S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4710
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the tax law, in relation to rules and regulations neces-
   sary for the implementation of video lottery gaming
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions e and f of section 1617-a of the tax law, as
 amended by section 1 of part SS of chapter 60 of the laws of  2016,  are
 amended and a new subdivision f-1 is added to read as follows:
   e.  Video  lottery  gaming shall [only] be permitted for [no more than
 twenty consecutive hours per day and on no day shall such  operation  be
 conducted  past 6:00 a.m.] A VENDOR TRACK HAVING FEWER THAN ONE THOUSAND
 FIVE HUNDRED SEVENTY-FIVE VIDEO GAMING MACHINES  OPERATED  DAILY  FOR  A
 MAXIMUM  OF ONE HUNDRED TWENTY-EIGHT HOURS PER WEEK AND A MINIMUM OF ONE
 HUNDRED TWELVE HOURS PER WEEK, AND FOR A VENDOR TRACK HAVING  ONE  THOU-
 SAND  FIVE  HUNDRED  SEVENTY-FIVE OR MORE VIDEO GAMING MACHINES OPERATED
 DAILY FOR A MAXIMUM OF ONE HUNDRED FORTY HOURS PER WEEK AND A MINIMUM OF
 ONE HUNDRED TWELVE HOURS PER WEEK, WITH THE ACTUAL DAILY HOURS OF OPERA-
 TION SET BY EACH VENDOR TRACK AND APPROVED BY THE DIRECTOR.
   f. The gaming commission shall promulgate such rules  and  regulations
 as  may  be  necessary for the implementation of video lottery gaming in
 accordance with the provisions of this section [and  paragraph  five  of
 subdivision  a  of section sixteen hundred twelve of this article]. SUCH
 RULES AND REGULATIONS SHALL PROVIDE FOR, BUT NOT BE LIMITED TO, AUTHORI-
 ZATION OF VIDEO LOTTERY VERSIONS OF ANY ELECTRONIC TABLE GAME CAPABLE OF
 GENERATING RANDOM RESULTS SUCH AS ROULETTE, BACCARAT, POKER  AND  "TWEN-
 TY-ONE".
   F-1. THE DIVISION, IN CONSULTATION WITH THE RACING AND WAGERING BOARD,
 SHALL ENSURE THAT:
   (1)  ALL  ENTITIES  LICENSED  BY THE DIVISION TO OPERATE VIDEO LOTTERY
 GAMING HAVE ENTERED INTO A LABOR PEACE AGREEMENT, AS  SET  FORTH  BELOW,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09014-01-9

 A. 4710                             2
 
 WITH EACH LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
 ATTEMPTING  TO  REPRESENT VIDEO LOTTERY AND HOSPITALITY INDUSTRY WORKERS
 IN THE STATE;
   (2) THE LABOR PEACE AGREEMENT IS VALID AND ENFORCEABLE UNDER 29 U.S.C.
 SECTION 185;
   (3) THE LABOR PEACE AGREEMENT PROTECTS THE STATE'S REVENUES BY PROHIB-
 ITING THE LABOR ORGANIZATION AND ITS MEMBERS FROM ENGAGING IN PICKETING,
 WORK  STOPPAGES,  BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE
 OPERATION OF THE VIDEO LOTTERY FACILITY; AND
   (4) IF A RACETRACK FACILITY EXISTING AS OF THE EFFECTIVE DATE OF  THIS
 SUBDIVISION  ADDS  VIDEO  LOTTERY  ELECTRONIC TABLE GAMES AND SUCH VIDEO
 LOTTERY ELECTRONIC TABLE GAMES, IN THE  SOLE  DISCRETION  OF  THE  VIDEO
 LOTTERY  AGENT,  ARE  OPERATED  BY  AN ATTENDANT OR A DEALER, SUCH LABOR
 PEACE AGREEMENT NEED ONLY APPLY TO SUCH ATTENDANTS AND DEALERS OF  ELEC-
 TRONIC  TABLE  GAMES AT SUCH FACILITY, WHETHER OR NOT SUCH VIDEO LOTTERY
 OPERATIONS ARE CONDUCTED BY A LESSEE OR TENANT  OR  UNDER  A  MANAGEMENT
 AGREEMENT.  FOR  ALL OTHER FACILITIES, THE LABOR PEACE AGREEMENT APPLIES
 TO ALL OPERATIONS AT A FACILITY WITH VIDEO LOTTERY CAPABILITIES, WHETHER
 OR NOT SUCH OPERATIONS ARE CONDUCTED BY A LESSEE OR TENANT  OR  UNDER  A
 MANAGEMENT  AGREEMENT.  THE  FOREGOING  LABOR PEACE PROVISIONS SHALL NOT
 APPLY TO THE BUFFALO RACEWAY/FAIRGROUNDS IN ERIE COUNTY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.