S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3527
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation  to  expanding off-track betting to include the five counties
   comprising the city of New York; and to repeal certain  provisions  of
   such law relating thereto

   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;
   [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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08661-02-3
              

 A. 3527                             2
 
 graph  [f]  E,  the  following:  Cayuga,  Chenango,  Cortland, Franklin,
 Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins  coun-
 ties.
   §  2.  The racing, pari-mutuel wagering and breeding law is amended by
 adding two new sections 517-a and 517-b to read as follows:
   § 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 ECONOMIC 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 ESTABLISHED 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.
   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
 A. 3527                             3
 
 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.
   §  517-B.  CATSKILL  OFF-TRACK BETTING CORPORATION: BUSINESS PLAN. THE
 CATSKILL OFF-TRACK BETTING CORPORATION SHALL SUBMIT FOR APPROVAL TO  THE
 NEW  YORK  STATE  GAMING  COMMISSION, OR ITS SUCCESSOR, A BUSINESS PLAN,
 INCLUDING BUT NOT LIMITED TO, OUTLINING INVESTMENTS, PROJECTED OPERATING
 COSTS, PROJECTED REVENUES, PROJECTED LOCATIONS INCLUDING BOTH  BARS  AND
 REAL-PROPERTY  THAT  WOULD  NEED  TO  BE  ACQUIRED, PROJECTED EMPLOYMENT
 NEEDS, PROJECTED CONTRACTS FOR SERVICES OR OTHER THIRD PARTIES, PROJECT-
 ED FORMS OF PARI-MUTUEL WAGERING AT EACH  LOCATION,  AS  WELL  AS  OTHER
 DETAILS  DEEMED TO BE RELEVANT TO DETERMINE THE SUCCESS OF CATSKILL OFF-
 TRACK BETTING CORPORATION CONDUCTING BUSINESS AS AUTHORIZED  WITHIN  THE
 FIVE BOROUGHS OF NEW YORK CITY.
   PRIOR TO FINAL APPROVAL, THE BOARD, OR ITS SUCCESSOR, IS AUTHORIZED TO
 REQUIRE  AMENDMENTS  AND  CLARIFICATIONS TO THE PLAN TO ENSURE THAT SUCH
 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, WHICH SHALL NOT BE UNREASONABLY WITHHELD. THE NEW
 YORK  STATE  GAMING COMMISSION, OR ITS SUCCESSOR, SHALL ACT ON THE CATS-
 KILL OFF-TRACK BETTING CORPORATION'S PLAN AS SOON AS PRACTICABLE BUT  NO
 LATER  THAN  THIRTY  DAYS AFTER THE PLAN HAS BEEN FULLY SUBMITTED TO THE
 BOARD, OR ITS SUCCESSOR.
   § 3. Subdivision 7 of section 532 of the racing, pari-mutuel  wagering
 and breeding law is REPEALED.
   §  4. Notwithstanding any inconsistent provision of this act, 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.
   § 5. This act shall take effect immediately.