NY State Assembly Bill 2013-A4236

Assembly Bill A4236

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 - On Floor Calendar

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2014	ordered to third reading rules cal.595 rules report cal.595 reported
Jun 16, 2014	reported referred to rules
Jun 10, 2014	reported referred to ways and means
Jun 06, 2014	amend by restoring to original print 4236
Jun 02, 2014	amend (t) and recommit to racing and wagering
Jan 08, 2014	referred to racing and wagering
Feb 01, 2013	referred to racing and wagering
Jun 02, 2014	print number 4236a

Bill Amendments

Original

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multi-Sponsors

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2013-A4236 (ACTIVE) - Details

See Senate Version of this Bill:: S5705
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:: A7301, S5054

2013-A4236 (ACTIVE) - Summary

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

2013-A4236 (ACTIVE) - Bill Text download pdf

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

                                  4236

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  PRETLOW, HEASTIE, STEVENSON, V. LOPEZ, COOK,
  BOYLAND, WEPRIN, KELLNER, PERRY, DINOWITZ, CAMARA,  RODRIGUEZ,  ROBIN-
  SON,  SCARBOROUGH,  ORTIZ,  TITONE,  COLTON, MARKEY, ESPINAL -- Multi-
  Sponsored by -- M. of A. BROOK-KRASNY, CLARK, CRESPO, CUSICK,  GIBSON,
  JACOBS,  MALLIOTAKIS  --  read  once  and referred to the Committee on
  Racing and Wagering

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;
  [f.] E. Central: Lewis and Onondaga counties;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07676-01-3

A. 4236                             2

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

A. 4236                             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

A. 4236                             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.

co-Sponsors

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multi-Sponsors

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2013-A4236A - Details

See Senate Version of this Bill:: S5705
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:: A7301, S5054

2013-A4236A - Summary

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

2013-A4236A - Bill Text download pdf

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

                                 4236--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M. of A. PRETLOW, HEASTIE, COOK, WEPRIN, KELLNER, PERRY,
  DINOWITZ, CAMARA, RODRIGUEZ,  ROBINSON,  SCARBOROUGH,  ORTIZ,  TITONE,
  COLTON,  MARKEY,  SKOUFIS,  PICHARDO -- Multi-Sponsored by -- M. of A.
  BROOK-KRASNY, CLARK, CRESPO, CUSICK, JACOBS, MALLIOTAKIS, SEPULVEDA --
  read once and referred to the Committee  on  Racing  and  Wagering  --
  recommitted to the Committee on Racing and Wagering in accordance with
  Assembly Rule 3, sec. 2 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07676-05-4

A. 4236--A                          2

thousand, include sitting members of such governing body. A member of  a
governing  body  who  is appointed a director after July first, nineteen
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

A. 4236--A                          3

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.
  (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-

A. 4236--A                          4

TATIVES  AND  CATSKILL OFF-TRACK BETTING CORPORATION.  NOTHING CONTAINED
IN THIS CHAPTER 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; 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.

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Assembly Bill A4236

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Sponsored By

PRETLOW

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Carl Heastie

Vivian Cook

David Weprin

Micah Kellner

multi-Sponsors

Alec Brook-Krasny

Barbara Clark

Marcos Crespo

Michael Cusick

2013-A4236 (ACTIVE) - Details

2013-A4236 (ACTIVE) - Summary

2013-A4236 (ACTIVE) - Bill Text download pdf

co-Sponsors

Carl Heastie

Vivian Cook

David Weprin

Micah Kellner

multi-Sponsors

Alec Brook-Krasny

Barbara Clark

Marcos Crespo

Michael Cusick

2013-A4236A - Details

2013-A4236A - Summary

2013-A4236A - Bill Text download pdf

Comments