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
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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.