NY State Senate Bill 2017-S6377

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to racing, gaming and wagering
May 11, 2017	referred to racing, gaming and wagering

2017-S6377 (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Amd §§1314, 1320 & 1366, RWB L; amd §1617-a, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6433
2015-2016: S3081
2019-2020: S2648
2021-2022: S1335

2017-S6377 (ACTIVE) - Summary

Relates to the casino siting home rule.

2017-S6377 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6377

 TITLE OF BILL :  An act to amend the racing, pari-mutuel wagering and
breeding law and the tax law, in relation to the casino siting home
rule

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation amends several statutes within Article 13 of the
state racing, pari-mutuel wagering, and breeding law pertaining to the
casino siting process. Specifically, this bill would require that
local support for the siting of a casino in a specific municipality be
demonstrated through the passage of local laws or resolutions in
support by said municipality.

In addition, the bill amends Article 13 to make explicit that
construction of any casino or destination resort affiliated with a
casino comply with the state environmental quality review act. The
bill would also prohibit the transfer of land to the state, any
municipal corporation, or any agency or authority thereof for the
construction of a casino as a means of avoiding compliance with local
zoning regulations and requirements as established by host
municipalities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends subdivision 2 of section 1314 of article
13 in the racing law to make explicit that local support for a casino
shall be shown through the passage of local laws or resolutions in
support by both the host municipality and county.

Section 3 of the bill amends section 1366 of article 13 in the racing
law to require the construction of any class III gaming facility or
new video lottery terminal facility comply with the state
environmental quality review act. This section also prohibits the
transfer of land to the state,'any municipal corporation, or any
agency or authority thereof for the construction of a casino as a
means of avoiding compliance with local zoning regulations and
requirements as established by host municipalities.

Section 5 of the bill is the effective date.

 JUSTIFICATION :

Following passage of the casino referendum in the fall of 2013, it has
become clear that many local municipalities, counties, and advocacy
organizations are struggling with whether or not a casino should be
built within its borders. While casinos offer the potential for
economic development, they also have the potential to bring with them
social problems associated with gambling addiction, such as increases
in crime, domestic violence and financial instability. In addition,
casinos may close off other economic development strategies that
localities prefer to pursue.

Unfortunately, the enabling legislation passed by the legislature did
not contain any home rule provision that would allow a municipality to
explicitly reject a casino if the residents therein did not want one.

This effectively allows the state to place a casino in an area
notwithstanding local opposition.

This bill would amend the enabling legislation to require a locality
to pass a measure of support if it would like a casino built. New York
State has long recognized the importance of home rule, and requires
local home rule messages on a host of issues with less community
impact than the siring of a casino. Other states have also recognized
the importance of a local role in determining casino siting.
Massachusetts, which also recently passed legislation authorizing
casinos, has strong, clear language regarding the right of localities
to approve or reject the siting of casinos.

The bill also helps maintain local control by requiring the
construction of any casino be subject to all local land use and zoning
rules and regulations. Finally, in order to ensure that the
significant environmental impacts of any casino are fully identified
and mitigated, the bill subjects the siting or all casinos to the
state environmental quality review act.

 FISCAL IMPLICATION :

None

 EFFECTIVE DATE :
This bill would take effect immediately.

2017-S6377 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6377
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 and
   the tax law, in relation to the casino siting home rule

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

                                                            LBD05790-01-7

 S. 6377                             2
 
   3. THE REQUIREMENTS SET FORTH IN THIS SECTION SHALL BE IN ADDITION  TO
 THE  REQUIREMENTS  OF  THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY
 REVIEW ACT UNDER ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND
 ITS IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617  AND  ANY
 OTHER GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS THERETO.
   §  4.  The opening paragraph of subdivision b of section 1617-a of the
 tax law, as amended by section 1 of part SS of chapter 60 of the laws of
 2016, is amended to read as follows:
   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 gaming commission is
 afforded  adequate  space, infrastructure, and amenities consistent with
 industry standards for such video lottery 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  gaming commission and such other terms and conditions of licen-
 sure as the gaming commission may establish. Notwithstanding any  incon-
 sistent  provision  of law, video lottery gaming at a racetrack pursuant
 to this section shall be deemed an approved activity for such  racetrack
 under  the  relevant  city,  county, town, or village land use or zoning
 ordinances, rules, or regulations  AND  SHALL  BE  IN  ADDITION  TO  THE
 REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW
 ACT  UNDER  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS
 IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617 AND ANY OTHER
 GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS HERETO.  No  entity
 licensed  by the gaming commission operating video lottery gaming pursu-
 ant 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  gaming
 commission  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  racetrack  pursuant  to  article two or three of the
 racing, pari-mutuel wagering and breeding law.
   § 5. This act shall take effect immediately.

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Senate Bill S6377

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2017-S6377 (ACTIVE) - Details

2017-S6377 (ACTIVE) - Summary

2017-S6377 (ACTIVE) - Sponsor Memo

2017-S6377 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6377

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2017-S6377 (ACTIVE) - Details

2017-S6377 (ACTIVE) - Summary

2017-S6377 (ACTIVE) - Sponsor Memo

2017-S6377 (ACTIVE) - Bill Text download pdf

Comments