S5054A-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A7301B
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1527
• Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 18, 2012: PRINT NUMBER 5054A
• Jun 18, 2012: AMEND (T) AND RECOMMIT TO RACING, GAMING AND WAGERING
• Jan 4, 2012: REFERRED TO RACING, GAMING AND WAGERING
• May 3, 2011: REFERRED TO RACING, GAMING AND WAGERING

S5054A-2011 Meetings

S5054A-2011 Calendars

S5054A-2011 Votes

S5054A-2011 Memo

BILL NUMBER:S5054

TITLE OF BILL:
An act
to amend the racing, pari-mutuel wagering and breeding law, in relation
to extending the Catskill region to include the five counties comprising
the city of New York

PURPOSE:
To eliminate the New York City Off-Track Betting region and moves the
counties in such city to the Catskill region.

SUMMARY OF PROVISIONS: Section one is the legislative
intent.

Section two amends subdivision 1 of section 519 of the racing,
pari-mutual wagering and breeding law.

Section three sets up parameters if New York City elects to participate
in the Catskill regional Off-Track Betting corporation.

JUSTIFICATION:
As the only profitable Off Track Betting (OTB) in the country, the
Catskill region corporation sees this as an opportunity to increase
revenue for both the corporation and the state, while reinstating a
portion of the jobs lost with the closing on New York City OTB on
December 7, 2010.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.

S5054A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5054--A
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced  by  Sens. LANZA, ADDABBO, HASSELL-THOMPSON, HUNTLEY, PARKER,
 SAVINO, STAVISKY -- read twice and ordered printed, and  when  printed
 to  be  committed  to  the Committee on Racing, Gaming and Wagering -
 recommitted to the Committee on Racing, Gaming and Wagering in accord
 ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee
 

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
 relation to extending the Catskill region to include the five counties
 comprising  the  city  of  New  York;  and  to repeal subdivision 7 of
 section 532 of the racing, pari-mutuel wagering and breeding  law,  in
 relation to disposition of revenues
 

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;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11149-05-2
 
       S. 5054--A                          2
 [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
 graph  [f]  E,  the  following:  Cayuga,  Chenango,  Cortland, Franklin,
 Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins  coun
 ties.
 

S  2.  The racing, pari-mutuel wagering and breeding law is amended by
 adding three new sections 517-a, 517-b and 517-c to read as follows:

 

S 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 URBAN 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 DEFINED 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.
 
       S. 5054--A                          3
 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
 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.
 

S 517-B. CATSKILL OFF-TRACK BETTING CORPORATION:  COLLECTIVE  BARGAIN
 ING.    NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW, TO THE EXTENT THAT
 CATSKILL OFF-TRACK BETTING CORPORATION OPENS FACILITIES WITHIN THE  FIVE
 BOROUGHS  OF  THE CITY OF NEW YORK TO ENGAGE IN OFF-TRACK BETTING OR THE
 SUPPORT THEREOF, SUCH REGION SHALL RECOGNIZE THE  COLLECTIVE  BARGAINING
 REPRESENTATIVES  OF THE EMPLOYEES OF THE NEW YORK CITY OFF-TRACK BETTING
 CORPORATION AS OF DECEMBER SIXTH, TWO THOUSAND TEN, AND SHALL  ABIDE  BY
 AGREEMENTS   NEGOTIATED   BETWEEN   SUCH  REPRESENTATIVES  AND  CATSKILL
 OFF-TRACK BETTING CORPORATION.  NOTHING CONTAINED IN THIS ACT  SHALL  BE
 CONSTRUED  TO DIMINISH THE RIGHTS OF EMPLOYEES PURSUANT TO PARAGRAPH (E)
 OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-A OF  THE  CIVIL  SERVICE
 LAW.
 

S  517-C.  CATSKILL OFF-TRACK BETTING CORPORATION: BUSINESS PLAN.  THE
 CATSKILL OFF-TRACK BETTING CORPORATION SHALL SUBMIT FOR APPROVAL TO  THE
 RACING  AND WAGERING BOARD, OR ITS SUCCESSOR, A BUSINESS PLAN, INCLUDING
 BUT NOT LIMITED TO, OUTLINING INVESTMENTS,  PROJECTED  OPERATING  COSTS,
 PROJECTED  REVENUES,  PROJECTED  LOCATIONS  (BOTH BARS AND REAL-PROPERTY
 THAT WOULD NEED TO BE ACQUIRED), PROJECTED EMPLOYMENT  NEEDS,  PROJECTED
 CONTRACTS  FOR SERVICES OR OTHER THIRD PARTIES, PROJECTED FORMS OF PARI
 MUTUEL WAGERING AT EACH LOCATION, AS WELL AS OTHER  DETAILS  THE  RACING
 AND  WAGERING  BOARD,  OR ITS SUCCESSOR, DEEMS RELEVANT TO DETERMINE THE
 SUCCESS OF CATSKILL OFF-TRACK BETTING CORPORATION ACCEPTING BETS  WITHIN
 THE FIVE BOROUGHS IN NEW YORK CITY.
 PRIOR  TO FINAL APPROVAL, THE BOARD, OR IT SUCCESSOR, IS AUTHORIZED TO
 REQUIRE AMENDMENTS AND CLARIFICATIONS TO THE PLAN  TO  ENSURE  THAT  THE
 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. THE RACING AND WAGERING BOARD, OR ITS  SUCCESSOR,
 SHALL  ACT  ON THE CATSKILL OFF-TRACK BETTING CORPORATION'S PLAN AS SOON
 AS PRACTICAL BUT NO LATER THAN THIRTY DAYS AFTER THE PLAN HAS BEEN FULLY
 SUBMITTED TO THE BOARD, OR ITS SUCCESSOR.
 

S 3. Subdivision 7 of section 532 of the racing, pari-mutuel  wagering
 and breeding law is REPEALED.
 

S  4.  Notwithstanding any inconsistent provision of this chapter, any
 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.
 

S 5. Notwithstanding any other provision of law or regulation  to  the
 contrary, two and one-half million dollars in Catskill off-track betting
 corporation's  capital  acquisition fund established pursuant to section
 509-a of the racing, pari-mutuel wagering  and  breeding  law  shall  be
 
       S. 5054--A                          4
 available  to  Catskill  off-track betting corporation for any corporate
 purpose.
 If Catskill off-track betting corporation chooses to utilize up to two
 and  one-half million dollars in its capital acquisition fund for corpo
 rate purposes, it shall do so by providing written notification  to  the
 racing  and  wagering  board, or its successor, at least fifteen days in
 advance of its decision to utilize monies for corporate purposes. During
 such time that Catskill off-track betting corporation  uses  its  monies
 for corporate purposes, it shall not be authorized to impose the supple
 mental  one  per  centum  surcharge  established  by  subdivision 3-a of
 section 532 of the racing, pari-mutuel wagering and breeding law.
 Catskill off-track betting corporation may use its monies  for  corpo
 rate  purposes  until the two and one-half million dollars authorized by
 this section have been exhausted or until such time that the corporation
 elects to discontinue such corporate use and has notified the racing and
 wagering board, or its  successor,  in  writing  of  its  decision.  The
 supplemental  one per centum surcharge established by subdivision 3-a of
 section 532 of the racing, pari-mutuel wagering and breeding  law  shall
 only  be  reinstated  one year following: (i) Catskill off-track betting
 corporation's written notification of discontinuance to the  racing  and
 wagering  board, or its successor; or (ii) one year following exhaustion
 of the two and one-half million dollars authorized by this section. Once
 the supplemental surcharge has been reimposed, the  capital  acquisition
 fund shall only be used for the purposes enumerated within section 509-a
 of the racing, pari-mutuel wagering and breeding law.
 

S 6. This act shall take effect immediately.

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