICENSED, PURSUANT TO SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED THREE
OF THIS ARTICLE THE BOARD SHALL BE NOTICED TO RECOMMEND ANOTHER APPLI-
CANT FROM AMONG THE APPLICATIONS RECEIVED. UPON RECOMMENDATION OF THE
FINAL APPLICANT FOR THE SEVENTH LICENSE, SUCH BOARD SHALL BE DISSOLVED.
NOTHING SHALL PREVENT A SITE SELECTION COMMISSION FROM BEING ESTABLISHED
BY THE COMMISSION IN THE FUTURE IF FOR ANY REASON A LICENSE IS AVAILABLE
FOR SELECTION BY SUCH BOARD.
S 1303. LICENSES FOR CASINO GAMBLING FACILITIES. 1. (A) THE COMMISSION
SHALL ISSUE A REQUEST FOR APPLICATIONS FOR EACH OF THE SEVEN LICENSES.
S. 5586 4
ALL REQUESTS FOR APPLICATIONS SHALL INCLUDE: (1) THE TIME AND DATE FOR
RECEIPT OF RESPONSES TO THE REQUEST FOR APPLICATIONS, THE MANNER THEY
ARE TO BE RECEIVED AND THE ADDRESS OF THE OFFICE TO WHICH THE APPLICA-
TIONS SHALL BE DELIVERED; (2) THE FORM OF THE APPLICATION AND THE METHOD
FOR SUBMISSION; (3) A GENERAL DESCRIPTION OF THE ANTICIPATED SCHEDULE
FOR PROCESSING THE APPLICATION; (4) THE CONTACT INFORMATION OF COMMIS-
SION EMPLOYEES RESPONSIBLE FOR HANDLING APPLICANT QUESTIONS; AND (5) ANY
OTHER INFORMATION THAT THE COMMISSION DETERMINES.
(B) REQUESTS FOR APPLICATIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE ADVERTISED IN A MANNER CONSISTENT WITH A REQUEST FOR
PROPOSALS CONDUCTED PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE
STATE FINANCE LAW AND ON THE OFFICIAL INTERNET WEBSITE OF THE COMMIS-
SION.
(C) THE COMMISSION SHALL PRESCRIBE THE FORM OF THE APPLICATION FOR
CASINO GAMING LICENSES WHICH SHALL REQUIRE, BUT NOT BE LIMITED TO:
(1) THE NAME OF THE APPLICANT;
(2) THE MAILING ADDRESS AND, IF A CORPORATION, THE NAME OF THE STATE
UNDER THE LAWS OF WHICH IT IS INCORPORATED, THE LOCATION OF ITS PRINCI-
PAL PLACE OF BUSINESS AND THE NAMES AND ADDRESSES OF ITS DIRECTORS AND
MAJOR STOCKHOLDERS OR MEMBERS IN THE DISCRETION OF THE COMMISSION;
(3) THE IDENTITY OF EACH PERSON HAVING A DIRECT OR INDIRECT INTEREST
IN THE BUSINESS AND THE NATURE OF SUCH INTEREST; PROVIDED, HOWEVER, THAT
IF THE DISCLOSED ENTITY IS A TRUST, THE APPLICATION SHALL DISCLOSE THE
NAMES AND ADDRESSES OF ALL BENEFICIARIES; PROVIDED FURTHER, THAT IF THE
DISCLOSED ENTITY IS A PARTNERSHIP, THE APPLICATION SHALL DISCLOSE THE
NAMES AND ADDRESSES OF ALL PARTNERS, BOTH GENERAL AND LIMITED; AND
PROVIDED FURTHER, THAT IF THE DISCLOSED ENTITY IS A LIMITED LIABILITY
COMPANY, THE APPLICATION SHALL DISCLOSE THE NAMES AND ADDRESSES OF ALL
MEMBERS;
(4) AN INDEPENDENT AUDIT REPORT OF ALL FINANCIAL ACTIVITIES AND INTER-
ESTS OF THE APPLICANT INCLUDING, BUT NOT LIMITED TO, THE DISCLOSURE OF
ALL CONTRIBUTIONS, DONATIONS, LOANS OR ANY OTHER FINANCIAL TRANSACTIONS
TO OR FROM A GAMING ENTITY OR OPERATOR IN THE PAST FIVE YEARS;
(5) EVIDENCE OF FINANCIAL STABILITY INCLUDING, BUT NOT LIMITED TO,
BANK REFERENCES, BUSINESS AND PERSONAL INCOME OF MAJOR SHAREHOLDERS,
PARTNERS OR MEMBERS IN THE DISCRETION OF THE COMMISSION, AND DISBURSE-
MENT SCHEDULES, TAX RETURNS AND OTHER REPORTS FILED BY GOVERNMENT AGEN-
CIES AND BUSINESS AND PERSONAL ACCOUNTING CHECK RECORDS AND LEDGERS;
(6) DESIGNS FOR THE PROPOSED CASINO GAMBLING FACILITY, AND A TIMELINE
OF CONSTRUCTION THAT INCLUDES DETAILED STAGES OF CONSTRUCTION FOR THE
CASINO GAMBLING FACILITY, NON-GAMING STRUCTURES AND RACETRACK, WHERE
APPLICABLE;
(7) A DESCRIPTION OF THE ANCILLARY ENTERTAINMENT SERVICES AND NON-GAM-
ING AMENITIES TO BE PROVIDED AT THE PROPOSED CASINO GAMBLING FACILITY;
(8) THE MINIMUM NUMBER OF EMPLOYEES TO BE EMPLOYED AT THE PROPOSED
CASINO GAMBLING FACILITY;
(9) COMPLETED STUDIES AND REPORTS AS REQUIRED BY THE COMMISSION, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, AN EXAMINATION OF THE PROPOSED
CASINO GAMBLING FACILITY:
(I) ECONOMIC BENEFITS TO THE REGION AND THE STATE;
(II) LOCAL AND REGIONAL ENVIRONMENTAL, TRAFFIC AND INFRASTRUCTURE
IMPACTS;
(III) IMPACT ON THE LOCAL AND REGIONAL ECONOMY, INCLUDING THE IMPACT
ON CULTURAL INSTITUTIONS AND ON SMALL BUSINESSES IN THE HOST COMMUNITY
AND SURROUNDING COMMUNITIES;
S. 5586 5
(IV) COST BENEFIT ANALYSIS OF THE PROJECT AS IT RELATES TO THE HOST
COMMUNITY AND IMMEDIATELY SURROUNDING COMMUNITIES AND THE STATE FOR THE
PROPOSED CASINO GAMBLING FACILITY TO BE LOCATED AT THE PROPOSED
LOCATION; AND
(V) THE ESTIMATED MUNICIPAL AND STATE TAX REVENUE TO BE GENERATED BY
THE CASINO GAMBLING FACILITY;
(10) THE TOTAL NEW INVESTMENT PROPOSED BY THE APPLICANT FOR THE
PROPOSED PROJECT AND THE CURRENT AMOUNT INVESTED IN THE PROPOSED SITE,
IF APPLICABLE;
(11) THE LOCATION OF THE PROPOSED CASINO GAMBLING FACILITY, WHICH
SHALL INCLUDE A STATEMENT THAT THE BIDDER OWNS, CONTROLS OR OTHERWISE
HAS RIGHTS SATISFACTORY TO THE COMMISSION TO OPERATE SUCH A FACILITY ON
THE PROPERTY NAMED; AND
(12) WITH RESPECT TO LICENSES ONE THROUGH FIVE A RESOLUTION ADOPTED BY
THE LOCAL GOVERNING BODY OF THE TOWN, VILLAGE OR MUNICIPALITY AND THE
COUNTY, EXPRESSING SUPPORT FOR A CASINO GAMBLING FACILITY.
(D) A PROPOSED LICENSING FEE TO BE PAID BY APPLICANT, PRIOR TO THE
EFFECTIVE DATE OF A LICENSE ISSUED BY THE COMMISSION TO OPERATE A CASINO
GAMBLING FACILITY. SUCH FEE SHALL BE NO LESS THAN A MINIMUM AMOUNT TO BE
PRESCRIBED BY THE COMMISSION FOR EACH COUNTY WHERE THE BIDDER PROPOSES A
BID FOR SUCH LICENSE. ANY MINIMUM LICENSING FEE REQUIREMENT SHALL BE
PROMULGATED NOT LATER THAN OCTOBER FIRST, TWO THOUSAND THIRTEEN.
(E) A PROPOSED TAX RATE BASED ON NET INCOME FOR SLOT MACHINES AND THE
NET INCOME OF TABLE GAMES (GAMES OTHER THAN SLOT MACHINES). SUCH
COMBINED AMOUNT SHALL BE THE GROSS GAMING REVENUE PAYMENT. THE COMMIS-
SION SHALL STUDY AND ISSUE TO THE LEGISLATURE A REPORT DETAILING THE
STATE AND LOCAL IMPACTS OF PROPOSED TAX RATES TO BE FIXED BY THE LEGIS-
LATURE. SUCH REPORT, INCLUDING A RECOMMENDED MINIMUM RATE, SHALL BE
ISSUED NO LATER THAN OCTOBER FIRST, TWO THOUSAND THIRTEEN.
(F) THE COMMISSION OR THE CASINO GAMBLING FACILITY SITE SELECTION
BOARD MAY, PRIOR TO ISSUING A LICENSE CONDUCT PERSONAL INTERVIEWS OF
REPRESENTATIVES OF BIDDERS AND REVIEW DOCUMENTS RELATED TO BIDDERS AND
SHALL HAVE THE COOPERATION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE DEPARTMENT OF TAXATION AND FINANCE IN REVIEWING THE BACKGROUNDS
OF ENTITIES WHICH BID OR THE OFFICERS, DIRECTORS, SHAREHOLDERS, EXECU-
TIVES, OR MEMBERS THEREOF.
2. THE COMMISSION, UNLESS IT SHALL ISSUE A WRITTEN FINDING STATING ITS
REASONS FOR HOLDING OTHERWISE, SHALL HONOR THE RECOMMENDATIONS FOR THE
OPERATORS OF THE CASINO GAMBLING FACILITIES BY THE CASINO GAMBLING
FACILITY SITE SELECTION BOARD, PURSUANT TO THE STANDARDS ESTABLISHED BY
LAW AND MAY ENSURE THE OPERATOR IS OPERATING IN A MANNER WHICH COMPLIES
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. THE COMMISSION SHALL
TAKE SUCH STEPS AS ARE NECESSARY TO ENSURE THAT THE OWNERS, DIRECTORS,
SHAREHOLDERS, OFFICERS, AND EMPLOYEES AND SUCH OTHER PERSONS ASSOCIATED
WITH THE LICENSEE AS THE COMMISSION DEEMS NECESSARY, ARE FREE OF PAST
CRIMINAL OR CIVIL CONDUCT WHICH WOULD IMPUGN THE INTEGRITY OR TRUSTWOR-
THINESS OF SUCH PERSONS. IN DETERMINING WHETHER AN APPLICANT SHALL
RECEIVE A CASINO GAMBLING LICENSE, THE CASINO GAMBLING FACILITY SITE
SELECTION BOARD SHALL EVALUATE WHETHER OR NOT AN APPLICANT MEETS THE
FOLLOWING CRITERIA:
(A) MAXIMIZING REVENUES RECEIVED BY THE STATE;
(B) REALIZING MAXIMUM CAPITAL INVESTMENT EXCLUSIVE OF LAND ACQUISITION
AND INFRASTRUCTURE IMPROVEMENTS;
(C) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT UTILIZES THE EXIST-
ING LABOR FORCE, INCLUDING THE ESTIMATED NUMBER OF CONSTRUCTION JOBS A
PROPOSED CASINO GAMBLING FACILITY WILL GENERATE, THE DEVELOPMENT OF
S. 5586 6
WORKFORCE TRAINING PROGRAMS THAT SERVE THE UNEMPLOYED AND METHODS FOR
ACCESSING EMPLOYMENT AT THE CASINO GAMBLING FACILITY INCLUDING AGREE-
MENTS WITH COUNTY GOVERNMENTS IN ONE OR MORE COUNTIES FOUND TO HAVE HIGH
UNEMPLOYMENT RATES TO HIRE A PERCENTAGE OF EMPLOYEES FROM SUCH COUNTY;
(D) BUILDING A CASINO GAMBLING FACILITY OF HIGH CALIBER WITH A VARIETY
OF QUALITY NON-GAMING AMENITIES TO BE INCLUDED AS PART OF SUCH FACILITY;
(E) PROMOTING LOCAL BUSINESSES IN HOST AND SURROUNDING COMMUNITIES,
INCLUDING DEVELOPING CROSS-MARKETING STRATEGIES WITH LOCAL RESTAURANTS,
SMALL BUSINESSES, HOTELS, RETAIL OUTLETS, RACETRACKS, IF APPLICABLE, AND
IMPACTED LIVE ENTERTAINMENT VENUES;
(F) PROVIDING A HIGH NUMBER OF QUALITY JOBS IN THE CASINO GAMBLING
FACILITY;
(G) OFFERING THE HIGHEST AND BEST VALUE TO CREATE A SECURE AND ROBUST
GAMING MARKET IN THE REGION AND THE STATE; AND
(H) MITIGATION OF ADVERSE IMPACTS ON THE STATE RELATED TO PROBLEM
GAMBLING INCLUDING, BUT NOT LIMITED TO, TRAINING OF GAMING EMPLOYEES TO
IDENTIFY PATRONS EXHIBITING PROBLEMS WITH GAMBLING AND PREVENTION
PROGRAMS TARGETED TOWARD VULNERABLE POPULATIONS.
3. EXCEPT FOR THE COUNTY OF SULLIVAN, WHERE THERE MAY NOT BE MORE THAN
TWO SUCH LICENSES, THERE SHALL NOT BE MORE THAN ONE LICENSEE AUTHORIZED
TO OPERATE A CASINO GAMBLING FACILITY IN ANY COUNTY.
S 1304. GENERAL CONDITIONS OF LICENSES. 1. PERFORMANCE COLLATERAL.
(A) UPON AWARD OF A CASINO GAMBLING LICENSE BY THE COMMISSION, THE
APPLICANT SHALL BE REQUIRED TO DEPOSIT TEN PERCENT OF THE TOTAL INVEST-
MENT PROPOSED IN THE APPLICATION INTO AN INTEREST BEARING ACCOUNT.
MONIES RECEIVED FROM THE APPLICANT SHALL BE HELD IN ESCROW UNTIL THE
FINAL STAGE OF CONSTRUCTION, AS DETAILED IN THE TIMELINE OF CONSTRUCTION
SUBMITTED WITH THE LICENSEE'S APPLICATION AND APPROVED BY THE COMMIS-
SION, AT WHICH TIME THE DEPOSIT PLUS ALL ACCRUED INTEREST SHALL BE
RETURNED TO THE APPLICANT TO BE APPLIED FOR THE FINAL STAGE. SHOULD THE
APPLICANT BE UNABLE TO COMPLETE THE CASINO GAMBLING FACILITY, THE DEPOS-
IT PLUS ALL ACCRUED INTEREST SHALL BE FORFEITED TO THE STATE. IN PLACE
OF A CASH DEPOSIT, THE COMMISSION MAY ALLOW FOR AN APPLICANT TO SECURE A
DEPOSIT BOND INSURING THAT TEN PERCENT OF THE PROPOSED CAPITAL INVEST-
MENT SHALL BE FORFEITED TO THE STATE IF THE APPLICANT IS UNABLE TO
COMPLETE THE CASINO GAMBLING FACILITY.
(B) A LICENSEE WHO FAILS TO BEGIN GAMING OPERATIONS WITHIN ONE YEAR
AFTER THE DATE SPECIFIED IN ITS CONSTRUCTION TIMELINE, AS APPROVED BY
THE COMMISSION, SHALL BE SUBJECT TO SUSPENSION OR REVOCATION OF THE
CASINO GAMBLING LICENSE BY THE COMMISSION AND MAY, AFTER BEING FOUND BY
THE COMMISSION AFTER A HEARING TO HAVE ACTED IN BAD FAITH IN ITS APPLI-
CATION, BE ASSESSED A FINE OF UP TO FIFTY MILLION DOLLARS.
2. (A) THE COMMISSION SHALL PRESCRIBE THE FORM OF THE CASINO GAMBLING
LICENSE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
LICENSE CONDITIONS FOR EACH LICENSEE. THE LICENSEE SHALL:
(1) HAVE AN AFFIRMATIVE OBLIGATION TO ABIDE BY EVERY STATEMENT MADE IN
ITS APPLICATION TO THE COMMISSION, INCLUDING ALL EVALUATION CRITERIA AND
ELIGIBILITY REQUIREMENTS;
(2) COMPLY WITH ALL LAWS OF THE STATE, THE LAWS OF THE UNITED STATES
AND ALL RULES AND REGULATIONS PROMULGATED UNDER THIS CHAPTER;
(3) PAY WEEKLY TO THE COMMISSION THE GROSS GAMING REVENUE PAYMENT
PURSUANT TO THE TERMS OF THE LICENSE;
(4) MAKE, OR CAUSE TO BE MADE, CAPITAL EXPENDITURES TO ITS CASINO
GAMBLING FACILITY AS PART OF A MULTI-YEAR CAPITAL EXPENDITURE PLAN
APPROVED BY THE COMMISSION;
S. 5586 7
(5) NOT CHANGE ITS BUSINESS GOVERNING STRUCTURE WITHOUT THE NOTIFICA-
TION AND APPROVAL OF THE COMMISSION;
(6) NOT OPERATE, INVEST IN OR OWN, IN WHOLE OR IN PART, ANOTHER CASINO
GAMBLING LICENSEE'S LICENSE OR CASINO GAMBLING FACILITY;
(7) COOPERATE WITH THE COMMISSION AND THE ATTORNEY GENERAL IN ALL
GAMING-RELATED INVESTIGATIONS. EACH CASINO GAMBLING LICENSEE SHALL MAKE
READILY AVAILABLE ALL DOCUMENTS, MATERIALS, EQUIPMENT, PERSONNEL AND ANY
OTHER ITEMS REQUESTED DURING AN INVESTIGATION; PROVIDED, HOWEVER, THAT
MATERIAL THAT THE CASINO GAMBLING LICENSEE CONSIDERS A TRADE SECRET OR
DETRIMENTAL TO THE CASINO GAMBLING LICENSEE IF IT WERE MADE PUBLIC
SHALL, WITH THE COMMISSION'S APPROVAL, BE PROTECTED FROM PUBLIC DISCLO-
SURE;
(8) COOPERATE WITH THE COMMISSION AND THE ATTORNEY GENERAL WITH
RESPECT TO THE INVESTIGATION OF ANY CRIMINAL MATTER; PROVIDED, HOWEVER,
THAT THE CASINO GAMBLING LICENSEE SHALL, UPON RECEIPT OF A CRIMINAL OR
CIVIL PROCESS COMPELLING TESTIMONY OR PRODUCTION OF DOCUMENTS IN
CONNECTION WITH A CIVIL OR CRIMINAL INVESTIGATION, IMMEDIATELY DISCLOSE
SUCH INFORMATION TO THE COMMISSION; AND PROVIDED FURTHER, THAT THIS
PARAGRAPH SHALL NOT PROHIBIT PRIVATE PERSONS OR PUBLIC ENTITIES FROM
SEEKING ANY REMEDY OR DAMAGES AGAINST A CASINO GAMBLING LICENSEE;
(9) ALLOW THE COMMISSION OR THE DIVISION OF STATE POLICE AND STATE
POLICE OFFICERS ASSIGNED TO THE COMMISSION OR THE DIVISION OF STATE
POLICE TO CONDUCT WARRANTLESS SEARCHES OF THE CASINO GAMBLING LICENSEE'S
GAMING AREA (BOTH THOSE AREAS OPEN TO THE PUBLIC AND THOSE PRIVATE AREAS
WHEN GAMING OPERATIONS ARE OVERSEEN OR CONTROLLED);
(10) COLLECT AND ANNUALLY REPORT TO THE COMMISSION A DETAILED STATIS-
TICAL REPORT ON THE NUMBER, JOB TITLES, BENEFITS AND SALARIES OF EMPLOY-
EES HIRED AND RETAINED IN EMPLOYMENT AT THE CASINO GAMBLING FACILITY;
(11) EMPLOY ONLY THOSE PERSONS LICENSED OR REGISTERED BY THE COMMIS-
SION WHICH LICENSES OR REGISTRATIONS ARE HEREBY AUTHORIZED;
(12) DO BUSINESS ONLY WITH THOSE VENDORS LICENSED OR REGISTERED BY THE
COMMISSION WHICH LICENSES OR REGISTRATIONS ARE HEREBY AUTHORIZED;
(13) KEEP CONSPICUOUSLY POSTED IN THE GAMING AREA A NOTICE CONTAINING
THE NAME AND A TELEPHONE NUMBER FOR PROBLEM GAMBLING ASSISTANCE;
(B) THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE SUPPLEMENTARY TO ANY
OTHER POWER OF THE COMMISSION AND SHALL NOT BE DEEMED TO RESTRICT THE
POWERS OF THE COMMISSION AS OTHERWISE PROVIDED BY LAW.
(C) IN THE EVENT THAT A LICENSEE FAILS TO OPERATE THE CASINO GAMBLING
FACILITY IN ACCORDANCE WITH THESE PROVISIONS OR FAILS TO COMPLY WITH
OTHER TERMS OF THE LICENSE, THE COMMISSION SHALL BE EMPOWERED TO REVOKE
THE LICENSE OF ANY ENTITY, MEMBER OR OFFICER OF THE CASINO GAMBLING
FACILITY. THE COMMISSION SHALL TAKE SUCH ACTION AS IS NECESSARY TO
ASSURE THE CONTINUATION OF THE GAMING ACTIVITIES AT THE CASINO GAMBLING
FACILITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE.
(D) THE COMMISSION IS HEREBY AUTHORIZED TO APPROVE THE OPENING OF A
TEMPORARY FACILITY OF THE LICENSEE BEFORE THE CASINO GAMBLING FACILITY
IS COMPLETE. SUCH TEMPORARY FACILITY SHALL BE APPROVED FOR A DURATION
NOT TO EXCEED EIGHTEEN MONTHS. THE COMMISSION MAY AUTHORIZE THE TEMPO-
RARY FACILITY AT A LOCATION OTHER THAN THE PLANNED LOCATION FOR THE
PERMANENT CASINO GAMBLING FACILITY; HOWEVER SUCH TEMPORARY FACILITY MUST
BE WITHIN THE SAME COUNTY AS THE PERMANENT CASINO GAMBLING FACILITY AND
SHALL BE WITHIN FIFTEEN MILES OF THE PROPOSED PERMANENT CASINO GAMBLING
FACILITY.
S 1305. DECISIONS REVIEWABLE. ALL FINAL DETERMINATIONS OF THE COMMIS-
SION UNDER THIS ARTICLE SHALL BE REVIEWABLE BY A COURT OF COMPETENT
JURISDICTION IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
S. 5586 8
CIVIL PRACTICE LAW AND RULES. AN ACTION INSTITUTED FOR A DECLARATION
THAT SUCH ACTION WAS ARBITRARY AND CAPRICIOUS BY AN AGGRIEVED PARTY
SHALL BE INSTITUTED, IF AT ALL, WITHIN THIRTY CALENDAR DAYS OF THE
COMMISSION'S FINAL DETERMINATION.
S 1306. STATE REVENUE FUND. 1. REVENUE DERIVED FROM THE AMOUNTS PAYA-
BLE UNDER PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED
THREE OF THIS ARTICLE, AND THE GROSS GAMING REVENUE DERIVED FROM THE
COMBINED SALES TAX ON SLOT MACHINES AND TABLE GAMES AS PROVIDED IN PARA-
GRAPH (F) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED THREE OF THIS
ARTICLE SHALL BE DISTRIBUTED AS FOLLOWS:
(A) EIGHTY PERCENT FOR ELEMENTARY AND SECONDARY EDUCATION; AND
(B) TWENTY PERCENT TO BE DEPOSITED INTO THE REAL PROPERTY TAX
REDUCTION ACCOUNT CREATED BY SECTION NINETY-NINE-V OF THE STATE FINANCE
LAW.
2. IF A CASINO GAMBLING FACILITY IS LICENSED IN QUEENS COUNTY, THE
COMMISSION SHALL ENSURE THAT PRIOR TO DISBURSEMENT OF STATE REVENUE AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION, THAT THE AMOUNT TO BE
CONTRIBUTED TO PRIMARY AND SECONDARY EDUCATION SHALL BE NO LESS THAN THE
AMOUNT PAID BY THE VIDEO LOTTERY GAMING VENDOR LICENSED TO OPERATE IN
QUEENS COUNTY IN THE YEAR PRECEDING SUCH A CASINO GAMBLING FACILITY'S
LICENSURE IN QUEENS COUNTY. AFTER PAYMENT OF SUCH AMOUNT, AND FOR THE
FIRST THROUGH FIFTH FULL YEAR AFTER SUCH A CASINO GAMBLING FACILITY IS
LICENSED IN QUEENS COUNTY, THE REVENUES SHALL BE DISTRIBUTED AS FOLLOWS:
SIXTY-FIVE PERCENT FOR ELEMENTARY AND SECONDARY EDUCATION;
TWENTY PERCENT TO BE DEPOSITED IN THE REAL PROPERTY TAX REDUCTION
ACCOUNT CREATED BY SECTION NINETY-NINE-V OF THE STATE FINANCE LAW; AND
FIFTEEN PERCENT, NOT TO EXCEED SEVENTY-FIVE MILLION DOLLARS IN ANY
CALENDAR YEAR, TO BE DEPOSITED IN THE BELMONT REVITALIZATION ACCOUNT
CREATED BY SECTION NINETY-NINE-W OF THE STATE FINANCE LAW. ANY ADDI-
TIONAL AMOUNTS ABOVE THE SEVENTY-FIVE MILLION DOLLARS SHALL BE DISTRIB-
UTED TO THE REAL PROPERTY TAX REDUCTION ACCOUNT. AT THE EXPIRATION OF
THE FIFTH FULL YEAR OF OPERATIONS BY A CASINO GAMBLING FACILITY IN THE
COUNTY OF QUEENS THE STATE REVENUE FROM SUCH CASINO GAMBLING FACILITY
SHALL BE DISBURSED IN THE MANNER OF ANY OTHER CASINO GAMBLING FACILITY
AUTHORIZED BY THIS ARTICLE.
S 1307. ENHANCEMENT OF PURSES AND BREEDING. NOTWITHSTANDING THE OTHER
PROVISIONS OF THIS SECTION, THE COMMISSION AND ANY OTHER NECESSARY OFFI-
CER OR EMPLOYEE OF THE STATE MAY TAKE SUCH ACTIONS AS ARE NECESSARY TO
CAUSE PAYMENTS TO BE MADE FOR THE ENHANCEMENT OF PURSES AND TO PROMOTE
NEW YORK HORSE BREEDING OR OTHER RACING SUPPORT PAYMENTS, AT THE MINIMUM
LEVEL SUCH AMOUNTS WERE PROVIDED FOR IN THE YEAR TWO THOUSAND THIRTEEN
PURSUANT TO SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW. THE COMMIS-
SION SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE ON A
RECOMMENDED METHODOLOGY TO ENSURE CONTINUED INCREASES WITH A RATE STRUC-
TURE FOR THE SAME FOR THE ENHANCEMENT OF PURSES AND BREEDING AND THE
RACING INDUSTRY BASED ON THE AMOUNT OF REVENUE DERIVED FROM CASINO
GAMBLING VERSUS REVENUE FROM VIDEO LOTTERY TERMINALS IN THE YEAR TWO
THOUSAND THIRTEEN, TAKING INTO ACCOUNT THE OVERALL GROWTH, IF ANY, OF
THE HORSE RACING AND BREEDING INDUSTRY IN NEW YORK STATE. NOTHING HERE-
IN, HOWEVER, SHALL PERMIT ANY PAYMENTS TO EDUCATION TO BE DIMINISHED
BELOW THEIR TWO THOUSAND THIRTEEN LEVELS AS PROVIDED FOR THROUGH VIDEO
LOTTERY TERMINALS. THE REPORT SHALL, PRIOR TO BEING ISSUED IN FINAL
FORM, BE SUBJECT TO A PUBLIC HEARING AT WHICH INTERESTED PARTIES FROM
THE AGRICULTURAL INDUSTRY AND THOSE ENGAGED IN THE RACING OF HORSES AND
THE SUPPORT WORKERS ASSOCIATED WITH THE HORSE RACING INDUSTRY, OR THEIR
S. 5586 9
REPRESENTATIVES, SHALL BE PERMITTED TO TESTIFY. SUCH REPORT SHALL BE
ISSUED NOT LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
S 2. Section 109-a of the racing, pari-mutuel wagering and breeding
law is amended by adding three new subdivisions 4, 5 and 6 to read as
follows:
4. CONSTRUCTION. CONSTRUCTION FOR EACH CAPITAL PROJECT UNDERTAKEN BY A
GAMING FACILITY SHALL BE DEEMED A "PUBLIC WORK" TO BE PERFORMED IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, AS
WELL AS SUBJECT TO SECTIONS TWO HUNDRED, TWO HUNDRED FORTY, TWO HUNDRED
FORTY-ONE AND TWO HUNDRED FORTY-TWO OF THE LABOR LAW AND ENFORCEMENT OF
PREVAILING WAGE REQUIREMENTS BY THE NEW YORK STATE DEPARTMENT OF LABOR.
5. CAPITAL PROJECTS. IF OTHERWISE APPLICABLE, CAPITAL PROJECTS UNDER-
TAKEN BY A GAMING FACILITY SHALL BE SUBJECT TO SECTION ONE HUNDRED THIR-
TY-FIVE OF THE STATE FINANCE LAW AND SECTION TWO HUNDRED TWENTY-TWO OF
THE LABOR LAW.
6. PROJECT LABOR AGREEMENTS. A. FOR THE PURPOSES OF THIS SECTION,
"PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING
AGREEMENT BETWEEN A GAMING FACILITY OR CONTRACTOR THEREOF AND THE NEW
YORK STATE BUILDING AND CONSTRUCTION TRADES COUNCIL AND/OR A SUBDIVISION
THEREOF, DETERMINED BY THE GAMING COMMISSION AS REPRESENTING THE LARGEST
NUMBER OF EMPLOYEES LIKELY TO WORK ON THE PROJECT, ESTABLISHING THE
LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL
PERSONS WHO WILL PERFORM WORK ON THE PROJECT, AND WHICH PROVIDES THAT
ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT
WITH THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK.
B. THE GAMING COMMISSION SHALL REQUIRE A GAMING FACILITY OR CONTRACTOR
THEREOF AWARDED A CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR
OTHER AGREEMENT FOR A PROJECT TO ENTER INTO A PROJECT LABOR AGREEMENT
DURING AND FOR THE WORK INVOLVED WITH SUCH PROJECT WHEN SUCH REQUIREMENT
IS PART OF THE GAMING FACILITY PROJECT, BUT ONLY IF THE GAMING COMMIS-
SION DETERMINES THAT THE RECORD SUPPORTING THE DECISION TO ENTER INTO
SUCH AN AGREEMENT ESTABLISHES THAT THE INTERESTS OF THE STATE ARE BEST
MET BY REQUIRING A PROJECT LABOR AGREEMENT INCLUDING: OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE PRICE; PREVENTING FAVORITISM, FRAUD AND
CORRUPTION; THE IMPACT OF DELAY; THE POSSIBILITY OF COST SAVINGS; AND
ANY LOCAL HISTORY OF LABOR UNREST.
C. ANY CONTRACT TO WHICH THE GAMING FACILITY IS A PARTY, AND ANY
CONTRACT ENTERED INTO BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF
AND FOR THE BENEFIT OF THE GAMING FACILITY PURSUANT TO ANY LEASE, PERMIT
OR OTHER AGREEMENT BETWEEN SUCH THIRD PARTY AND THE GAMING FACILITY, FOR
THE CONSTRUCTION, RECONSTRUCTION, DEMOLITION, EXCAVATION, REHABILI-
TATION, REPAIR, RENOVATION, ALTERATION, OR IMPROVEMENT, OF A PROJECT
UNDERTAKEN PURSUANT TO THIS CHAPTER, SHALL BE SUBJECT TO ALL OF THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, INCLUDING THE ENFORCEMENT
OF PREVAILING WAGE REQUIREMENTS BY THE FISCAL OFFICER AS DEFINED IN
PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE
LABOR LAW TO THE SAME EXTENT AS A CONTRACT OF THE STATE, AND SHALL BE
DEEMED PUBLIC WORK FOR PURPOSES OF SUCH ARTICLE.
D. EVERY CONTRACT ENTERED INTO BY THE GAMING FACILITY FOR A PROJECT
SHALL CONTAIN A PROVISION THAT THE CONTRACTOR SHALL FURNISH A LABOR AND
MATERIAL BOND GUARANTEEING PROMPT PAYMENT OF MONEYS THAT ARE DUE TO ALL
PERSONS FURNISHING LABOR AND MATERIALS PURSUANT TO THE REQUIREMENTS OF
ANY CONTRACTS FOR A PROJECT UNDERTAKEN PURSUANT TO THIS SECTION AND A
PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE OF THE PROJECT, WHICH
SHALL CONFORM TO THE PROVISIONS OF SECTION ONE HUNDRED THREE-F OF THE
GENERAL MUNICIPAL LAW, AND THAT A COPY OF SUCH PERFORMANCE AND PAYMENT
S. 5586 10
BONDS SHALL BE KEPT BY THE GAMING COMMISSION AND SHALL BE OPEN TO PUBLIC
INSPECTION.
E. FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, ANY
PERSON ENTERING INTO A CONTRACT FOR A PROJECT AUTHORIZED PURSUANT TO
THIS SECTION SHALL BE DEEMED A STATE AGENCY AS THAT TERM IS DEFINED IN
SUCH ARTICLE AND SUCH CONTRACTS SHALL BE DEEMED STATE CONTRACTS WITHIN
THE MEANING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
F. WHENEVER A GAMING FACILITY ENTERS INTO A CONTRACT, SUBCONTRACT,
LEASE, GRANT, BOND, COVENANT OR OTHER AGREEMENT FOR CONSTRUCTION, RECON-
STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION,
ALTERATION, OR IMPROVEMENT WITH RESPECT TO EACH PROJECT UNDERTAKEN
PURSUANT TO THIS CHAPTER, THE GAMING COMMISSION SHALL CONSIDER THE
FINANCIAL AND ORGANIZATIONAL CAPACITY OF CONTRACTORS AND SUBCONTRACTORS
IN RELATION TO THE MAGNITUDE OF WORK THEY MAY PERFORM, THE RECORD OF
PERFORMANCE OF CONTRACTORS AND SUBCONTRACTORS ON PREVIOUS WORK, THE
RECORD OF CONTRACTORS AND SUBCONTRACTORS IN COMPLYING WITH EXISTING
LABOR STANDARDS AND MAINTAINING HARMONIOUS LABOR RELATIONS, AND THE
COMMITMENT OF CONTRACTORS TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW THROUGH
JOINT VENTURES OR SUBCONTRACTOR RELATIONSHIPS.
G. THE GAMING COMMISSION SHALL FURTHER REQUIRE, ON ANY CONTRACT FOR
CONSTRUCTION IN EXCESS OF THREE MILLION DOLLARS WITH RESPECT TO ANY
CONTRACT FOR CONSTRUCTION, RECONSTRUCTION, DEMOLITION, EXCAVATION, REHA-
BILITATION, REPAIR, RENOVATION, ALTERATION, OR IMPROVEMENT THAT EACH
CONTRACTOR AND SUBCONTRACTOR SHALL PARTICIPATE IN APPRENTICE TRAINING
PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE
DEPARTMENT OF LABOR FOR NOT LESS THAN THREE YEARS. THE GAMING COMMISSION
SHALL FURTHER REQUIRE THAT EACH CONTRACTOR AND SUBCONTRACTOR SHALL HAVE
GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE
AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH TRAINING PROGRAM.
ADDITIONALLY IT MUST BE DEMONSTRATED THAT THE PROGRAM HAS MADE SIGNIF-
ICANT EFFORTS TO ATTRACT AND RETAIN MINORITY APPRENTICES, AS DETERMINED
BY AFFIRMATIVE ACTION GOALS ESTABLISHED FOR SUCH PROGRAMS BY THE DEPART-
MENT OF LABOR.
S 3. The state finance law is amended by adding a new section 99-v to
read as follows:
S 99-V. REAL PROPERTY TAX REDUCTION ACCOUNT. 1. THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE COMPTROLLER AN ACCOUNT TO BE KNOWN AS THE
"REAL PROPERTY TAX REDUCTION ACCOUNT."
2. SUCH ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO FROM THE
STATE REVENUE FUND CREATED PURSUANT TO SECTION THIRTEEN HUNDRED SIX OF
THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
3. ALL PAYMENT OF MONEYS FROM THE REAL PROPERTY TAX REDUCTION ACCOUNT
SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
4. SUCH MONIES SHALL BE DEVOTED TWENTY PERCENT TO THE HOST COMMUNITY
AS DETERMINED BY THE STATE GAMING COMMISSION AND EIGHTY PERCENT TO COUN-
TIES ACROSS THE STATE.
S 4. The state finance law is amended by adding a new section 99-w to
read as follows:
S 99-W. BELMONT REVITALIZATION ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
IN THE CUSTODY OF THE STATE COMPTROLLER AN ACCOUNT TO BE KNOWN AS THE
"BELMONT REVITALIZATION ACCOUNT."
2. SUCH ACCOUNT SHALL CONSIST OF ALL AMOUNTS PAYABLE UNDER SUBDIVISION
TWO OF SECTION THIRTEEN HUNDRED THREE OF THE RACING, PARI-MUTUEL WAGER-
ING AND BREEDING LAW.
S. 5586 11
3. THE FUNDS IN THE ACCOUNT SHALL BE UTILIZED AS DETERMINED BY RESOL-
UTION OF A BOARD COMPRISED OF THE MAJORITY LEADER OF THE NASSAU COUNTY
LEGISLATURE, OR HIS OR HER DESIGNEE, THE MINORITY LEADER OF THE NASSAU
COUNTY LEGISLATURE, OR HIS OR HER DESIGNEE, AND THE COUNTY EXECUTIVE OF
THE COUNTY OF NASSAU, OR HIS OR HER DESIGNEE.
4. ALL PAYMENTS OF MONEYS FROM THE BELMONT REVITALIZATION ACCOUNT
SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
5. SUCH RESOLUTION SHALL SPECIFY THE PROPOSED ECONOMIC DEVELOPMENT
PURPOSE OF THE FUNDS, WHICH MAY BE UTILIZED FOR THE ECONOMIC REVITALIZA-
TION OF NASSAU COUNTY, ASSOCIATED WITH THE HIGHEST AND BEST USE OF THE
BELMONT RACETRACK, ANCILLARY PROPERTIES, AND THE SURROUNDING COMMUNI-
TIES. PERMISSIBLE EXPENDITURES MAY BE FOR CAPITAL CONSTRUCTION COSTS, OR
LOCAL AID IN SUPPORT OF A PLAN OF DEVELOPMENT LOCATED WITHIN THE COUNTY.
S 5. The tax law is amended by adding a new section 1617-c to read as
follows:
S 1617-C. EXPANSION OF VIDEO LOTTERY TERMINALS. NOT LATER THAN JULY
FIRST, TWO THOUSAND FOURTEEN, THE COMMISSION SHALL ISSUE AN INTERIM
REPORT AND BY DECEMBER FIRST, TWO THOUSAND FOURTEEN A FINAL REPORT
RECOMMENDING WHETHER OR NOT VIDEO LOTTERY TERMINALS SHOULD BE EXPANDED
WITHIN THE STATE. PARTICULAR CONSIDERATION SHOULD BE GIVEN TO THE IMPACT
OF SUCH AN EXPANSION BASED ON POTENTIAL LOCATIONS OF CASINO GAMBLING
FACILITIES WITH RESPECT TO EXISTING VIDEO LOTTERY GAMING OPERATIONS AS
WELL AS AT SITES NOT AUTHORIZED TO HAVE CASINO GAMBLING FACILITIES AND
MAKING A RECOMMENDATION TO THE LEGISLATURE ON LEVELS OF TAXATION ASSOCI-
ATED WITH VIDEO LOTTERY TERMINALS AT EXISTING AND PROPOSED NEW VIDEO
LOTTERY GAMING FACILITIES.
S 6. Subdivision a of section 1617-a of the tax law, as amended by
section 2 of part O-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
a. The division of the lottery is hereby authorized to license, pursu-
ant to rules and regulations to be promulgated by the division of the
lottery, the operation of video lottery gaming at (1) Aqueduct, Monti-
cello, 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 coun-
ties 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; AND (2) AT ONE REGIONAL OFF-TRACK
BETTING CORPORATION FACILITY LICENSED PURSUANT TO SECTION ONE THOUSAND
EIGHT OR ONE THOUSAND NINE OF THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW WITHIN ANY REGIONAL CORPORATION DEFINED IN ARTICLE FIVE OF
THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN WHICH NO PARTIC-
IPATING COUNTY CONTAINS EITHER A THOROUGHBRED OR STANDARDBRED RACETRACK
LICENSED TO OPERATE VIDEO LOTTERY GAMING BY THE STATE GAMING COMMISSION.
THE REGIONAL CORPORATION SHALL BE DEEMED A "VENDOR" FOR ALL PURPOSES
UNDER THIS ARTICLE. 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 operations 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
S. 5586 12
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. 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 whether or not a different entity is
licensed to conduct horse racing and pari-mutuel wagering at such race-
track pursuant to article two or three of the racing, pari-mutuel wager-
ing and breeding law.
The division, in consultation with the [racing and wagering board]
STATE GAMING COMMISSION, shall establish standards for approval of the
temporary and permanent physical layout and construction of any facility
or building devoted to a video lottery gaming operation. In reviewing
such application for the construction or reconstruction of facilities
related or devoted to the operation or housing of video lottery gaming
operations, the division, in consultation with the racing and wagering
board, shall ensure that such facility:
(1) possesses superior consumer amenities and conveniences to encour-
age and attract the patronage of tourists and other visitors from across
the region, state, and nation.
(2) has adequate motor vehicle parking facilities to satisfy patron
requirements.
(3) has a physical layout and location that facilitates access to and
from the horse racing track portion of such facility to encourage patro-
nage of live horse racing events that are conducted at such track.
S 7. Paragraphs (b) and (c) of subdivision 1 of section 169 of the
executive law, as amended by section 9 of part A of chapter 60 of the
laws of 2012, are amended to read as follows:
(b) commissioner of labor, chairman of public service commission,
commissioner of taxation and finance, superintendent of financial
services, commissioner of criminal justice services, [and] commissioner
of parks, recreation and historic preservation AND CHAIR OF THE GAMING
COMMISSION;
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
development, chair of the energy research and development authority,
president of higher education services corporation, commissioner of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, commissioner of alcoholism and
substance abuse services, executive director of the housing finance
agency, commissioner of housing and community renewal, executive direc-
tor of state insurance fund, commissioner-chair of state liquor authori-
ty, chair of the workers' compensation board AND COMMISSIONERS OF THE
GAMING COMMISSION;
S 8. Subdivisions 3, 4 and 5 of section 102 of the racing, pari-mutuel
wagering and breeding law, as added by section 1 of part A of chapter 60
of the laws of 2012, are amended to read as follows:
3. A member shall be designated as chair of the commission by the
governor to serve in such capacity at the pleasure of the governor or
until his or her term as commission member expires, whichever first
S. 5586 13
occurs. The members shall be appointed for terms of [five] NINE years;
provided, however, that initial appointments to the commission shall be
for terms as follows:
(a) one member appointed by the governor shall serve for a [one] SIX
year term, one member appointed by the governor shall serve for a [two]
SEVEN year term, one member appointed by the governor shall serve for a
[three] EIGHT year term, [one member] TWO MEMBERS appointed by the
governor shall EACH serve for a [four] NINE year term, [one member
appointed by the governor shall serve for a five year term]; and
(b) each of the members appointed by the governor upon the recommenda-
tion of the temporary president of the senate and upon the recommenda-
tion of the speaker of the assembly shall serve for a [four] NINE year
term.
4. The members shall[, when performing the work of the commission, be
compensated at a rate of three hundred dollars per day, together with an
allowance] BE REIMBURSED for actual and necessary expenses incurred in
the discharge of their duties FOR TRAVEL AND OTHER EXPENSES.
5. The members of the commission shall not hold any other [public]
office or [public] employment for which they shall receive compen-
sation[, other than necessary travel or other expenses incurred in the
performance of the duties of such office or employment. Members may
engage in private employment or in a profession or business, provided,
however, such employment does not interfere or conflict with the
performance or proper discharge of his or her duties].
S 9. This act shall take effect immediately; provided that section six
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law provided, however that
section six of this act shall not take effect until gambling facilities
are authorized by amendment to subdivision 1 of section 9 of article 1
of the state constitution; and provided, further, that any license
issued under article 13 of the racing, pari-mutuel wagering and breeding
law, as added by section one of this act, shall not take effect until
gambling facilities are authorized by amendment to subdivision 1 of
section 9 of article 1 of the state constitution.
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