senate Bill S5705B

2013-2014 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 - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1666
committee discharged and committed to rules
Jun 12, 2014 print number 5705b
amend (t) and recommit to racing, gaming and wagering
Jun 11, 2014 amend by restoring to original print 5705
Jan 08, 2014 referred to racing, gaming and wagering
Jun 06, 2013 referred to racing, gaming and wagering
Jun 02, 2014 print number 5705a
amend (t) and recommit to racing, gaming and wagering

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S5705 - Bill Details

See Assembly Version of this Bill:
A4236
Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, rpld §532 sub 7, add §§517-a, 517-b & 517-c, RWB L
Versions Introduced in 2011-2012 Legislative Session:
S5054A, A7301B

S5705 - 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:S5705

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; and to repeal
subdivision 7 of section 532 of the racing, pari-mutuel wagering and
breeding law, in relation to disposition of revenues

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, pan-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: 2012: S.5054-A/.A.7301-B, VETO
172.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.

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

                                  5705

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 6, 2013
                               ___________

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;  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;
  [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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07676-02-3

S. 5705                             2

  [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 OF THIS SUBDIVISION, the following: Cayuga, Chenango,  Cort-
land, Franklin, Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and
Tompkins counties.
  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.
  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-

S. 5705                             3

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
COMMISSION, OR ITS SUCCESSOR, A BUSINESS PLAN, INCLUDING BUT NOT LIMITED
TO,  OUTLINING  INVESTMENTS, PROJECTED OPERATING COSTS, PROJECTED REVEN-
UES, 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 ITS 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 COMMISSION, OR ITS SUCCESSOR, APPROVES OF SUCH PLAN.
THE  COMMISSION,  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 COMMISSION,  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
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

S. 5705                             4

New  York  state  gaming  commission, 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 supplemental one per centum surcharge established by subdivi-
sion 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  New  York
state  gaming  commission, 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  New
York state gaming commission, or its successor; or (ii) one year follow-
ing  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.

Co-Sponsors

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S5705A - Bill Details

See Assembly Version of this Bill:
A4236
Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, rpld §532 sub 7, add §§517-a, 517-b & 517-c, RWB L
Versions Introduced in 2011-2012 Legislative Session:
S5054A, A7301B

S5705A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5705A

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 and providing for
the disposition of revenue received by such corporation

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
include Richmond, Queens, Kings, Bronx, and New York counties in the
Catskill region.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 502 of the racing,
pari-mutuel wagering and breeding law adding one member appointed by
the Mayor of New York City to the governing board of the Catskill OTB
Region.

Section 2 amends subdivision 1 of § 5 of the racing, pari-mutuel
wagering and breeding law to include Richmond, Queens, Kings, Bronx,
and New York counties in the Catskill OTB region.

Section 3 amends article V of the racing, pari-mutuel wagering and
breeding law by adding a new § 517-A to require the site selection
board to have jurisdiction over all Catskill off-track betting
corporation's site development in New York City.

Section 3 amends article V of the racing, pari-mutuel wagering and
breeding law by adding a new section 517-B to recognize the collective
bargaining representatives of the employees of the New York City
off-track betting corporation as of December 6, 2010 and abide by
agreements negotiated between such representatives, and Catskill
off-track betting corporation.

Section 3 amends article 5 of the racing, pari-mutuel wagering and
breeding law by adding a new section 517-C to require Catskill
off-track betting corporation to provide an annual report to the
Gaming Commission.

Section 4 amends section 516 of the racing, pari-mutuel wagering and
breeding law by adding a new subdivision 3 provides for the
disposition of net revenue gained by the Catskill OTB corporation -
50% among the five counties of New York City and 50% to Catskill OTB's
counties outside of the five counties of New York City.

Section 5 amends subdivision 7 of section 532 of the racing,
pari-mutuel wagering and breeding law by requiring any payments
previously required to be payable to the City of New York to be paid
to the Catskill OTB corporation for use for any corporate purpose and
to be distributed as net revenue.

Section 6 provides for the use of the capital acquisition fund for any
corporate purpose.

Section 7 provides for the effective date.


EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Article 5
provides for the provisions that govern regional off-track betting
corporations.

JUSTIFICATION: As the only profitable off-track betting corporation in
the country, the Catskill region corporation sees this as an
opportunity to infuse the horse racing industry with much needed
capital in New York state; to bring former OTS workers back to work;
to reclaim revenue from illegal bookies; and to increase revenue for
the corporation, the Catskill member counties, the City of New York
and the state.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.

EFFECTIVE DATE: Immediate.

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

                                 5705--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 6, 2013
                               ___________

Introduced  by  Sens.  LANZA,  AVELLA, DILAN, HASSELL-THOMPSON, PERKINS,
  SMITH -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Racing, Gaming and Wagering -- recommit-
  ted to the Committee on Racing, Gaming and Wagering in accordance 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 providing for the disposition of
  revenue received by such corporation

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

  Section  1.    Subdivision 1 of section 502 of the racing, pari-mutuel
wagering and breeding law, as amended by chapter  710  of  the  laws  of
1990, is amended to read as follows:
  1.  A regional off-track betting corporation is hereby established for
each region, except the New York city region for which the New York city
off-track betting corporation established pursuant  to  and  subject  to
article  six  of  this chapter shall constitute the regional corporation
and such article six shall govern such New York city  off-track  betting
corporation.  Each  regional  corporation  shall be a body corporate and
politic constituting a  public  benefit  corporation.  Each  corporation
shall  be administered by a board of directors consisting of two members
from each participating county containing a city  of  over  one  hundred
fifty  thousand in population, according to the last federal census, and
one member from each other  participating  county.  Notwithstanding  any
other  provision  of law to the contrary, the members shall be appointed
by the county governing body, and may, at the discretion of such govern-
ing body of counties which have a population of less  than  two  hundred
thousand,  include sitting members of such governing body. A member of a
governing body who is appointed a director after  July  first,  nineteen

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07676-04-4

S. 5705--A                          2

hundred  ninety  shall  not  be compensated by the regional corporation;
provided, however, that the mayor of a city of over  one  hundred  fifty
thousand  that  has elected to participate in the management of a corpo-
ration  pursuant  to  subdivision  two  of  this section shall, with the
approval of the city's legislative body, appoint one of the  members  to
which  the  county  containing such city is entitled. In the case of the
corporation established for the Suffolk region and  Nassau  region,  the
board  of  directors  of each corporation shall consist of three members
appointed by the governing body of each county, not  more  than  two  of
whom  shall  be members of the same political party. Each director shall
serve at the pleasure of the governing body or mayor appointing  him  OR
HER,  as  the case may be. A chairman shall be elected by the members to
serve a term of one year.  IN THE CASE OF A CITY HAVING A POPULATION  OF
OVER  ONE  MILLION  WITHIN  THE  CATSKILL  OFF-TRACK BETTING REGION, ONE
MEMBER SHALL BE APPOINTED BY THE MAYOR OF SUCH CITY.
  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
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 OF THIS SUBDIVISION, the following: Cayuga, Chenango, Cort-
land, Franklin, Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and
Tompkins counties.
  S 3. Article 5 of 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. (A) 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 SUCH 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

S. 5705--A                          3

LOCATED;  AND  THE  COMPTROLLER  OF  THE  CITY OF NEW YORK, OR THE COMP-
TROLLER'S DESIGNEE.
  (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, THE FIRST TWO
OFF-TRACK BETTING FACILITIES LOCATED IN EACH BOROUGH OF THE CITY OF  NEW
YORK SHALL NOT REQUIRE APPROVAL OF THE SITE SELECTION BOARD.
  2.  THE  SITE  SELECTION BOARD SHALL OPERATE PURSUANT TO THE FOLLOWING
PROCEDURES:
  (A) EVERY ACT OF THE BOARD SHALL BE BY RESOLUTION ADOPTED BY A MAJORI-
TY 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 OF NEW YORK FOR TWO CONSECUTIVE BUSINESS
DAYS IMMEDIATELY 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 OF NEW YORK 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 OF  NEW  YORK
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 SUCH 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 IN PARAGRAPH (A) OF THIS
SUBDIVISION AND THAT BY ITS FAILURE TO ACT WITHIN THIRTY DAYS THE  BOARD
SHALL BE DEEMED TO HAVE APPROVED THE SITE.
  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 PROVISION OF LAW TO THE CONTRARY, TO THE
EXTENT  THAT THE CATSKILL OFF-TRACK BETTING CORPORATION OPENS FACILITIES
WITHIN THE FIVE COUNTIES OF THE CITY OF NEW YORK TO ENGAGE IN  OFF-TRACK
BETTING  OR  THE  SUPPORT  THEREOF, SUCH CORPORATION 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  REPRESEN-
TATIVES  AND  CATSKILL OFF-TRACK BETTING CORPORATION.  NOTHING CONTAINED
IN THIS CHAPTER SHALL BE CONSTRUED TO DIMINISH THE RIGHTS  OF  EMPLOYEES

S. 5705--A                          4

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; ANNUAL REPORT. THE
CATSKILL OFF-TRACK BETTING CORPORATION  SHALL  REPORT  ANNUALLY  TO  THE
STATE  GAMING  COMMISSION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
TO, OPERATING COSTS, REVENUES, EXISTING AND PROJECTED LOCATIONS, EMPLOY-
MENT, FACILITIES, AND PARI-MUTUEL WAGERING HANDLE AT EACH  LOCATION,  AS
WELL  AS  OTHER  DETAILS  RELEVANT  TO DETERMINE THE SUCCESS OF CATSKILL
OFF-TRACK BETTING CORPORATION ACCEPTING BETS WITHIN THE FIVE COUNTIES IN
THE CITY OF NEW YORK.
  S 4. Section 516 of the racing, pari-mutuel wagering and breeding  law
is amended by adding a new subdivision 6 to read as follows:
  6.  AFTER  PAYMENT  OF  ALL  OF  THE  COSTS  OF  THE CATSKILL REGIONAL
OFF-TRACK BETTING CORPORATION ASSOCIATED WITH ITS OPERATIONS IN THE FIVE
COUNTIES IN THE CITY OF NEW YORK, NET REVENUE REMAINING TO  SUCH  CORPO-
RATION  FROM  SUCH OPERATIONS SHALL BE DIVIDED, QUARTERLY, NOT MORE THAN
SIXTY DAYS AFTER THE CLOSE OF THE CALENDAR QUARTER  IN  ACCORDANCE  WITH
THE FOLLOWING PROVISIONS:
  A.  FIFTY  PERCENT OF SUCH REVENUE TO THE FIVE COUNTIES IN THE CITY OF
NEW YORK; AND
  B. FIFTY PERCENT TO THE CATSKILL OFF-TRACK BETTING CORPORATION  TO  BE
DISTRIBUTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO PARTICIPATING
COUNTIES OUTSIDE OF THE FIVE COUNTIES OF THE CITY OF NEW YORK.
  S  5. Subdivision 7 of section 532 of the racing, pari-mutuel wagering
and breeding law, as added by chapter  115  of  the  laws  of  2008,  is
amended to read as follows:
  7.  Notwithstanding  any other provision of this section, any payments
otherwise payable to a city with a population of one  million  or  more,
[pursuant  to  this  section,  other than payments] pursuant to subpara-
graphs (i) and (iii)  of  paragraph  b  of  subdivision  three  of  this
section,  shall be payable to the corporation and shall be available for
its corporate purposes, AND SHALL BE DISTRIBUTED AS NET REVENUE PURSUANT
TO SUBDIVISION SIX OF SECTION FIVE HUNDRED SIXTEEN OF THIS CHAPTER.
  S 6. Notwithstanding any other provision of law, rule or regulation to
the contrary,  the  Catskill  off-track  betting  corporation's  capital
acquisition  fund  established pursuant to section 509-a and subdivision
3-a of section 532 of the racing, pari-mutuel wagering and breeding  law
shall  be  available  to  Catskill off-track betting corporation for any
corporate purpose.
  S 7. This act shall take effect immediately.

Co-Sponsors

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S5705B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4236
Current Committee:
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §519, rpld §532 sub 7, add §§517-a, 517-b & 517-c, RWB L
Versions Introduced in 2011-2012 Legislative Session:
S5054A, A7301B

S5705B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5705B

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; and to repeal
subdivision 7 of section 532 of the racing, pari-mutuel wagering and
breeding law relating to disposition of revenues

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
include Richmond, Queens, Kings, Bronx, and New York counties in the
Catskill region.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of § 519 of the racing, pari-mutuel
wagering and breeding law to include Richmond, Queens, Kings, Bronx,
and New York counties in the Catskill region.

Section 2 amends article V of the racing, pari-mutuel wagering and
breeding law by adding a new § 517-A to require the site selection
beard to have jurisdiction over all Catskill off-track betting
corporation's site development in New York City.

Amends article V of the racing, pari-mutuel wagering and breeding law
by adding a new section 517-B to recognize the collective bargaining
representatives of the employees of the New York City off-track
betting corporation as of December. 6, 2010 and abide by agreements
negotiated between such representatives, and Catskill off-track
betting corporation.

Amends article 5 of the racing, pari-mutuel wagering and breeding law
by adding a new section 517-C to require Catskill off-track betting
corporation to provide a business plan to the NYS Racing and Wagering
Board, for approval, prior to any implementation of the business plan.

Section 3 repeals section 532 subdivision 7.

Section 4 requires any payments that the Catskill off-track betting
corporation would otherwise pay to the counties of Richmond, Queens,
Kings, Bronx, and New York will be payable to the general fund of the
City of New York.

Section 5 provides for the limitation on the use of the capital
acquisition fund for corporate purposes as well as the ability to
impose the supplemental 1% surcharge established by § 532 (3-a) of the
racing, pari-mutuel wagering and breeding law.

Section 6 provides for the effective date.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Article 5
provides for the provisions that govern regional off-track betting
corporations.

JUSTIFICATION: As the only profitable off-track betting corporation in
the country, the Catskill region corporation sees this as an
opportunity to increase revenue for both the corporation and the
state.


PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 5705--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 6, 2013
                               ___________

Introduced  by  Sens.  LANZA,  AVELLA, DILAN, HASSELL-THOMPSON, PERKINS,
  SMITH -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Racing, Gaming and Wagering -- recommit-
  ted to the Committee on Racing, Gaming and Wagering in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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
  relating 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07676-06-4

S. 5705--B                          2

  [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 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. 5705--B                          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 SECTION  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. 5705--B                          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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