Senate Bill S4608A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4608
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09121-01-5
 S. 4608                             2
              

 
 zone  two. ALL APPLICATIONS UNDER THIS SECTION MUST BE SUBMITTED BY JUNE
 TWENTY-SEVENTH, TWO THOUSAND TWENTY-FIVE.
   § 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
 committee.  THE ESTABLISHMENT OF SUCH COMMITTEES SHALL OCCUR IMMEDIATELY
 AFTER RECEIVING  APPLICATIONS.  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 represent-
 ing 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 IMMEDIATELY AFTER RECEIVING
 APPLICATIONS. Each committee shall consist of five members,  one  to  be
 appointed by the governor, one to be appointed by the senator represent-
 ing  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 hire a consultant  to  serve  as  a  community
 consultant  to  assist and manage the community advisory committee proc-
 ess. The commission or community consultant shall provide administrative
 support and technical assistance for the establishment and activities of
 committees constituted pursuant to this subdivision.
   (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, a
 community consultant may be hired by the commission to manage the  proc-
 ess 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;
   (iii)  interested  entities may submit an application to the board who
 shall provide such application to the community consultant;
   (iv) the community consultant  shall  notify  the  commission  of  all
 applications  and notify the appropriate appointing authorities of their
 S. 4608                             3

 responsibility to submit appointments for each required community  advi-
 sory committee established pursuant to this section;
   (v)  the  community  consultant  shall  ensure  the  formation of each
 committee, as necessary;
   (vi) upon notification, the appointing authority shall  appoint  their
 respective appointees;
   (vii) upon a committee's first meeting the respective appointees shall
 elect by majority vote a committee chair;
   (viii)  the  community  consultant  shall  assign applications to each
 appropriate committee;
   (ix) each committee shall review, solicit public comments and  written
 submissions of such comments, and hold public hearings;
   (x)  upon  a  two-thirds  vote,  each  committee shall issue a finding
 either establishing public support approving or disapproving the  appli-
 cation.
   (f) Following a two-thirds vote by the applicable] THE community advi-
 sory committee[, the following shall apply:] SHALL VOTE ON THEIR RESPEC-
 TIVE PROJECT BY SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FIVE.
   [(i)] (E) (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 noti-
 fy the applicant, board,  and  commission;]  THOSE  APPLICANTS  APPROVED
 SHALL  SUBMIT  SUPPLEMENTAL  MATERIAL TO THE BOARD, INCLUDING A PROPOSED
 TAX RATE.
   (ii) [following such notification,] BEFORE BEING ELIGIBLE FOR  CONSID-
 ERATION  BY  THE  BOARD,  the applicant must comply and receive approval
 under the applicable state and local zoning requirements[;].
   (iii) [the] THE board shall not issue a FINAL decision on the applica-
 tion 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 (E) OF SUBDIVISION THREE OF
 THIS SECTION AND SUBMIT DECISIONS TO THE COMMISSION FOR THE SELECTION OF
 UP TO THREE LICENSES BY DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE.
   6. THE COMMISSION SHALL SELECT  UP  TO  THREE  APPLICANTS  TO  RECEIVE
 LICENSES BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE.
   § 4. This act shall take effect immediately.