S. 3822 2
It is expected that the state, through its licensure process, will
secure commitments from, and set goals and metrics for potential commer-
cial casino operators, which will promote the general good and stimulate
new revenue to host community, local and state governments. It is
further expected that any deleterious impact arising from a large scale
commercial casino operated within the state will be minimized, paid for,
and mitigated by such enterprises so as not to create an additional
burden on host community, local and state government law enforcement,
infrastructure investment, human service resources and other related
public resources. Additionally, any not for profit provider who delivers
services dealing with the adverse impact of such an operating commercial
casino will be supported solely by revenues derived from such commercial
casino enterprises.
The licenses issued pursuant to this act will be geographically
distributed to maximize economic development without unduly concentrat-
ing licensees in densely populated areas or areas already saturated with
gambling enterprises within our state. Any licensed enterprise so
created will cater to its customers as well as promote benefits for its
host community. Its ownership, employment, and business practices will
reflect New York's diverse population, especially those segments of that
population that have traditionally been ethnically and culturally disad-
vantaged, complying with state law regarding the utilization of minori-
ty- and women-owned business enterprises. Any licensed commercial casino
will work to actively promote the success and prosperity of New York's
diverse group of emerging entrepreneurs.
It is the intent of the legislature to both ensure that operators earn
a fair profit, while contributing substantial revenues to be reinvested
and circulated in the host community, local and state public and private
sectors.
There is a concern that the existing video lottery product offered by
the state division of the lottery, the net proceeds of which are dedi-
cated to fund education, could be negatively impacted by the expanded
gambling authorized by this bill. It is the intent of the legislature
not to harm existing revenue streams to education from current author-
ized video lottery terminals. Accordingly, there shall be a requirement
that each commercial casino licensed by this act shall have at least an
equal number of video lottery machines to slot machines within their
facility. Additionally, as the legislature wants to hold harmless the
current state revenue derived from the video lottery products by requir-
ing new commercial casino licensees to indemnify and hold harmless the
state from such losses.
S 2. Short title. This act shall be known and cited as the "local
empowerment through gaming opportunities act of 2013".
S 3. The general business law is amended by adding a new article 12-A
to read as follows:
ARTICLE 12-A
LOCAL EMPOWERMENT THROUGH
GAMING OPPORTUNITIES ACT OF 2013
SECTION 210. CASINO GAMBLING.
211. VIDEO LOTTERY REVENUE PROTECTIONS FOR EDUCATION.
212. PREVAILING WAGE REQUIREMENT.
213. ECONOMIC IMPACT REPORT.
214. CASINO SITE SELECTION PROCESS.
215. ENVIRONMENTAL IMPACT, STATE ENVIRONMENTAL QUALITY REVIEW
PROCESS AND BUILDING CODE NOT WAIVED.
216. TEMPORARY STATE COMMISSION ON CASINO GOVERNANCE.
S. 3822 3
S 210. CASINO GAMBLING. 1. NO MORE THAN SEVEN COMMERCIAL CASINOS ARE
PERMISSIBLE WITHIN THE STATE, SUBJECT TO LOCAL APPROVAL, AND SUBJECT TO
THE FOLLOWING RESTRICTIONS:
A. NO MORE THAN TWO COMMERCIAL CASINOS IN COUNTIES HAVING A POPULATION
OF ONE MILLION OR MORE ACCORDING TO THE TWO THOUSAND TEN FEDERAL DECEN-
NIAL CENSUS OR ANY COUNTY ADJACENT THERETO PROVIDED, HOWEVER, IF BOTH
ENTITIES SELECTED TO OPERATE COMMERCIAL CASINOS IN SUCH COUNTIES PRES-
ENTLY OPERATE LICENSED VIDEO LOTTERY TERMINALS IN ANY SUCH COUNTY, THEN
THE AGGREGATE NUMBER OF COMMERCIAL CASINOS IN SUCH COUNTIES SHALL NOT
EXCEED THREE;
B. NO MORE THAN THREE COMMERCIAL CASINOS IN THE AGGREGATE IN THE AREA
DEFINED IN THIS ARTICLE AS THE CASINO GAMING DISTRICT;
C. OF THE REMAINDER, NO COMMERCIAL CASINO SHALL BE PERMITTED IN ANY
COUNTY HAVING A POPULATION GREATER THAN TWO HUNDRED FIFTY THOUSAND
ACCORDING TO THE TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS, OR ANY COUN-
TY ADJACENT THERETO, UNLESS THE CASINO OPERATOR IS AN ENTITY PREVIOUSLY
LICENSED BY THE STATE TO CONDUCT VIDEO LOTTERY TERMINALS, PROVIDED
HOWEVER, ADDING A COMMERCIAL CASINO TO ANY COUNTY ALREADY CONTAINING TWO
OR MORE CASINO AND/OR VIDEO LOTTERY TERMINAL FACILITIES IN ANY COUNTY
OUTSIDE OF THE DEFINED CASINO GAMING DISTRICT SHALL BE PROHIBITED; AND
D. UNLESS OTHERWISE AUTHORIZED BY LAW, ANY CASINO GAMBLING THAT DOES
NOT COMPLY WITH THE PROVISIONS OF THIS ARTICLE IS PROHIBITED.
E. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NONE OF THE FIRST
THREE COMMERCIAL CASINOS SHALL BE LOCATED IN ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE ACCORDING TO THE TWO THOUSAND TEN FEDERAL
DECENNIAL CENSUS.
2. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE MEANINGS SET FORTH HEREIN:
A. "COMMERCIAL CASINO" SHALL MEAN AN ENTITY LICENSED TO CONDUCT GAMING
OR GAMBLING PURSUANT TO THIS ARTICLE.
B. "GAMING", "GAMBLING", OR "CASINO GAMBLING" SHALL MEAN THE DEALING,
OPERATING, CARRYING ON, CONDUCTING, MAINTAINING OR EXPOSING FOR PAY OF
ANY GAME OR GAMBLING GAME.
C. "GAME" OR "GAMBLING GAME" SHALL MEAN ANY GAME PLAYED WITH CARDS,
DICE, TILES, A WHEEL, EQUIPMENT OR ANY MECHANICAL, ELECTROMECHANICAL OR
ELECTRONIC DEVICE OR MACHINE FOR MONEY, PROPERTY, CHECKS, CREDIT OR ANY
REPRESENTATIVE OF VALUE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, AND WITHOUT ANY LIMITATION ON BETS OR RISKS UNDERTAKEN BY
THE PLAYERS OF SUCH GAMES, FARO, MONTE, ROULETTE, KENO, BINGO, FAN-TAN,
TWENTY-ONE, BLACKJACK, SEVEN-AND-A-HALF, KLONDIKE, CRAPS, POKER, CHUCK-
A-LUCK, CHINESE CHUCK-A-LUCK (DAI SHU), WHEEL OF FORTUNE, CHEMIN DE FER,
BACCARAT, PAI GOW, BEAT THE BANKER, PANGUINGUI, ANY BANKING OR PERCENT-
AGE GAME, ANY SLOT MACHINE OR VIDEO LOTTERY TERMINAL, OR ANY OTHER GAMES
WHERE THE WINNERS ARE DETERMINED BY OTHER RANDOMLY SELECTED MEANS, OR
ANY VARIATIONS OR DERIVATIONS OF SUCH GAMES, BUT DOES NOT INCLUDE GAMES
OF CHANCE OPERATED FOR THE PROMOTION OF BONA FIDE CHARITABLE, EDUCA-
TIONAL, SCIENTIFIC, HEALTH, RELIGIOUS AND PATRIOTIC CAUSES WHICH ARE
DULY AUTHORIZED AND APPROVED PURSUANT TO ARTICLE NINE-A OF THE GENERAL
MUNICIPAL LAW.
D. "BANKING GAME" MEANS ANY GAMBLING GAME IN WHICH PLAYERS COMPETE
AGAINST THE LICENSED COMMERCIAL CASINO RATHER THAN COMPETING AGAINST ONE
ANOTHER.
E. "PERCENTAGE GAME" MEANS ANY GAMBLING GAME THAT IS NOT A BANKING
GAME WHERE THE COMMERCIAL CASINO COLLECTS A FEE, SHARE, OR PERCENTAGE OF
MONEY FROM GAME, WHETHER COMPUTED AS A FLAT FEE OR RATE, A PERCENTAGE OF
S. 3822 4
THE AMOUNT OF MONEY WAGERED OR WON, A PORTION OR PERCENTAGE OF WINNINGS
COLLECTED, OR BY ANY OTHER MEANS.
F. "CASINO GAMING DISTRICT" SHALL MEAN ANY AREA WITHIN THE BOUNDARIES
OF SULLIVAN, GREENE AND ULSTER COUNTIES.
G. "LOCAL APPROVAL" SHALL MEAN IN THE CASE OF ANY COUNTY WHOLLY
CONTAINED WITHIN A CITY, APPROVAL BY A MAJORITY OF THE VOTERS IN A
GENERAL ELECTION THAT IS CITY WIDE, AND IN ANY OTHER COUNTY, APPROVAL BY
A MAJORITY OF THE VOTERS IN SUCH COUNTY.
H. "LOCAL COMMUNITY REINVESTMENT REQUIREMENTS" SHALL MEAN, PRIOR TO
THE PAYMENT OF DIVIDENDS, DISTRIBUTION OF PROFITS, SALARIES, MANAGEMENT
FEES, CONSULTING FEES, OR ANY OTHER PAYMENTS OF CASINO GAMBLING REVENUES
TO THE EQUITY OR BENEFICIAL OWNERS OF A COMMERCIAL CASINO ENTERPRISE,
THE COMMERCIAL CASINO ENTERPRISE MUST SET ASIDE ADEQUATE FUNDS TO FUND:
I. PROBLEM GAMBLING TREATMENT PROGRAMS, TELEPHONE HOTLINES, PUBLIC
AWARENESS CAMPAIGNS AND OTHER ACTIVITIES TO PREVENT AND TREAT GAMBLING
ADDICTION AND DEPENDENCE;
II. LOCAL TRAINING AND EDUCATION PROGRAMS DESIGNED TO INCREASE THE
SKILL SETS OF LOCAL COMMUNITY MEMBERS IN THE COUNTY HOSTING THE COMMER-
CIAL CASINO;
III. SUFFICIENT RESOURCES TO LOCAL LAW ENFORCEMENT, INCLUDING THE
DETECTION, APPREHENSION AND PROSECUTION OF FELONIES AND MISDEMEANORS
PROXIMATELY CAUSED BY THE COMMERCIAL CASINO OPERATION; AND
IV. VENDOR CONTRACTS WITH OTHER BUSINESS ENTITIES DOING BUSINESS WITH-
IN A FORTY MILE RADIUS OF THE COMMERCIAL CASINO FACILITY AMOUNTING TO AT
LEAST THIRTY-THREE PERCENT OF THE OVERALL CONTRACTING OUT FOR GOODS AND
SERVICES UTILIZED BY THE COMMERCIAL CASINO, PROVIDED FURTHER THAT AT
LEAST TWENTY PERCENT OF SUCH ENTITIES ARE DESIGNATED MINORITY OR WOMEN-
OWNED BUSINESS ENTERPRISES UNDER ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
("MWBES"); BUT IN THE EVENT, AFTER BEST EFFORTS HAVE BEEN EXHAUSTED,
SUFFICIENT MWBES ARE FOUND TO BE UNAVAILABLE WITHIN SUCH MILEAGE RADIUS,
THEN ANY MWBE DOING BUSINESS WITHIN THE STATE.
S 211. VIDEO LOTTERY REVENUE PROTECTIONS FOR EDUCATION. 1. NO COMMER-
CIAL CASINO OPERATOR MAY OFFER SLOT MACHINE GAMBLING UNLESS IT OFFERS AT
THE SAME FACILITY AN EQUAL NUMBER OF VIDEO LOTTERY TERMINALS, LICENSED
BY THE DIVISION OF THE LOTTERY.
2. THE DIVISION OF THE LOTTERY SHALL COMPUTE THE RESIDUAL REVENUE TO
THE STATE DERIVED FROM THE STATEWIDE VIDEO LOTTERY TERMINAL OPERATIONS
AS DEDICATED TO EDUCATION AFTER DECEMBER FIFTEENTH, TWO THOUSAND ELEVEN,
AND FOR EACH MONTH THEREAFTER. FOR CALCULATION PURPOSES, THE AVERAGE
MONTHLY RESIDUAL AMOUNT FROM DECEMBER FIFTEENTH, TWO THOUSAND ELEVEN TO
THE DATE OF THE COMMENCEMENT OF THE OPENING OF THE FIRST COMMERCIAL
CASINO AUTHORIZED BY THIS ACT SHALL BE THE BASELINE AMOUNT TO BE MET
MONTHLY THEREAFTER. THE ACTIVE COMMERCIAL CASINOS OPERATING IN THE STATE
PURSUANT TO THIS ACT SHALL, AS A CONDITION OF LICENSURE, PROMISE AND
AGREE TO INDEMNIFY AND HOLD HARMLESS THE STATE FOR ANY REDUCED REVENUES
COLLECTED BY THE STATE AS COMPARED TO THE BASELINE AMOUNT.
3. THE DIVISION OF THE LOTTERY SHALL, ON AUDIT BY THE COMPTROLLER,
QUARTERLY REPORT TO THE GOVERNOR AND THE LEGISLATURE AS TO THE PAYMENTS
MADE UNDER THIS SECTION.
S 212. PREVAILING WAGE REQUIREMENT. 1. ANY ENTITY SUBMITTING A BID TO
OPERATE A COMMERCIAL CASINO AUTHORIZED BY THIS ARTICLE SHALL ATTACH AN
INSTRUMENT CONTAINING A BINDING AND ENFORCEABLE OBLIGATION, AS CERTIFIED
BY THE ATTORNEY GENERAL, TO UTILIZE CONTRACTORS AND SUBCONTRACTORS ON
ANY DEMOLITION, CONSTRUCTION OR RECONSTRUCTION CONNECTED TO THE DEVELOP-
MENT OF A COMMERCIAL CASINO AND ANY RELATED STRUCTURES, WHO WILL PAY THE
S. 3822 5
PREVAILING WAGE IN THE REGION WHERE SUCH COMMERCIAL CASINO IS SITUATED
PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
2. ANY ENTITY RECEIVING A LICENSE TO OPERATE A COMMERCIAL CASINO
PURSUANT TO THIS ARTICLE MAY MEET ITS OBLIGATION UNDER SUBDIVISION ONE
OF THIS SECTION BY EXECUTING A COMPREHENSIVE, BALANCED AND FAIR PROJECT
LABOR AGREEMENT, AS CERTIFIED BY THE COMMISSIONER OF LABOR.
S 213. ECONOMIC IMPACT REPORT. 1. FOR PURPOSES OF THIS SECTION, THE
TERM "MARKET AREA" SHALL REFER TO:
A. IN THE CASE OF A CASINO PROPOSED BY THE APPLICANT TO BE LOCATED IN
ANY COUNTY WHOLLY CONTAINED WITHIN A CITY, THE AREA WITHIN THE CITY
LIMITS; OR
B. IN THE CASE OF A CASINO PROPOSED BY THE APPLICANT TO BE LOCATED IN
ANY OTHER COUNTY, THE GREATER OF THE AREA WITHIN THE COUNTY LIMITS, OR
THE AREA EXTENDING FORTY MILES IN ALL DIRECTIONS FROM THE PROPOSED CASI-
NO.
2. ANY ENTITY SUBMITTING A BID TO OPERATE A COMMERCIAL CASINO AUTHOR-
IZED BY THIS ARTICLE SHALL FIRST CAUSE TO BE PREPARED, AT THE APPLI-
CANT'S SOLE COST, AND SUBMIT WITH ITS APPLICATION AN ECONOMIC IMPACT
REPORT. THE ECONOMIC IMPACT REPORT SHALL BE PREPARED BY A PRIVATE ENTI-
TY, WHOLLY INDEPENDENT FROM THE APPLICANT, WHICH SHALL BE QUALIFIED BY
EDUCATION, TRAINING, AND EXPERIENCE TO CONDUCT ECONOMIC AND FISCAL
IMPACT ANALYSES.
3. THE ECONOMIC IMPACT REPORT SHALL INCLUDE, BUT IS NOT LIMITED TO,
ALL OF THE FOLLOWING:
A. AN ASSESSMENT OF HOW THE CONSTRUCTION AND OPERATION OF THE PROPOSED
CASINO WILL AFFECT THE SUPPLY AND DEMAND FOR RETAIL AND COMMERCIAL SPACE
IN THE MARKET AREA.
B. AN ASSESSMENT OF HOW THE CONSTRUCTION AND OPERATION OF THE PROPOSED
CASINO WILL AFFECT NET EMPLOYMENT IN THE MARKET AREA, INCLUDING ALL OF
THE FOLLOWING:
I. THE NUMBER OF PERSONS EMPLOYED IN EXISTING ENTERTAINMENT, HOSPITAL-
ITY, AND RETAIL OPERATIONS IN THE MARKET AREA.
II. AN ESTIMATE OF THE NUMBER OF PEOPLE WHO WILL LIKELY BE EMPLOYED BY
THE PROPOSED CASINO FACILITY, INCLUDING BOTH GAMING AND NON-GAMING OPER-
ATIONS.
III. AN ANALYSIS OF WHETHER THE PROPOSED CASINO FACILITY, INCLUDING
BOTH GAMING AND NON-GAMING OPERATIONS, WILL RESULT IN A NET INCREASE OR
DECREASE IN TOTAL EMPLOYMENT IN BOTH THE MARKET AREA AND THE STATE AS A
WHOLE.
IV. THE EFFECT ON WAGES AND BENEFITS OF EMPLOYEES OF OTHER EXISTING
ENTERTAINMENT, HOSPITALITY, AND RETAIL BUSINESSES, AND ON COMMUNITY
INCOME LEVELS IN THE MARKET AREA.
C. A PROJECTION OF THE COSTS OF PUBLIC SERVICES AND PUBLIC FACILITIES
RESULTING FROM THE CONSTRUCTION AND OPERATION OF THE PROPOSED CASINO AND
THE INCIDENCE OF THOSE COSTS.
D. A PROJECTION OF THE PUBLIC REVENUES RESULTING FROM THE CONSTRUCTION
AND OPERATION OF THE PROPOSED CASINO AND THE INCIDENCE OF THOSE REVEN-
UES.
E. AN ASSESSMENT OF THE EFFECT THAT THE CONSTRUCTION AND OPERATION OF
THE PROPOSED CASINO WILL HAVE ON EXISTING ENTERTAINMENT, HOSPITALITY,
AND RETAIL OPERATIONS IN THE SAME MARKET AREA, INCLUDING THE POTENTIAL
FOR BLIGHT RESULTING FROM EXISTING BUSINESS CLOSURES, AND THE NATURE OF
ANY BUSINESSES DISPLACED.
F. AN ASSESSMENT OF THE EFFECT THAT THE CONSTRUCTION AND OPERATION OF
THE PROPOSED CASINO WILL HAVE ON THE ABILITY OF THE CITY, COUNTY, OR
CITY AND COUNTY TO IMPLEMENT THE GOALS CONTAINED IN ITS GENERAL PLAN,
S. 3822 6
INCLUDING, BUT NOT LIMITED TO, LOCAL POLICIES AND STANDARDS THAT APPLY
TO LAND USE PATTERNS, TRAFFIC CIRCULATION, AFFORDABLE HOUSING, NATURAL
RESOURCES, INCLUDING WATER SUPPLIES, OPEN-SPACE LANDS, NOISE PROBLEMS,
AND SAFETY RISKS.
G. AN ASSESSMENT OF THE EFFECT THAT THE CONSTRUCTION AND OPERATION OF
THE PROPOSED CASINO WILL HAVE ON AVERAGE TOTAL TRAFFIC CONGESTION AND
TOTAL TRAVEL TIMES BY VEHICLES IN THE MARKET AREA.
H. AN ASSESSMENT OF WHETHER THE CASINO WOULD REQUIRE THE DEMOLITION OF
HOUSING OR ANY OTHER ACTION OR CHANGE THAT WOULD RESULT IN A DECREASE OR
NEGATIVE IMPACT ON THE CREATION OF EXTREMELY LOW, VERY LOW, LOW-, OR
MODERATE-INCOME HOUSING, OR THAT WOULD HAVE A DISPROPORTIONATE NEGATIVE
IMPACT ON COMMUNITIES IN WHICH THE MAJORITY OF RESIDENTS ARE PERSONS WHO
ARE MEMBERS OF HISTORICALLY DISADVANTAGED AND UNDERREPRESENTED RACIAL
AND ETHNIC MINORITY GROUPS AS DEFINED IN STATE LAW.
I. AN ASSESSMENT OF WHETHER THE CASINO WOULD RESULT IN THE DESTRUCTION
OR DEMOLITION OF PARK OR OTHER GREEN SPACE, HOUSES OF WORSHIP, PLAY-
GROUNDS, CHILD CARE FACILITIES, COMMUNITY CENTERS, OR OTHER SPACE FOR
COMMUNITY USE.
J. AN ASSESSMENT OF WHETHER THE CASINO WOULD RESULT IN ANY OTHER
ADVERSE OR POSITIVE ECONOMIC IMPACTS OR BLIGHT.
K. AN ASSESSMENT OF WHETHER ANY MEASURES ARE AVAILABLE THAT MAY MITI-
GATE ANY MATERIALLY ADVERSE ECONOMIC IMPACTS IDENTIFIED BY THE APPLI-
CANT.
4. THIS SECTION SHALL NOT PRECLUDE THE CASINO FACILITY SITE SELECTION
COMMISSION, PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED FOUR-
TEEN OF THIS ARTICLE, FROM REQUIRING THAT THE APPLICANT CONDUCT, AT ITS
SOLE COST, ANY ADDITIONAL STUDIES OF THE EFFECTS OF THE CONSTRUCTION AND
OPERATION OF THE PROPOSED CASINO.
S 214. CASINO SITE SELECTION PROCESS. 1. THE GOVERNOR SHALL CREATE A
CASINO FACILITY SITE SELECTION COMMISSION FOR THE PURPOSE OF EVALUATING
AND RECOMMENDING APPLICATIONS FROM PRIVATE ENTITIES OR PERSONS SEEKING
TO OPERATE ANY COMMERCIAL CASINO WITHIN THE AREAS DEFINED IN SUBDIVISION
ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. THE CRITERIA FOR EVALU-
ATING ANY APPLICATION IS SET FORTH IN THIS SECTION, AND IN ANY RULES AND
REGULATIONS SUCH COMMISSION SHALL PROMULGATE TO SUPPLEMENT SUCH EVALU-
ATION. SUCH COMMISSION SHALL CONSIST OF MEMBERS APPOINTED AS FOLLOWS:
A. FOUR MEMBERS APPOINTED BY THE GOVERNOR TO SERVE AT THE PLEASURE OF
THE GOVERNOR, OF WHICH ONE WILL BE DESIGNATED AS CHAIR BY THE GOVERNOR;
B. TWO MEMBERS SELECTED BY THE SPEAKER OF THE ASSEMBLY TO SERVE AT THE
PLEASURE OF THE SPEAKER;
C. TWO MEMBERS SELECTED BY THE LEADER OF THE MAJORITY CONFERENCE IN
THE SENATE TO SERVE AT THE PLEASURE OF SUCH LEADER;
D. ONE MEMBER EACH BY THE LEADER OF THE LARGEST MINORITY CONFERENCE IN
THE ASSEMBLY AND SENATE TO SERVE AT THE PLEASURE OF SUCH LEADER; AND
E. EX-OFFICIO AND NON-VOTING MEMBERS OF THE EXECUTIVE BRANCH TO
INCLUDE THE CHAIR OF THE NEW YORK STATE GAMING COMMISSION, THE DIRECTOR
OF THE DIVISION OF THE LOTTERY, THE SUPERINTENDENT OF STATE POLICE, AND
THE DIRECTOR OF THE BUDGET, OR THEIR DESIGNEES.
2. A. INTEGRITY OF APPLICANT. ANY EQUITY OWNER OF AN APPLICANT OWNING,
DIRECTLY OR INDIRECTLY, IN EXCESS OF FIVE PERCENT OF THE TOTAL EQUITY OF
THE APPLICANT ENTITY SHALL NOT HAVE BEEN PREVIOUSLY CONVICTED OF ANY
FELONY OR OF ANY MORALLY ABHORRENT MISDEMEANOR. SUCH AN EQUITY OWNER
MUST ALSO BE A PERSON WHO IS CONTINUOUSLY OF GOOD MORAL CHARACTER,
HONESTY, AND INTEGRITY, AND WHOSE PRIOR ACTIVITIES, REPUTATION, HABITS
AND ASSOCIATIONS DO NOT POSE A THREAT TO THE PUBLIC INTEREST OR THE
EFFECTIVE REGULATION AND CONTROL OF CASINO GAMBLING. THE APPLICANT SHALL
S. 3822 7
SUBMIT BINDING COMMITMENT TO A COGNIZABLE, WORKABLE BUSINESS PLAN THAT
IS DESIGNED TO EXCEED STATUTORY AND REGULATORY MINIMUM REQUIREMENTS TO
ENSURE THE COMMERCIAL CASINO WILL MEET THE HIGHEST POSSIBLE STANDARDS
FOR INTEGRITY, AVOID EVEN THE APPEARANCE OF IMPROPRIETY OF ANY SORT, AND
ENSURE THAT NO ORGANIZED CRIMINAL ELEMENT WILL SHARE IN ITS PROFITS.
B. RESIDENCY. OTHER THAN A PUBLICLY TRADED CORPORATION, OR AN INDIVID-
UAL APPLICANT WHO IS A NEW YORK STATE RESIDENT, ANY OTHER APPLICANT
SHALL BE A CONSORTIUM OF OWNERS CONSISTING OF NEW YORK STATE RESIDENTS,
WHO ARE INDIVIDUAL PERSONS, THAT HAVE AN ULTIMATE AND BENEFICIAL EQUITY
INTEREST IN THE TOTAL OWNERSHIP OF SUCH CONSORTIUM AMOUNTING TO NO LESS
THAN TWENTY-FIVE PERCENT OF THE TOTAL EQUITY ULTIMATELY AND BENEFICIALLY
OWNED BY SUCH CONSORTIUM.
C. AFFIRMATIVE ACTION EQUITY INTEREST IN THE APPLICANT. OTHER THAN A
PUBLICLY TRADED CORPORATION, OR AN INDIVIDUAL APPLICANT WHO IS A PERSON
WHO IS A MEMBER OF A HISTORICALLY DISADVANTAGED AND UNDERREPRESENTED
RACIAL AND ETHNIC MINORITY GROUP AS DEFINED IN STATE LAW, ANY OTHER
APPLICANT SHALL BE A CONSORTIUM OF OWNERS, AT LEAST TWENTY-FIVE PERCENT
OF WHOM ARE PERSONS WHO ARE MEMBERS OF HISTORICALLY DISADVANTAGED AND
UNDERREPRESENTED RACIAL AND ETHNIC MINORITY GROUPS AS DEFINED IN STATE
LAW. AN APPLICATION MUST CONTAIN A BINDING COMMITMENT TO A COGNIZABLE,
WORKABLE BUSINESS PLAN DESIGNED TO EXCEED MINIMUM STATUTORY REQUIREMENTS
TO PROMOTE AND ENSURE DIVERSITY IN THE OPERATION OF THE COMMERCIAL CASI-
NO, AND TO INCREASE AND IMPROVE ECONOMIC OPPORTUNITIES FOR MWBE ENTER-
PRISES IN THE HOST, LOCAL AND STATE ECONOMIES.
D. NEUTRALITY AND CARD CHECK. EVERY APPLICATION FOR A COMMERCIAL CASI-
NO SHALL INCLUDE A BINDING COMMITMENT TO A COGNIZABLE, WORKABLE BUSINESS
PLAN DESIGNED SO THE APPLICANT CAN ASSURE REASONABLE ACCESS TO THE
GAMING AND RELATED FACILITIES TO LABOR ORGANIZERS FOR THE PURPOSES OF A
CAMPAIGN TO SOLICIT EMPLOYEE SUPPORT FOR LABOR UNION REPRESENTATION;
INCLUDING PERMITTING UNION ORGANIZERS TO DISTRIBUTE LABOR UNION AUTHOR-
IZING CARDS ON SITE FOR THE PURPOSE OF SOLICITING EMPLOYEE SUPPORT FOR
LABOR UNION REPRESENTATION; AND PLEDGING TO REMAIN NEUTRAL DURING ANY
SUCH CAMPAIGN AND COMMITTING TO DIVULGE CONTACT INFORMATION OF EMPLOYEES
TO SUCH ORGANIZERS; AND PLEDGING TO RECOGNIZE THE EXCLUSIVE COLLECTIVE
BARGAINING REPRESENTATION OF ANY UNION DEMONSTRATING A MAJORITY OF
EMPLOYEE SUPPORT FOR A COLLECTIVE BARGAINING UNIT VIA CARD CHECK.
E. COMMUNITY REINVESTMENT. AN APPLICATION MUST CONTAIN A BINDING
COMMITMENT TO A COGNIZABLE, WORKABLE BUSINESS PLAN DESIGNED TO MEET OR
EXCEED THE LOCAL COMMUNITY REINVESTMENT REQUIREMENTS SET FORTH IN PARA-
GRAPH H OF SUBDIVISION TWO OF SECTION TWO HUNDRED TEN OF THIS ARTICLE,
AND TO SUBSTANTIALLY REDUCE UNEMPLOYMENT IN THE HOST COMMUNITY.
3. THE COMMISSION SHALL ESTABLISH RULES AND PROCEDURES SUFFICIENT TO
ENSURE THAT IT RECEIVES THE INFORMATION NECESSARY TO EVALUATE AN APPLI-
CANT PURSUANT TO THIS SECTION, AND SHALL IMPOSE SUCH FEES ON APPLICANTS
TO ENSURE THAT THE COST OF EVALUATING APPLICANTS IS IMPOSED ON THE
APPLICANT RATHER THAN THE STATE.
4. THE COMMISSION SHALL NOT RECOMMEND THE SITING OF ANY COMMERCIAL
CASINO IN ANY AREA OF THE STATE THAT HAS NOT RENDERED LOCAL APPROVAL AS
DEFINED IN THIS ARTICLE BY THE GENERAL ELECTION HELD IN NOVEMBER, TWO
THOUSAND FOURTEEN.
5. THE COMMISSION SHALL RECOMMEND TO THE GOVERNOR UP TO THREE APPLI-
CANTS FOR EACH JURISDICTION AS SET FORTH IN SUBDIVISION ONE OF SECTION
TWO HUNDRED TEN OF THIS ARTICLE, LOCALLY APPROVING COMMERCIAL CASINO
GAMBLING IF THERE BE THREE OR MORE APPLICATIONS IN SUCH AREA, TOGETHER
WITH THE METRICS AND SUPPORTING DOCUMENTS UTILIZED BY THE COMMISSION.
S. 3822 8
THE COMMISSION SHALL ALSO CONCOMITANTLY PROVIDE THE IDENTICAL DATA TO
THE LEGISLATURE.
6. THE GOVERNOR SHALL SELECT THE WINNING APPLICANT OR APPLICANTS FROM
AMONG THOSE SUBMITTED TO HIM OR HER BY THE COMMISSION, HOWEVER, NO
LICENSE CAN BE AWARDED TO SUCH WINNING APPLICANT UNLESS AND UNTIL THEIR
SELECTION IS ALSO RATIFIED BY THE LEGISLATURE IN A JOINT RESOLUTION
PASSED BY A MAJORITY IN EACH HOUSE OF THE LEGISLATURE.
S 215. ENVIRONMENTAL IMPACT, STATE ENVIRONMENTAL QUALITY REVIEW PROC-
ESS AND BUILDING CODE NOT WAIVED. THE MERE FACT THAT A LICENSE TO OPER-
ATE A COMMERCIAL CASINO HAS BEEN ISSUED BY THE STATE WILL NOT EXEMPT THE
LICENSEE FROM COMPLYING WITH ALL OBLIGATIONS, REGULATIONS AND REQUIRE-
MENTS RELATING TO THE COMPLETION AND SUBMISSION OF AN ENVIRONMENTAL
IMPACT STATEMENT, COMPLYING AND COMPLETING THE STATE ENVIRONMENTAL QUAL-
ITY REVIEW PROCESS, AND COMPLYING WITH ALL APPLICABLE STATE AND LOCAL
BUILDING CODES.
S 216. TEMPORARY STATE COMMISSION ON CASINO GOVERNANCE. 1. THE GOVER-
NOR SHALL PROMPTLY APPOINT A TEMPORARY COMMISSION ON CASINO GOVERNANCE
IF THE VOTERS ELECT TO ADOPT AN AMENDMENT TO THE STATE CONSTITUTION
AUTHORIZING COMMERCIAL CASINO GAMBLING IN A GENERAL ELECTION HELD IN
NOVEMBER, TWO THOUSAND FOURTEEN, WHOSE DUTY IT WILL BE TO STUDY THE BEST
PRACTICES FOR GOVERNING COMMERCIAL CASINO GAMBLING IN ANY JURISDICTION
THAT PERMITS SUCH ACTIVITY, INCLUDING PRACTICES TO PROMOTE AND ENSURE
DIVERSITY IN ALL ASPECTS OF CASINO GAMING, AND REPORT TO THE GOVERNOR
AND LEGISLATURE NO LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN,
ITS RECOMMENDATIONS WHICH SHALL INCLUDE MODEL LEGISLATION FOR ENACTMENT
OF SUCH GOVERNING STRUCTURE.
2. SUCH TEMPORARY COMMISSION SHALL CONSIST OF THE FOLLOWING APPOINT-
MENTS:
A. SIX APPOINTEES BY THE GOVERNOR TO SERVE AT THE PLEASURE OF THE
GOVERNOR, AT LEAST ONE SHALL BE A RECOGNIZED EXPERT IN CASINO GAMBLING
OPERATIONS AND AT LEAST ONE SHALL BE A CERTIFIED ACCOUNTANT.
B. THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS AND RACING AND WAGERING
COMMITTEES OR THEIR DESIGNEE.
C. THE CHAIRS OF THE SENATE FINANCE AND RACING AND WAGERING COMMITTEES
OR THEIR DESIGNEE.
D. THE DIRECTOR OF THE DIVISION OF THE BUDGET OR HIS OR HER DESIGNEE.
E. THE COMPTROLLER OR HIS OR HER DESIGNEE.
F. THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE.
S 4. This act shall take effect upon the passage of an amendment to
the New York state constitution by the people of the state that effec-
tively permits casino gambling in the state.