S T A T E O F N E W Y O R K
________________________________________________________________________
10572
I N A S S E M B L Y
June 6, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
read once and referred to the Committee on Ways and Means
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to the acceleration of the downstate casino licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 109-a of the racing, pari-mutuel
wagering and breeding law, as amended by section 9 of part RR of chapter
56 of the laws of 2022, is amended to read as follows:
7. Utilizing the powers and duties prescribed for it by article thir-
teen of this chapter, the board shall select, through a competitive
process consistent with provisions of article thirteen of this chapter,
not more than seven gaming facility license applicants. Such selectees
shall be authorized to receive a gaming facility license, if found suit-
able by the commission. The board may select another applicant for
authorization to be licensed as a gaming facility if a previous selectee
fails to meet licensing thresholds, is revoked or surrenders a license
opportunity. FOR THE PURPOSES OF TITLE TWO-A OF ARTICLE THIRTEEN OF
THIS CHAPTER, SUCH SELECTION SHALL TAKE PLACE PURSUANT TO SECTION THIR-
TEEN HUNDRED TWENTY-ONE-D OF THIS CHAPTER.
§ 2. Section 1321-b of the racing, pari-mutuel wagering and breeding
law, as added by section 7 of part RR of chapter 56 of the laws of 2022,
is amended to read as follows:
§ 1321-b. Requests for applications. Requests for applications shall
be handled in the same manner as provided for in section thirteen
hundred twelve of this article for gaming licenses authorized but not
awarded, provided however that any requests for applications for gaming
facility licenses authorized but not awarded may be for gaming facility
licenses in any region in zone one or in regions one, two and five in
zone two. ALL APPLICATIONS UNDER THIS SECTION MUST BE SUBMITTED BY
AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR.
§ 3. Subdivision 3 of section 1321-d of the racing, pari-mutuel wager-
ing and breeding law, as added by section 7 of part RR of chapter 56 of
the laws of 2022, is amended and two new subdivisions 5 and 6 are added
to read as follows:
3. (a) For each applicant who proposes a gaming facility located in
region two of zone one, there shall be established a community advisory
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15685-14-4
A. 10572 2
committee. THE ESTABLISHMENT OF SUCH COMMITTEES SHALL OCCUR WITHIN THIR-
TY DAYS OF THE APPOINTING AUTHORITIES RECEIVING NOTICE FROM THE COMMUNI-
TY CONSULTANT, HIRED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, THAT
ALL APPLICATIONS HAVE BEEN SUBMITTED TO THE BOARD; PROVIDED HOWEVER,
THAT THE COMMUNITY CONSULTANT SHALL PROVIDE SUCH NOTIFICATION TO THE
APPOINTING AUTHORITIES WITHIN THIRTY DAYS OF THE RECEIPT OF ALL APPLICA-
TIONS. Each committee shall consist of six members, one to be appointed
by the governor, one to be appointed by the senator representing the
senate district where the proposed facility is to be located, one to be
appointed by the assemblymember representing the assembly district where
the proposed facility is to be located, one to be appointed by the
borough president where the facility is proposed to be located, one to
be appointed by the city councilmember representing the district where
the facility is proposed to be located, and one to be appointed by the
New York city mayor.
(b) For each applicant who proposes a gaming facility located in
regions one or three of zone one, or regions one, two or five of zone
two there shall be established a community advisory committee. THE
ESTABLISHMENT OF SUCH COMMITTEES SHALL OCCUR WITHIN THIRTY DAYS OF THE
APPOINTING AUTHORITIES RECEIVING NOTICE FROM THE COMMUNITY CONSULTANT,
HIRED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, THAT ALL APPLICA-
TIONS HAVE BEEN SUBMITTED TO THE BOARD. Each committee shall consist of
five members, one to be appointed by the governor, one to be appointed
by the senator representing the senate district where the proposed
facility is to be located, one to be appointed by the assemblymember
representing the assembly district where the proposed facility is to be
located, one to be appointed by the county executive of the county where
the facility is proposed to be located, and one to be appointed as
follows:
(i) If the proposed facility is to be located in a city, one to be
appointed by the mayor of such city;
(ii) If the proposed facility is to be located in a town, one to be
appointed by the town supervisor of such town; or
(iii) If the proposed facility is to be located in a village, one
representative to be appointed jointly by the village mayor and the town
supervisor.
(c) The activities of the community advisory committees constituted
pursuant to this subdivision shall be subject to the open meetings
provisions contained in article seven of the public officers law.
(d) The commission [may] SHALL hire a consultant to serve as a commu-
nity consultant to assist and manage the community advisory committee
process. The commission or community consultant shall provide adminis-
trative support and technical assistance for the establishment and
activities of committees constituted pursuant to this subdivision,
PROVIDED, HOWEVER, THAT SUCH CONSULTANT SHALL BE HIRED BY AUGUST THIR-
TY-FIRST, TWO THOUSAND TWENTY-FOUR.
(e) Prior to a determination on any application by the board, the
following community advisory committee process shall apply:
(i) [Upon the majority of members of the board being appointed] BY
AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, a community consultant
[may] SHALL be hired by the commission to manage the process and any
other activities as determined by the commission;
(ii) [the commission shall issue a request for applications no later
than ninety days following the majority of members of the board being
appointed;
A. 10572 3
(iii)] interested entities may submit an application to the board BY
AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, who shall IMMEDIATELY
provide such application to the community consultant;
[(iv)] (III) the community consultant shall [notify the commission of
all applications and] notify the appropriate appointing authorities of
their responsibility to submit appointments for each required community
advisory committee established pursuant to this section;
[(v)] (IV) the community consultant shall ensure the [formation]
ESTABLISHMENT of each committee, as necessary;
[(vi)] (V) upon notification, the appointing authority shall appoint
their respective appointees;
[(vii)] (VI) upon a committee's first meeting the respective appoint-
ees shall elect by majority vote a committee chair;
[(viii)] (VII) the community consultant shall assign applications to
each appropriate committee UPON THE ESTABLISHMENT OF THE APPLICABLE
COMMUNITY ADVISORY COMMITTEE;
[(ix) each committee shall review, solicit public comments and written
submissions of such comments, and hold public hearings;
(x)] (VIII) upon a two-thirds vote, each committee shall issue a find-
ing either establishing public support approving or disapproving the
application WITHIN ONE HUNDRED TWENTY DAYS OF ESTABLISHMENT OF SUCH
COMMITTEE.
(f) Following a two-thirds vote by the applicable community advisory
committee, the following shall apply:
(i) Upon notification of a finding of [support in] approval, OR A
FINDING OF DISAPPROVAL, of an application following a two-thirds vote by
the appropriate committee, the community consultant shall notify the
applicant, board, and commission IMMEDIATELY UPON A FINDING OF APPROVAL
OR DISAPPROVAL FOLLOWING A TWO-THIRDS VOTE BY THE APPROPRIATE COMMITTEE;
(ii) following such notification, the applicant must comply and
receive approval under the applicable state and local zoning require-
ments;
(iii) the board shall not issue a FINAL decision on the application
until the applicant presents evidence of compliance and approval with
all necessary state and local zoning requirements.
5. THE BOARD SHALL COMPLETE A REVIEW OF ALL APPLICATIONS THAT HAVE
RECEIVED APPROVAL FROM THE APPLICABLE COMMUNITY ADVISORY COMMITTEE
PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (F) OF SUBDIVISION THREE OF
THIS SECTION AND MAKE RECOMMENDATIONS TO THE COMMISSION FOR THE
SELECTION OF UP TO THREE LICENSES BY EITHER THE DATE BY WHICH ALL APPLI-
CANTS HAVE RECEIVED ANY LAND USE ENTITLEMENTS, INCLUDING BUT NOT LIMITED
TO ALL NECESSARY STATE AND LOCAL ZONING REQUIREMENTS, ANY REQUIRED PARK-
LAND ALIENATION AND THE DISPOSITION AND ACQUISITION OF RELATED REAL
PROPERTY, OR BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, WHICH-
EVER IS EARLIER. IF THE BOARD HAS NOT MADE RECOMMENDATIONS TO THE
COMMISSION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, THE BOARD
MAY, FOR GOOD CAUSE SHOWN, GRANT A THIRTY-DAY EXTENSION BY WHICH IT MUST
ISSUE ITS RECOMMENDATION TO THE COMMISSION.
6. THE COMMISSION SHALL SELECT UP TO THREE APPLICANTS TO RECEIVE
LICENSES WITHIN THIRTY DAYS OF THE BOARD MAKING SUCH RECOMMENDATIONS
OUTLINED IN SUBDIVISION FIVE OF THIS SECTION. THE COMMISSION MAY, FOR
GOOD CAUSE SHOWN, EXTEND THE SELECTION OF UP TO THREE LICENSES FOR UP TO
THIRTY DAYS.
§ 4. This act shall take effect immediately.