S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5586

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 23, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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 casino gambling;  to  amend  the  state  finance  law,  in
  relation  to  establishing the real property tax reduction account and
  the Belmont revitalization account; to amend the tax law, in  relation
  to  expansion  of  video  lottery  terminals; to amend the tax law, in
  relation to allowing off-track betting corporations in  the  state  to
  host  video  lottery terminals; and to amend the executive law and the
  racing, pari-mutuel wagering and breeding  law,  in  relation  to  the
  terms of office and salaries of members of the state gaming commission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
amended by adding a new article 13 to read as follows:
                               ARTICLE 13
                             CASINO GAMBLING
SECTION 1301. STATEMENT OF PURPOSE.
        1302. ISSUANCE OF LICENSES FOR CASINO GAMBLING FACILITIES.
        1303. LICENSES FOR CASINO GAMBLING FACILITIES.
        1304. GENERAL CONDITIONS OF CASINO GAMBLING LICENSES.
        1305. DECISIONS REVIEWABLE.
        1306. STATE REVENUE FUND.
        1307. ENHANCEMENT OF PURSES AND BREEDING.
  S  1301. STATEMENT OF PURPOSE. THIS ARTICLE IS INTENDED TO PROVIDE THE
LEGISLATIVE AUTHORIZATION FOR THE ISSUANCE OF UP TO SEVEN  LICENSES  FOR
CASINO GAMBLING FACILITIES WHICH IS HEREBY LEGALIZED AS REGULATED BY THE
STATE GAMING COMMISSION UPON THE APPROVAL OF AN AMENDMENT TO THE CONSTI-
TUTION  AUTHORIZING  UP TO SEVEN CASINO GAMBLING FACILITIES. LABOR PEACE
AGREEMENTS FOR SUCH CASINO  GAMBLING  FACILITIES,  AS  PROVIDED  FOR  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11242-03-3
              

S. 5586                             2

SECTION ONE HUNDRED NINE-A OF THIS CHAPTER, SHALL BE REQUIRED AS IF SUCH
FACILITY WERE A "GAMING FACILITY" AS DEFINED BY SUCH SECTION ONE HUNDRED
NINE-A.  THE  COMMISSION SHALL UTILIZE ITS BEST, INDEPENDENT JUDGMENT IN
AWARDING  ANY LICENSE AUTHORIZED HEREIN AND SHALL ENDEAVOR TO CREATE THE
MAXIMUM PUBLIC BENEFIT IN TERMS OF QUALITY JOB CREATION,  AS  REASONABLY
DETERMINED  BY  THE COMMISSION, IN AREAS SUFFERING FROM UNEMPLOYMENT AND
UNDEREMPLOYMENT.
  S 1302. ISSUANCE  OF  LICENSES  FOR  CASINO  GAMBLING  FACILITIES.  1.
LICENSES  FOR  CASINO  GAMBLING  FACILITIES SHALL BE ISSUED BY THE STATE
GAMING COMMISSION PURSUANT TO THIS ARTICLE.
  2. PROHIBITION ON LICENSES IN EXCLUSIVITY ZONES. TO THE EXTENT THAT AN
INDIAN NATION OR TRIBE HAS A VALID COMPACT WITH THE STATE  OF  NEW  YORK
WHICH  PROVIDES  FOR  THE  EXCLUSIVE  RIGHT  TO CONDUCT CLASS III GAMING
PURSUANT TO THE INDIAN GAMING REGULATORY ACT, 25 U.S.C. S 2701  ET  SEQ.
IN  A  GEOGRAPHIC  AREA DEFINED IN SUCH COMPACT, NO LICENSE FOR A CASINO
GAMBLING FACILITY SHALL BE ISSUED UNDER THIS  ARTICLE  WITHIN  ANY  SUCH
EXCLUSIVITY ZONE.
  3.  PROCESS  FOR  ISSUING  LICENSES.  (A) THE FOLLOWING SEVEN LICENSES
SHALL BE ISSUED BY THE COMMISSION FOR FACILITIES OPERATING CASINO GAMBL-
ING.  THE LICENSES SHALL BE ISSUED TO AN  ELIGIBLE  OPERATOR,  SITING  A
FACILITY  IN THE FOLLOWING GEOGRAPHIC AREAS, AND SHALL ONLY BE ISSUED IN
THE ORDER PROVIDED BUT SHALL BE EFFECTIVE ON  THE  DATE  CHOSEN  BY  THE
COMMISSION  WITHIN  THE PERIOD OF TIME PROVIDED AS THE LICENSE EFFECTIVE
DATE BELOW:
LICENSE  REGION                                LICENSE EFFECTIVE
DATE
NUMBER
1        REGION 1, COMPRISED OF THE            NO SOONER THAN JANUARY 1,
         COUNTIES OF COLUMBIA, DELAWARE        2014 AND NO LATER THAN
         GREENE, SULLIVAN, AND ULSTER          JANUARY 1, 2015
2        REGION 2, COMPRISED OF THE            NO SOONER THAN JULY 1, 2014
         COUNTIES OF BROOME, SENECA,           AND NO LATER THAN JULY 1,
         TIOGA, TOMPKINS, CHEMUNG,             2015
         SCHUYLER, AND WAYNE COUNTIES,
         EXCEPT ANY PORTIONS THEREOF
         WHERE THERE EXISTS A COMPACT
         WITH A NATIVE AMERICAN TRIBE OR
         NATION LIMITING THE LOCATION OF
         CASINO GAMBLING FACILITIES
         THEREIN.
3        REGION 3, COMPRISED OF THE            NO SOONER THAN JULY 1, 2014
         COUNTIES OF ALBANY, FULTON,           AND NO LATER THAN JULY 1,
         MONTGOMERY, RENSSELAER,               2015
         SARATOGA, SCHENECTADY,
         SCHOHARIE AND WASHINGTON
4        REGION 4, COMPRISED OF THE            NO SOONER THAN JULY 1,
         COUNTIES OF DELAWARE,                 2015 AND NO LATER THAN
         GREENE, SULLIVAN, AND ULSTER          JULY 1, 2016
5        REGION 5, COMPRISED OF THE            NO SOONER THAN JULY 1,
         COUNTIES OF DELAWARE, GREENE,         2016 AND NO LATER THAN
         SULLIVAN, ULSTER OR THE COUNTIES      JULY 1, 2017
         OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA,
         ERIE, GENESEE, LIVINGSTON, MONROE,
         NIAGARA, ORLEANS, AND WYOMING AND
         THE PORTIONS OF THE COUNTIES OF CHEMUNG,
         ONTARIO, SCHUYLER, WAYNE  AND YATES

S. 5586                             3

         WEST OF NEW YORK STATE ROUTE 14 WHERE
         A CASINO GAMBLING FACILITY WAS
         NOT PERMITTED AT ANY TIME DUE
         TO AN EXCLUSIVITY AGREEMENT
         OR COMPACT WITH A NATIVE AMERICAN
         OR INDIAN NATION OR TRIBE
6 AND 7  QUEENS OR WESTCHESTER COUNTY OR ANY   NO SOONER THAN JANUARY
         LOCATION WHICH WAS WITHIN AN EXCLU-   1, 2019 AND NO LATER
         SIVITY ZONE (AN AREA WHERE A CASINO   THAN JANUARY 1, 2021
         GAMBLING FACILITY WOULD NOT BE PER-
         MITTED TO BE AUTHORIZED BY THE STATE
         DUE TO AN AGREEMENT BETWEEN THE
         STATE AND A NATIVE AMERICAN NATION
         OR TRIBE), BUT WHICH IS NO LONGER
         IN AN EXCLUSIVITY ZONE AS OF THE
         DATE OF LICENSING SUCH CASINO GAM-
         BLING FACILITY.
  (B) EXTENSION OF TIME TO ISSUE LICENSE. THE COMMISSION SHALL AWARD THE
LICENSES  IN  THE  ORDER  LISTED  IN  PARAGRAPH (A) OF THIS SUBDIVISION.
HOWEVER, IF THERE IS NO APPLICANT THAT THE COMMISSION DEEMS ELIGIBLE  AT
THE  TIME  SUCH  LICENSE IS EFFECTIVE, THEN THE COMMISSION MAY BY RESOL-
UTION EXTEND THE TIME PERIOD FOR THE ACCEPTANCE  OF  ADDITIONAL  LICENSE
APPLICATIONS FOR UP TO ONE YEAR. IF A LICENSE IS NOT ISSUED, THE FAILURE
TO  AWARD  A LICENSE IN ANY REGION SHALL NOT DELAY THE ISSUANCE OF OTHER
LICENSES, PROVIDED, HOWEVER THAT NO SECOND LICENSE SHALL BE ISSUED UNTIL
THE FIRST LICENSE IS EFFECTIVE.
  (C)  WITHIN  THIRTY  DAYS  AFTER  THE  DEADLINE  HAS  PASSED  FOR  THE
SUBMISSION OF APPLICATIONS, THE COMMISSION SHALL SCHEDULE A PUBLIC HEAR-
ING IN A COUNTY IN WHICH AN APPLICANT PROPOSES TO LOCATE A CASINO GAMBL-
ING  FACILITY.  THE  PUBLIC HEARING SHALL ALLOW TESTIMONY BY THE GENERAL
PUBLIC, AND SHALL REQUIRE THE ATTENDANCE  OF  A  REPRESENTATIVE  OF  THE
APPLICANT AND AT LEAST THREE MEMBERS OF THE COMMISSION.
  (D)  THE  COMMISSION  SHALL  SELECT  A  CASINO  GAMBLING FACILITY SITE
SELECTION BOARD.   SUCH BOARD SHALL BE  COMPRISED  OF  FIVE  INDIVIDUALS
APPOINTED  BY  MAJORITY VOTE OF THE COMMISSION. BOARD MEMBERS SHALL HAVE
EXPERTISE IN THE FIELDS OF REAL ESTATE OR FINANCE OR BOTH. BOARD MEMBERS
SHALL TOGETHER BY MAJORITY VOTE APPOINT A FINANCIAL ADVISOR, WHICH SHALL
INDEPENDENTLY EVALUATE EACH APPLICATION  FOR  FISCAL  INTEGRITY,  IN  AN
EFFORT  TO  MAXIMIZE  REVENUE FOR THE STATE. THE FINANCIAL ADVISOR SHALL
RECEIVE COMPENSATION IN AN AMOUNT FIXED BY  THE  COMMISSION  WITHIN  THE
AMOUNTS  APPROPRIATED  THEREFORE.  BOARD  MEMBERS  SHALL  SERVE  WITHOUT
COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR REASONABLE AND NECESSARY
EXPENSES. THE BOARD SHALL RECOMMEND, BY MAJORITY VOTE, AN APPLICANT  FOR
EACH  LICENSE  BASED  UPON  THE  CRITERIA SET FORTH IN THIS CHAPTER, AND
SHALL TRANSMIT SUCH RECOMMENDATION TO THE COMMISSION.  THE  BOARD  SHALL
HAVE  THE  FULL  ASSISTANCE OF THE COMMISSION IN ITS REVIEW AND INVESTI-
GATION OF THE APPLICATIONS.  IN THE EVENT SUCH APPLICANT IS UNABLE TO BE
LICENSED, PURSUANT TO SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED  THREE
OF  THIS  ARTICLE THE BOARD SHALL BE NOTICED TO RECOMMEND ANOTHER APPLI-
CANT FROM AMONG THE APPLICATIONS RECEIVED. UPON  RECOMMENDATION  OF  THE
FINAL  APPLICANT FOR THE SEVENTH LICENSE, SUCH BOARD SHALL BE DISSOLVED.
NOTHING SHALL PREVENT A SITE SELECTION COMMISSION FROM BEING ESTABLISHED
BY THE COMMISSION IN THE FUTURE IF FOR ANY REASON A LICENSE IS AVAILABLE
FOR SELECTION BY SUCH BOARD.
  S 1303. LICENSES FOR CASINO GAMBLING FACILITIES. 1. (A) THE COMMISSION
SHALL ISSUE A REQUEST FOR APPLICATIONS FOR EACH OF THE  SEVEN  LICENSES.

S. 5586                             4

ALL  REQUESTS  FOR APPLICATIONS SHALL INCLUDE: (1) THE TIME AND DATE FOR
RECEIPT OF RESPONSES TO THE REQUEST FOR APPLICATIONS,  THE  MANNER  THEY
ARE  TO  BE RECEIVED AND THE ADDRESS OF THE OFFICE TO WHICH THE APPLICA-
TIONS SHALL BE DELIVERED; (2) THE FORM OF THE APPLICATION AND THE METHOD
FOR  SUBMISSION;  (3)  A GENERAL DESCRIPTION OF THE ANTICIPATED SCHEDULE
FOR PROCESSING THE APPLICATION; (4) THE CONTACT INFORMATION  OF  COMMIS-
SION EMPLOYEES RESPONSIBLE FOR HANDLING APPLICANT QUESTIONS; AND (5) ANY
OTHER INFORMATION THAT THE COMMISSION DETERMINES.
  (B) REQUESTS FOR APPLICATIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION  SHALL  BE  ADVERTISED  IN A MANNER CONSISTENT WITH A REQUEST FOR
PROPOSALS CONDUCTED PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE  OF  THE
STATE  FINANCE  LAW  AND ON THE OFFICIAL INTERNET WEBSITE OF THE COMMIS-
SION.
  (C) THE COMMISSION SHALL PRESCRIBE THE FORM  OF  THE  APPLICATION  FOR
CASINO GAMING LICENSES WHICH SHALL REQUIRE, BUT NOT BE LIMITED TO:
  (1) THE NAME OF THE APPLICANT;
  (2)  THE  MAILING ADDRESS AND, IF A CORPORATION, THE NAME OF THE STATE
UNDER THE LAWS OF WHICH IT IS INCORPORATED, THE LOCATION OF ITS  PRINCI-
PAL  PLACE  OF BUSINESS AND THE NAMES AND ADDRESSES OF ITS DIRECTORS AND
MAJOR STOCKHOLDERS OR MEMBERS IN THE DISCRETION OF THE COMMISSION;
  (3) THE IDENTITY OF EACH PERSON HAVING A DIRECT OR  INDIRECT  INTEREST
IN THE BUSINESS AND THE NATURE OF SUCH INTEREST; PROVIDED, HOWEVER, THAT
IF  THE  DISCLOSED ENTITY IS A TRUST, THE APPLICATION SHALL DISCLOSE THE
NAMES AND ADDRESSES OF ALL BENEFICIARIES; PROVIDED FURTHER, THAT IF  THE
DISCLOSED  ENTITY  IS  A PARTNERSHIP, THE APPLICATION SHALL DISCLOSE THE
NAMES AND ADDRESSES OF ALL  PARTNERS,  BOTH  GENERAL  AND  LIMITED;  AND
PROVIDED  FURTHER,  THAT  IF THE DISCLOSED ENTITY IS A LIMITED LIABILITY
COMPANY, THE APPLICATION SHALL DISCLOSE THE NAMES AND ADDRESSES  OF  ALL
MEMBERS;
  (4) AN INDEPENDENT AUDIT REPORT OF ALL FINANCIAL ACTIVITIES AND INTER-
ESTS  OF  THE APPLICANT INCLUDING, BUT NOT LIMITED TO, THE DISCLOSURE OF
ALL CONTRIBUTIONS, DONATIONS, LOANS OR ANY OTHER FINANCIAL  TRANSACTIONS
TO OR FROM A GAMING ENTITY OR OPERATOR IN THE PAST FIVE YEARS;
  (5)  EVIDENCE  OF  FINANCIAL  STABILITY INCLUDING, BUT NOT LIMITED TO,
BANK REFERENCES, BUSINESS AND PERSONAL  INCOME  OF  MAJOR  SHAREHOLDERS,
PARTNERS  OR  MEMBERS IN THE DISCRETION OF THE COMMISSION, AND DISBURSE-
MENT SCHEDULES, TAX RETURNS AND OTHER REPORTS FILED BY GOVERNMENT  AGEN-
CIES AND BUSINESS AND PERSONAL ACCOUNTING CHECK RECORDS AND LEDGERS;
  (6)  DESIGNS FOR THE PROPOSED CASINO GAMBLING FACILITY, AND A TIMELINE
OF CONSTRUCTION THAT INCLUDES DETAILED STAGES OF  CONSTRUCTION  FOR  THE
CASINO  GAMBLING  FACILITY,  NON-GAMING  STRUCTURES AND RACETRACK, WHERE
APPLICABLE;
  (7) A DESCRIPTION OF THE ANCILLARY ENTERTAINMENT SERVICES AND NON-GAM-
ING AMENITIES TO BE PROVIDED AT THE PROPOSED CASINO GAMBLING FACILITY;
  (8) THE MINIMUM NUMBER OF EMPLOYEES TO BE  EMPLOYED  AT  THE  PROPOSED
CASINO GAMBLING FACILITY;
  (9) COMPLETED STUDIES AND REPORTS AS REQUIRED BY THE COMMISSION, WHICH
SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, AN EXAMINATION OF THE PROPOSED
CASINO GAMBLING FACILITY:
  (I) ECONOMIC BENEFITS TO THE REGION AND THE STATE;
  (II) LOCAL AND  REGIONAL  ENVIRONMENTAL,  TRAFFIC  AND  INFRASTRUCTURE
IMPACTS;
  (III)  IMPACT  ON THE LOCAL AND REGIONAL ECONOMY, INCLUDING THE IMPACT
ON CULTURAL INSTITUTIONS AND ON SMALL BUSINESSES IN THE  HOST  COMMUNITY
AND SURROUNDING COMMUNITIES;

S. 5586                             5

  (IV)  COST  BENEFIT  ANALYSIS OF THE PROJECT AS IT RELATES TO THE HOST
COMMUNITY AND IMMEDIATELY SURROUNDING COMMUNITIES AND THE STATE FOR  THE
PROPOSED  CASINO  GAMBLING  FACILITY  TO  BE  LOCATED  AT  THE  PROPOSED
LOCATION; AND
  (V)  THE  ESTIMATED MUNICIPAL AND STATE TAX REVENUE TO BE GENERATED BY
THE CASINO GAMBLING FACILITY;
  (10) THE TOTAL NEW  INVESTMENT  PROPOSED  BY  THE  APPLICANT  FOR  THE
PROPOSED  PROJECT  AND THE CURRENT AMOUNT INVESTED IN THE PROPOSED SITE,
IF APPLICABLE;
  (11) THE LOCATION OF THE  PROPOSED  CASINO  GAMBLING  FACILITY,  WHICH
SHALL  INCLUDE  A  STATEMENT THAT THE BIDDER OWNS, CONTROLS OR OTHERWISE
HAS RIGHTS SATISFACTORY TO THE COMMISSION TO OPERATE SUCH A FACILITY  ON
THE PROPERTY NAMED; AND
  (12) WITH RESPECT TO LICENSES ONE THROUGH FIVE A RESOLUTION ADOPTED BY
THE  LOCAL  GOVERNING  BODY OF THE TOWN, VILLAGE OR MUNICIPALITY AND THE
COUNTY, EXPRESSING SUPPORT FOR A CASINO GAMBLING FACILITY.
  (D) A PROPOSED LICENSING FEE TO BE PAID BY  APPLICANT,  PRIOR  TO  THE
EFFECTIVE DATE OF A LICENSE ISSUED BY THE COMMISSION TO OPERATE A CASINO
GAMBLING FACILITY. SUCH FEE SHALL BE NO LESS THAN A MINIMUM AMOUNT TO BE
PRESCRIBED BY THE COMMISSION FOR EACH COUNTY WHERE THE BIDDER PROPOSES A
BID  FOR  SUCH  LICENSE.  ANY MINIMUM LICENSING FEE REQUIREMENT SHALL BE
PROMULGATED NOT LATER THAN OCTOBER FIRST, TWO THOUSAND THIRTEEN.
  (E) A PROPOSED TAX RATE BASED ON NET INCOME FOR SLOT MACHINES AND  THE
NET  INCOME  OF  TABLE  GAMES  (GAMES  OTHER THAN SLOT MACHINES).   SUCH
COMBINED AMOUNT SHALL BE THE GROSS GAMING REVENUE PAYMENT.  THE  COMMIS-
SION  SHALL  STUDY  AND  ISSUE TO THE LEGISLATURE A REPORT DETAILING THE
STATE AND LOCAL IMPACTS OF PROPOSED TAX RATES TO BE FIXED BY THE  LEGIS-
LATURE.  SUCH  REPORT,  INCLUDING  A  RECOMMENDED MINIMUM RATE, SHALL BE
ISSUED NO LATER THAN OCTOBER FIRST, TWO THOUSAND THIRTEEN.
  (F) THE COMMISSION OR THE  CASINO  GAMBLING  FACILITY  SITE  SELECTION
BOARD  MAY,  PRIOR  TO  ISSUING A LICENSE CONDUCT PERSONAL INTERVIEWS OF
REPRESENTATIVES OF BIDDERS AND REVIEW DOCUMENTS RELATED TO  BIDDERS  AND
SHALL  HAVE THE COOPERATION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE DEPARTMENT OF TAXATION AND FINANCE IN REVIEWING THE  BACKGROUNDS
OF  ENTITIES  WHICH BID OR THE OFFICERS, DIRECTORS, SHAREHOLDERS, EXECU-
TIVES, OR MEMBERS THEREOF.
  2. THE COMMISSION, UNLESS IT SHALL ISSUE A WRITTEN FINDING STATING ITS
REASONS FOR HOLDING OTHERWISE, SHALL HONOR THE RECOMMENDATIONS  FOR  THE
OPERATORS  OF  THE  CASINO  GAMBLING  FACILITIES  BY THE CASINO GAMBLING
FACILITY SITE SELECTION BOARD, PURSUANT TO THE STANDARDS ESTABLISHED  BY
LAW  AND MAY ENSURE THE OPERATOR IS OPERATING IN A MANNER WHICH COMPLIES
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. THE  COMMISSION  SHALL
TAKE  SUCH  STEPS AS ARE NECESSARY TO ENSURE THAT THE OWNERS, DIRECTORS,
SHAREHOLDERS, OFFICERS, AND EMPLOYEES AND SUCH OTHER PERSONS  ASSOCIATED
WITH  THE  LICENSEE  AS THE COMMISSION DEEMS NECESSARY, ARE FREE OF PAST
CRIMINAL OR CIVIL CONDUCT WHICH WOULD IMPUGN THE INTEGRITY OR  TRUSTWOR-
THINESS  OF  SUCH  PERSONS.  IN  DETERMINING  WHETHER AN APPLICANT SHALL
RECEIVE A CASINO GAMBLING LICENSE, THE  CASINO  GAMBLING  FACILITY  SITE
SELECTION  BOARD  SHALL  EVALUATE  WHETHER OR NOT AN APPLICANT MEETS THE
FOLLOWING CRITERIA:
  (A) MAXIMIZING REVENUES RECEIVED BY THE STATE;
  (B) REALIZING MAXIMUM CAPITAL INVESTMENT EXCLUSIVE OF LAND ACQUISITION
AND INFRASTRUCTURE IMPROVEMENTS;
  (C) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT UTILIZES THE EXIST-
ING LABOR FORCE, INCLUDING THE ESTIMATED NUMBER OF CONSTRUCTION  JOBS  A
PROPOSED  CASINO  GAMBLING  FACILITY  WILL  GENERATE, THE DEVELOPMENT OF

S. 5586                             6

WORKFORCE TRAINING PROGRAMS THAT SERVE THE UNEMPLOYED  AND  METHODS  FOR
ACCESSING  EMPLOYMENT  AT  THE CASINO GAMBLING FACILITY INCLUDING AGREE-
MENTS WITH COUNTY GOVERNMENTS IN ONE OR MORE COUNTIES FOUND TO HAVE HIGH
UNEMPLOYMENT RATES TO HIRE A PERCENTAGE OF EMPLOYEES FROM SUCH COUNTY;
  (D) BUILDING A CASINO GAMBLING FACILITY OF HIGH CALIBER WITH A VARIETY
OF QUALITY NON-GAMING AMENITIES TO BE INCLUDED AS PART OF SUCH FACILITY;
  (E)  PROMOTING  LOCAL  BUSINESSES IN HOST AND SURROUNDING COMMUNITIES,
INCLUDING DEVELOPING CROSS-MARKETING STRATEGIES WITH LOCAL  RESTAURANTS,
SMALL BUSINESSES, HOTELS, RETAIL OUTLETS, RACETRACKS, IF APPLICABLE, AND
IMPACTED LIVE ENTERTAINMENT VENUES;
  (F)  PROVIDING  A  HIGH  NUMBER OF QUALITY JOBS IN THE CASINO GAMBLING
FACILITY;
  (G) OFFERING THE HIGHEST AND BEST VALUE TO CREATE A SECURE AND  ROBUST
GAMING MARKET IN THE REGION AND THE STATE; AND
  (H)  MITIGATION  OF  ADVERSE  IMPACTS  ON THE STATE RELATED TO PROBLEM
GAMBLING INCLUDING, BUT NOT LIMITED TO, TRAINING OF GAMING EMPLOYEES  TO
IDENTIFY  PATRONS  EXHIBITING  PROBLEMS  WITH  GAMBLING  AND  PREVENTION
PROGRAMS TARGETED TOWARD VULNERABLE POPULATIONS.
  3. EXCEPT FOR THE COUNTY OF SULLIVAN, WHERE THERE MAY NOT BE MORE THAN
TWO SUCH LICENSES, THERE SHALL NOT BE MORE THAN ONE LICENSEE  AUTHORIZED
TO OPERATE A CASINO GAMBLING FACILITY IN ANY COUNTY.
  S  1304.  GENERAL  CONDITIONS  OF LICENSES. 1. PERFORMANCE COLLATERAL.
(A) UPON AWARD OF A CASINO  GAMBLING  LICENSE  BY  THE  COMMISSION,  THE
APPLICANT  SHALL BE REQUIRED TO DEPOSIT TEN PERCENT OF THE TOTAL INVEST-
MENT PROPOSED IN THE  APPLICATION  INTO  AN  INTEREST  BEARING  ACCOUNT.
MONIES  RECEIVED  FROM  THE  APPLICANT SHALL BE HELD IN ESCROW UNTIL THE
FINAL STAGE OF CONSTRUCTION, AS DETAILED IN THE TIMELINE OF CONSTRUCTION
SUBMITTED WITH THE LICENSEE'S APPLICATION AND APPROVED  BY  THE  COMMIS-
SION,  AT  WHICH  TIME  THE  DEPOSIT  PLUS ALL ACCRUED INTEREST SHALL BE
RETURNED TO THE APPLICANT TO BE APPLIED FOR THE FINAL STAGE. SHOULD  THE
APPLICANT BE UNABLE TO COMPLETE THE CASINO GAMBLING FACILITY, THE DEPOS-
IT  PLUS  ALL ACCRUED INTEREST SHALL BE FORFEITED TO THE STATE. IN PLACE
OF A CASH DEPOSIT, THE COMMISSION MAY ALLOW FOR AN APPLICANT TO SECURE A
DEPOSIT BOND INSURING THAT TEN PERCENT OF THE PROPOSED  CAPITAL  INVEST-
MENT  SHALL  BE  FORFEITED  TO  THE  STATE IF THE APPLICANT IS UNABLE TO
COMPLETE THE CASINO GAMBLING FACILITY.
  (B) A LICENSEE WHO FAILS TO BEGIN GAMING OPERATIONS  WITHIN  ONE  YEAR
AFTER  THE  DATE  SPECIFIED IN ITS CONSTRUCTION TIMELINE, AS APPROVED BY
THE COMMISSION, SHALL BE SUBJECT TO  SUSPENSION  OR  REVOCATION  OF  THE
CASINO  GAMBLING LICENSE BY THE COMMISSION AND MAY, AFTER BEING FOUND BY
THE COMMISSION AFTER A HEARING TO HAVE ACTED IN BAD FAITH IN ITS  APPLI-
CATION, BE ASSESSED A FINE OF UP TO FIFTY MILLION DOLLARS.
  2.  (A) THE COMMISSION SHALL PRESCRIBE THE FORM OF THE CASINO GAMBLING
LICENSE, WHICH SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE  FOLLOWING
LICENSE CONDITIONS FOR EACH LICENSEE. THE LICENSEE SHALL:
  (1) HAVE AN AFFIRMATIVE OBLIGATION TO ABIDE BY EVERY STATEMENT MADE IN
ITS APPLICATION TO THE COMMISSION, INCLUDING ALL EVALUATION CRITERIA AND
ELIGIBILITY REQUIREMENTS;
  (2)  COMPLY  WITH ALL LAWS OF THE STATE, THE LAWS OF THE UNITED STATES
AND ALL RULES AND REGULATIONS PROMULGATED UNDER THIS CHAPTER;
  (3) PAY WEEKLY TO THE COMMISSION  THE  GROSS  GAMING  REVENUE  PAYMENT
PURSUANT TO THE TERMS OF THE LICENSE;
  (4)  MAKE,  OR  CAUSE  TO  BE MADE, CAPITAL EXPENDITURES TO ITS CASINO
GAMBLING FACILITY AS PART  OF  A  MULTI-YEAR  CAPITAL  EXPENDITURE  PLAN
APPROVED BY THE COMMISSION;

S. 5586                             7

  (5)  NOT CHANGE ITS BUSINESS GOVERNING STRUCTURE WITHOUT THE NOTIFICA-
TION AND APPROVAL OF THE COMMISSION;
  (6) NOT OPERATE, INVEST IN OR OWN, IN WHOLE OR IN PART, ANOTHER CASINO
GAMBLING LICENSEE'S LICENSE OR CASINO GAMBLING FACILITY;
  (7)  COOPERATE  WITH  THE  COMMISSION  AND THE ATTORNEY GENERAL IN ALL
GAMING-RELATED INVESTIGATIONS. EACH CASINO GAMBLING LICENSEE SHALL  MAKE
READILY AVAILABLE ALL DOCUMENTS, MATERIALS, EQUIPMENT, PERSONNEL AND ANY
OTHER  ITEMS  REQUESTED DURING AN INVESTIGATION; PROVIDED, HOWEVER, THAT
MATERIAL THAT THE CASINO GAMBLING LICENSEE CONSIDERS A TRADE  SECRET  OR
DETRIMENTAL  TO  THE  CASINO  GAMBLING  LICENSEE  IF IT WERE MADE PUBLIC
SHALL, WITH THE COMMISSION'S APPROVAL, BE PROTECTED FROM PUBLIC  DISCLO-
SURE;
  (8)  COOPERATE  WITH  THE  COMMISSION  AND  THE  ATTORNEY GENERAL WITH
RESPECT TO THE INVESTIGATION OF ANY CRIMINAL MATTER; PROVIDED,  HOWEVER,
THAT  THE  CASINO GAMBLING LICENSEE SHALL, UPON RECEIPT OF A CRIMINAL OR
CIVIL  PROCESS  COMPELLING  TESTIMONY  OR  PRODUCTION  OF  DOCUMENTS  IN
CONNECTION  WITH A CIVIL OR CRIMINAL INVESTIGATION, IMMEDIATELY DISCLOSE
SUCH INFORMATION TO THE COMMISSION;  AND  PROVIDED  FURTHER,  THAT  THIS
PARAGRAPH  SHALL  NOT  PROHIBIT  PRIVATE PERSONS OR PUBLIC ENTITIES FROM
SEEKING ANY REMEDY OR DAMAGES AGAINST A CASINO GAMBLING LICENSEE;
  (9) ALLOW THE COMMISSION OR THE DIVISION OF  STATE  POLICE  AND  STATE
POLICE  OFFICERS  ASSIGNED  TO  THE  COMMISSION OR THE DIVISION OF STATE
POLICE TO CONDUCT WARRANTLESS SEARCHES OF THE CASINO GAMBLING LICENSEE'S
GAMING AREA (BOTH THOSE AREAS OPEN TO THE PUBLIC AND THOSE PRIVATE AREAS
WHEN GAMING OPERATIONS ARE OVERSEEN OR CONTROLLED);
  (10) COLLECT AND ANNUALLY REPORT TO THE COMMISSION A DETAILED  STATIS-
TICAL REPORT ON THE NUMBER, JOB TITLES, BENEFITS AND SALARIES OF EMPLOY-
EES HIRED AND RETAINED IN EMPLOYMENT AT THE CASINO GAMBLING FACILITY;
  (11)  EMPLOY  ONLY THOSE PERSONS LICENSED OR REGISTERED BY THE COMMIS-
SION WHICH LICENSES OR REGISTRATIONS ARE HEREBY AUTHORIZED;
  (12) DO BUSINESS ONLY WITH THOSE VENDORS LICENSED OR REGISTERED BY THE
COMMISSION WHICH LICENSES OR REGISTRATIONS ARE HEREBY AUTHORIZED;
  (13) KEEP CONSPICUOUSLY POSTED IN THE GAMING AREA A NOTICE  CONTAINING
THE NAME AND A TELEPHONE NUMBER FOR PROBLEM GAMBLING ASSISTANCE;
  (B) THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE SUPPLEMENTARY TO ANY
OTHER  POWER  OF  THE COMMISSION AND SHALL NOT BE DEEMED TO RESTRICT THE
POWERS OF THE COMMISSION AS OTHERWISE PROVIDED BY LAW.
  (C) IN THE EVENT THAT A LICENSEE FAILS TO OPERATE THE CASINO  GAMBLING
FACILITY  IN  ACCORDANCE  WITH  THESE PROVISIONS OR FAILS TO COMPLY WITH
OTHER TERMS OF THE LICENSE, THE COMMISSION SHALL BE EMPOWERED TO  REVOKE
THE  LICENSE  OF  ANY  ENTITY,  MEMBER OR OFFICER OF THE CASINO GAMBLING
FACILITY. THE COMMISSION SHALL TAKE  SUCH  ACTION  AS  IS  NECESSARY  TO
ASSURE  THE CONTINUATION OF THE GAMING ACTIVITIES AT THE CASINO GAMBLING
FACILITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE.
  (D) THE COMMISSION IS HEREBY AUTHORIZED TO APPROVE THE  OPENING  OF  A
TEMPORARY  FACILITY  OF THE LICENSEE BEFORE THE CASINO GAMBLING FACILITY
IS COMPLETE. SUCH TEMPORARY FACILITY SHALL BE APPROVED  FOR  A  DURATION
NOT  TO  EXCEED EIGHTEEN MONTHS. THE COMMISSION MAY AUTHORIZE THE TEMPO-
RARY FACILITY AT A LOCATION OTHER THAN  THE  PLANNED  LOCATION  FOR  THE
PERMANENT CASINO GAMBLING FACILITY; HOWEVER SUCH TEMPORARY FACILITY MUST
BE  WITHIN THE SAME COUNTY AS THE PERMANENT CASINO GAMBLING FACILITY AND
SHALL BE WITHIN FIFTEEN MILES OF THE PROPOSED PERMANENT CASINO  GAMBLING
FACILITY.
  S  1305. DECISIONS REVIEWABLE. ALL FINAL DETERMINATIONS OF THE COMMIS-
SION UNDER THIS ARTICLE SHALL BE REVIEWABLE  BY  A  COURT  OF  COMPETENT
JURISDICTION  IN  A  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE

S. 5586                             8

CIVIL PRACTICE LAW AND RULES. AN ACTION  INSTITUTED  FOR  A  DECLARATION
THAT  SUCH  ACTION  WAS  ARBITRARY  AND CAPRICIOUS BY AN AGGRIEVED PARTY
SHALL BE INSTITUTED, IF AT ALL,  WITHIN  THIRTY  CALENDAR  DAYS  OF  THE
COMMISSION'S FINAL DETERMINATION.
  S  1306. STATE REVENUE FUND. 1. REVENUE DERIVED FROM THE AMOUNTS PAYA-
BLE UNDER PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION  THIRTEEN  HUNDRED
THREE  OF  THIS  ARTICLE,  AND THE GROSS GAMING REVENUE DERIVED FROM THE
COMBINED SALES TAX ON SLOT MACHINES AND TABLE GAMES AS PROVIDED IN PARA-
GRAPH (F) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED THREE  OF  THIS
ARTICLE SHALL BE DISTRIBUTED AS FOLLOWS:
  (A) EIGHTY PERCENT FOR ELEMENTARY AND SECONDARY EDUCATION; AND
  (B)  TWENTY  PERCENT  TO  BE  DEPOSITED  INTO  THE  REAL  PROPERTY TAX
REDUCTION ACCOUNT CREATED BY SECTION NINETY-NINE-V OF THE STATE  FINANCE
LAW.
  2.  IF  A  CASINO  GAMBLING FACILITY IS LICENSED IN QUEENS COUNTY, THE
COMMISSION SHALL ENSURE THAT PRIOR TO DISBURSEMENT OF STATE  REVENUE  AS
PROVIDED  IN  SUBDIVISION  ONE  OF  THIS  SECTION, THAT THE AMOUNT TO BE
CONTRIBUTED TO PRIMARY AND SECONDARY EDUCATION SHALL BE NO LESS THAN THE
AMOUNT PAID BY THE VIDEO LOTTERY GAMING VENDOR LICENSED  TO  OPERATE  IN
QUEENS  COUNTY  IN  THE YEAR PRECEDING SUCH A CASINO GAMBLING FACILITY'S
LICENSURE IN QUEENS COUNTY.  AFTER PAYMENT OF SUCH AMOUNT, AND  FOR  THE
FIRST  THROUGH  FIFTH FULL YEAR AFTER SUCH A CASINO GAMBLING FACILITY IS
LICENSED IN QUEENS COUNTY, THE REVENUES SHALL BE DISTRIBUTED AS FOLLOWS:
  SIXTY-FIVE PERCENT FOR ELEMENTARY AND SECONDARY EDUCATION;
  TWENTY PERCENT TO BE DEPOSITED IN  THE  REAL  PROPERTY  TAX  REDUCTION
ACCOUNT CREATED BY SECTION NINETY-NINE-V OF THE STATE FINANCE LAW; AND
  FIFTEEN  PERCENT,  NOT  TO  EXCEED SEVENTY-FIVE MILLION DOLLARS IN ANY
CALENDAR YEAR, TO BE DEPOSITED IN  THE  BELMONT  REVITALIZATION  ACCOUNT
CREATED  BY  SECTION  NINETY-NINE-W  OF THE STATE FINANCE LAW. ANY ADDI-
TIONAL AMOUNTS ABOVE THE SEVENTY-FIVE MILLION DOLLARS SHALL BE  DISTRIB-
UTED  TO  THE  REAL PROPERTY TAX REDUCTION ACCOUNT. AT THE EXPIRATION OF
THE FIFTH FULL YEAR OF OPERATIONS BY A CASINO GAMBLING FACILITY  IN  THE
COUNTY  OF  QUEENS  THE STATE REVENUE FROM SUCH CASINO GAMBLING FACILITY
SHALL BE DISBURSED IN THE MANNER OF ANY OTHER CASINO  GAMBLING  FACILITY
AUTHORIZED BY THIS ARTICLE.
  S 1307. ENHANCEMENT OF PURSES AND BREEDING.  NOTWITHSTANDING THE OTHER
PROVISIONS OF THIS SECTION, THE COMMISSION AND ANY OTHER NECESSARY OFFI-
CER  OR  EMPLOYEE OF THE STATE MAY TAKE SUCH ACTIONS AS ARE NECESSARY TO
CAUSE PAYMENTS TO BE MADE FOR THE ENHANCEMENT OF PURSES AND  TO  PROMOTE
NEW YORK HORSE BREEDING OR OTHER RACING SUPPORT PAYMENTS, AT THE MINIMUM
LEVEL  SUCH  AMOUNTS WERE PROVIDED FOR IN THE YEAR TWO THOUSAND THIRTEEN
PURSUANT TO SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW.  THE  COMMIS-
SION  SHALL  ISSUE  A  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE ON A
RECOMMENDED METHODOLOGY TO ENSURE CONTINUED INCREASES WITH A RATE STRUC-
TURE FOR THE SAME FOR THE ENHANCEMENT OF PURSES  AND  BREEDING  AND  THE
RACING  INDUSTRY  BASED  ON  THE  AMOUNT  OF REVENUE DERIVED FROM CASINO
GAMBLING VERSUS REVENUE FROM VIDEO LOTTERY TERMINALS  IN  THE  YEAR  TWO
THOUSAND  THIRTEEN,  TAKING  INTO ACCOUNT THE OVERALL GROWTH, IF ANY, OF
THE HORSE RACING AND BREEDING INDUSTRY IN NEW YORK STATE. NOTHING  HERE-
IN,  HOWEVER,  SHALL  PERMIT  ANY PAYMENTS TO EDUCATION TO BE DIMINISHED
BELOW THEIR TWO THOUSAND THIRTEEN LEVELS AS PROVIDED FOR  THROUGH  VIDEO
LOTTERY  TERMINALS.  THE  REPORT  SHALL,  PRIOR TO BEING ISSUED IN FINAL
FORM, BE SUBJECT TO A PUBLIC HEARING AT WHICH  INTERESTED  PARTIES  FROM
THE  AGRICULTURAL INDUSTRY AND THOSE ENGAGED IN THE RACING OF HORSES AND
THE SUPPORT WORKERS ASSOCIATED WITH THE HORSE RACING INDUSTRY, OR  THEIR

S. 5586                             9

REPRESENTATIVES,  SHALL  BE  PERMITTED  TO TESTIFY. SUCH REPORT SHALL BE
ISSUED NOT LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
  S  2.  Section  109-a of the racing, pari-mutuel wagering and breeding
law is amended by adding three new subdivisions 4, 5 and 6  to  read  as
follows:
  4. CONSTRUCTION. CONSTRUCTION FOR EACH CAPITAL PROJECT UNDERTAKEN BY A
GAMING  FACILITY  SHALL  BE  DEEMED  A  "PUBLIC WORK" TO BE PERFORMED IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF  THE  LABOR  LAW,  AS
WELL  AS SUBJECT TO SECTIONS TWO HUNDRED, TWO HUNDRED FORTY, TWO HUNDRED
FORTY-ONE AND TWO HUNDRED FORTY-TWO OF THE LABOR LAW AND ENFORCEMENT  OF
PREVAILING WAGE REQUIREMENTS BY THE NEW YORK STATE DEPARTMENT OF LABOR.
  5.  CAPITAL PROJECTS. IF OTHERWISE APPLICABLE, CAPITAL PROJECTS UNDER-
TAKEN BY A GAMING FACILITY SHALL BE SUBJECT TO SECTION ONE HUNDRED THIR-
TY-FIVE OF THE STATE FINANCE LAW AND SECTION TWO HUNDRED  TWENTY-TWO  OF
THE LABOR LAW.
  6.  PROJECT  LABOR  AGREEMENTS.  A.  FOR THE PURPOSES OF THIS SECTION,
"PROJECT LABOR AGREEMENT" SHALL MEAN A  PRE-HIRE  COLLECTIVE  BARGAINING
AGREEMENT  BETWEEN  A  GAMING FACILITY OR CONTRACTOR THEREOF AND THE NEW
YORK STATE BUILDING AND CONSTRUCTION TRADES COUNCIL AND/OR A SUBDIVISION
THEREOF, DETERMINED BY THE GAMING COMMISSION AS REPRESENTING THE LARGEST
NUMBER OF EMPLOYEES LIKELY TO WORK  ON  THE  PROJECT,  ESTABLISHING  THE
LABOR  ORGANIZATION  AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL
PERSONS WHO WILL PERFORM WORK ON THE PROJECT, AND  WHICH  PROVIDES  THAT
ONLY  CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT
WITH THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK.
  B. THE GAMING COMMISSION SHALL REQUIRE A GAMING FACILITY OR CONTRACTOR
THEREOF AWARDED A CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR
OTHER AGREEMENT FOR A PROJECT TO ENTER INTO A  PROJECT  LABOR  AGREEMENT
DURING AND FOR THE WORK INVOLVED WITH SUCH PROJECT WHEN SUCH REQUIREMENT
IS  PART  OF THE GAMING FACILITY PROJECT, BUT ONLY IF THE GAMING COMMIS-
SION DETERMINES THAT THE RECORD SUPPORTING THE DECISION  TO  ENTER  INTO
SUCH  AN  AGREEMENT ESTABLISHES THAT THE INTERESTS OF THE STATE ARE BEST
MET BY REQUIRING A PROJECT LABOR AGREEMENT INCLUDING: OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE  PRICE;  PREVENTING  FAVORITISM,  FRAUD  AND
CORRUPTION;  THE  IMPACT  OF DELAY; THE POSSIBILITY OF COST SAVINGS; AND
ANY LOCAL HISTORY OF LABOR UNREST.
  C. ANY CONTRACT TO WHICH THE GAMING  FACILITY  IS  A  PARTY,  AND  ANY
CONTRACT  ENTERED INTO BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF
AND FOR THE BENEFIT OF THE GAMING FACILITY PURSUANT TO ANY LEASE, PERMIT
OR OTHER AGREEMENT BETWEEN SUCH THIRD PARTY AND THE GAMING FACILITY, FOR
THE  CONSTRUCTION,  RECONSTRUCTION,  DEMOLITION,  EXCAVATION,  REHABILI-
TATION,  REPAIR,  RENOVATION,  ALTERATION,  OR IMPROVEMENT, OF A PROJECT
UNDERTAKEN PURSUANT TO THIS CHAPTER, SHALL BE  SUBJECT  TO  ALL  OF  THE
PROVISIONS  OF ARTICLE EIGHT OF THE LABOR LAW, INCLUDING THE ENFORCEMENT
OF PREVAILING WAGE REQUIREMENTS BY THE  FISCAL  OFFICER  AS  DEFINED  IN
PARAGRAPH  E  OF  SUBDIVISION  FIVE OF SECTION TWO HUNDRED TWENTY OF THE
LABOR LAW TO THE SAME EXTENT AS A CONTRACT OF THE STATE,  AND  SHALL  BE
DEEMED PUBLIC WORK FOR PURPOSES OF SUCH ARTICLE.
  D.  EVERY  CONTRACT  ENTERED INTO BY THE GAMING FACILITY FOR A PROJECT
SHALL CONTAIN A PROVISION THAT THE CONTRACTOR SHALL FURNISH A LABOR  AND
MATERIAL  BOND GUARANTEEING PROMPT PAYMENT OF MONEYS THAT ARE DUE TO ALL
PERSONS FURNISHING LABOR AND MATERIALS PURSUANT TO THE  REQUIREMENTS  OF
ANY  CONTRACTS  FOR  A PROJECT UNDERTAKEN PURSUANT TO THIS SECTION AND A
PERFORMANCE BOND FOR THE FAITHFUL  PERFORMANCE  OF  THE  PROJECT,  WHICH
SHALL  CONFORM  TO  THE PROVISIONS OF SECTION ONE HUNDRED THREE-F OF THE
GENERAL MUNICIPAL LAW, AND THAT A COPY OF SUCH PERFORMANCE  AND  PAYMENT

S. 5586                            10

BONDS SHALL BE KEPT BY THE GAMING COMMISSION AND SHALL BE OPEN TO PUBLIC
INSPECTION.
  E.  FOR  THE  PURPOSES  OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, ANY
PERSON ENTERING INTO A CONTRACT FOR A  PROJECT  AUTHORIZED  PURSUANT  TO
THIS  SECTION  SHALL BE DEEMED A STATE AGENCY AS THAT TERM IS DEFINED IN
SUCH ARTICLE AND SUCH CONTRACTS SHALL BE DEEMED STATE  CONTRACTS  WITHIN
THE MEANING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
  F.  WHENEVER  A  GAMING  FACILITY ENTERS INTO A CONTRACT, SUBCONTRACT,
LEASE, GRANT, BOND, COVENANT OR OTHER AGREEMENT FOR CONSTRUCTION, RECON-
STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION,  REPAIR,  RENOVATION,
ALTERATION,  OR  IMPROVEMENT  WITH  RESPECT  TO  EACH PROJECT UNDERTAKEN
PURSUANT TO THIS CHAPTER,  THE  GAMING  COMMISSION  SHALL  CONSIDER  THE
FINANCIAL  AND ORGANIZATIONAL CAPACITY OF CONTRACTORS AND SUBCONTRACTORS
IN RELATION TO THE MAGNITUDE OF WORK THEY MAY  PERFORM,  THE  RECORD  OF
PERFORMANCE  OF  CONTRACTORS  AND  SUBCONTRACTORS  ON PREVIOUS WORK, THE
RECORD OF CONTRACTORS AND  SUBCONTRACTORS  IN  COMPLYING  WITH  EXISTING
LABOR  STANDARDS  AND  MAINTAINING  HARMONIOUS  LABOR RELATIONS, AND THE
COMMITMENT OF CONTRACTORS TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW  THROUGH
JOINT VENTURES OR SUBCONTRACTOR RELATIONSHIPS.
  G.  THE  GAMING  COMMISSION SHALL FURTHER REQUIRE, ON ANY CONTRACT FOR
CONSTRUCTION IN EXCESS OF THREE MILLION  DOLLARS  WITH  RESPECT  TO  ANY
CONTRACT FOR CONSTRUCTION, RECONSTRUCTION, DEMOLITION, EXCAVATION, REHA-
BILITATION,  REPAIR,  RENOVATION,  ALTERATION,  OR IMPROVEMENT THAT EACH
CONTRACTOR AND SUBCONTRACTOR SHALL PARTICIPATE  IN  APPRENTICE  TRAINING
PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE
DEPARTMENT OF LABOR FOR NOT LESS THAN THREE YEARS. THE GAMING COMMISSION
SHALL  FURTHER REQUIRE THAT EACH CONTRACTOR AND SUBCONTRACTOR SHALL HAVE
GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE
AT LEAST ONE APPRENTICE CURRENTLY ENROLLED  IN  SUCH  TRAINING  PROGRAM.
ADDITIONALLY  IT  MUST BE DEMONSTRATED THAT THE PROGRAM HAS MADE SIGNIF-
ICANT EFFORTS TO ATTRACT AND RETAIN MINORITY APPRENTICES, AS  DETERMINED
BY AFFIRMATIVE ACTION GOALS ESTABLISHED FOR SUCH PROGRAMS BY THE DEPART-
MENT OF LABOR.
  S  3. The state finance law is amended by adding a new section 99-v to
read as follows:
  S 99-V. REAL PROPERTY TAX REDUCTION ACCOUNT. 1. THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE COMPTROLLER AN ACCOUNT TO BE KNOWN  AS  THE
"REAL PROPERTY TAX REDUCTION ACCOUNT."
  2.  SUCH  ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO FROM THE
STATE REVENUE FUND CREATED PURSUANT TO SECTION THIRTEEN HUNDRED  SIX  OF
THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
  3.  ALL PAYMENT OF MONEYS FROM THE REAL PROPERTY TAX REDUCTION ACCOUNT
SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
  4. SUCH MONIES SHALL BE DEVOTED TWENTY PERCENT TO THE  HOST  COMMUNITY
AS DETERMINED BY THE STATE GAMING COMMISSION AND EIGHTY PERCENT TO COUN-
TIES ACROSS THE STATE.
  S  4. The state finance law is amended by adding a new section 99-w to
read as follows:
  S 99-W. BELMONT REVITALIZATION ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
IN THE CUSTODY OF THE STATE COMPTROLLER AN ACCOUNT TO BE  KNOWN  AS  THE
"BELMONT REVITALIZATION ACCOUNT."
  2. SUCH ACCOUNT SHALL CONSIST OF ALL AMOUNTS PAYABLE UNDER SUBDIVISION
TWO  OF SECTION THIRTEEN HUNDRED THREE OF THE RACING, PARI-MUTUEL WAGER-
ING AND BREEDING LAW.

S. 5586                            11

  3. THE FUNDS IN THE ACCOUNT SHALL BE UTILIZED AS DETERMINED BY  RESOL-
UTION  OF  A BOARD COMPRISED OF THE MAJORITY LEADER OF THE NASSAU COUNTY
LEGISLATURE, OR HIS OR HER DESIGNEE, THE MINORITY LEADER OF  THE  NASSAU
COUNTY  LEGISLATURE, OR HIS OR HER DESIGNEE, AND THE COUNTY EXECUTIVE OF
THE COUNTY OF NASSAU, OR HIS OR HER DESIGNEE.
  4.  ALL  PAYMENTS  OF  MONEYS  FROM THE BELMONT REVITALIZATION ACCOUNT
SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
  5. SUCH RESOLUTION SHALL SPECIFY  THE  PROPOSED  ECONOMIC  DEVELOPMENT
PURPOSE OF THE FUNDS, WHICH MAY BE UTILIZED FOR THE ECONOMIC REVITALIZA-
TION  OF  NASSAU COUNTY, ASSOCIATED WITH THE HIGHEST AND BEST USE OF THE
BELMONT RACETRACK, ANCILLARY PROPERTIES, AND  THE  SURROUNDING  COMMUNI-
TIES. PERMISSIBLE EXPENDITURES MAY BE FOR CAPITAL CONSTRUCTION COSTS, OR
LOCAL AID IN SUPPORT OF A PLAN OF DEVELOPMENT LOCATED WITHIN THE COUNTY.
  S  5. The tax law is amended by adding a new section 1617-c to read as
follows:
  S 1617-C. EXPANSION OF VIDEO LOTTERY TERMINALS. NOT  LATER  THAN  JULY
FIRST,  TWO  THOUSAND  FOURTEEN,  THE  COMMISSION SHALL ISSUE AN INTERIM
REPORT AND BY DECEMBER FIRST,  TWO  THOUSAND  FOURTEEN  A  FINAL  REPORT
RECOMMENDING  WHETHER  OR NOT VIDEO LOTTERY TERMINALS SHOULD BE EXPANDED
WITHIN THE STATE. PARTICULAR CONSIDERATION SHOULD BE GIVEN TO THE IMPACT
OF SUCH AN EXPANSION BASED ON POTENTIAL  LOCATIONS  OF  CASINO  GAMBLING
FACILITIES  WITH  RESPECT TO EXISTING VIDEO LOTTERY GAMING OPERATIONS AS
WELL AS AT SITES NOT AUTHORIZED TO HAVE CASINO GAMBLING  FACILITIES  AND
MAKING A RECOMMENDATION TO THE LEGISLATURE ON LEVELS OF TAXATION ASSOCI-
ATED  WITH  VIDEO  LOTTERY  TERMINALS AT EXISTING AND PROPOSED NEW VIDEO
LOTTERY GAMING FACILITIES.
  S 6. Subdivision a of section 1617-a of the tax  law,  as  amended  by
section  2  of part O-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
  a. The division of the lottery is hereby authorized to license, pursu-
ant to rules and regulations to be promulgated by the  division  of  the
lottery,  the  operation of video lottery gaming at (1) Aqueduct, Monti-
cello, Yonkers, Finger Lakes, and Vernon Downs  racetracks,  or  at  any
other  racetrack licensed pursuant to article three of the racing, pari-
mutuel wagering and breeding law that are located in a county  or  coun-
ties in which video lottery gaming has been authorized pursuant to local
law,  excluding  the  licensed racetrack commonly referred to in article
three of the racing, pari-mutuel wagering and breeding law as  the  "New
York state exposition" held in Onondaga county and the racetracks of the
non-profit  racing  association  known as Belmont Park racetrack and the
Saratoga thoroughbred racetrack;  AND  (2)  AT  ONE  REGIONAL  OFF-TRACK
BETTING  CORPORATION  FACILITY LICENSED PURSUANT TO SECTION ONE THOUSAND
EIGHT OR ONE THOUSAND NINE  OF  THE  RACING,  PARI-MUTUEL  WAGERING  AND
BREEDING  LAW WITHIN ANY REGIONAL CORPORATION DEFINED IN ARTICLE FIVE OF
THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN WHICH  NO  PARTIC-
IPATING  COUNTY CONTAINS EITHER A THOROUGHBRED OR STANDARDBRED RACETRACK
LICENSED TO OPERATE VIDEO LOTTERY GAMING BY THE STATE GAMING COMMISSION.
THE REGIONAL CORPORATION SHALL BE DEEMED A  "VENDOR"  FOR  ALL  PURPOSES
UNDER  THIS  ARTICLE.    Such  rules and regulations shall provide, as a
condition of licensure, that racetracks to be licensed are certified  to
be  in  compliance  with all state and local fire and safety codes, that
the division is afforded adequate space, infrastructure,  and  amenities
consistent  with  industry standards for such video gaming operations as
found at racetracks in other states, that racetrack  employees  involved
in  the  operation  of video lottery gaming pursuant to this section are
licensed by the racing and wagering board,  and  such  other  terms  and

S. 5586                            12

conditions  of  licensure as the division may establish. Notwithstanding
any inconsistent provision of law, video lottery gaming at  a  racetrack
pursuant  to  this section shall be deemed an approved activity for such
racetrack  under the relevant city, county, town, or village land use or
zoning ordinances, rules, or regulations.  No  entity  licensed  by  the
division  operating  video  lottery  gaming pursuant to this section may
house such gaming activity in a structure  deemed  or  approved  by  the
division  as  "temporary" for a duration of longer than eighteen-months.
Nothing in this section shall prohibit the division  from  licensing  an
entity  to  operate  video  lottery  gaming  at an existing racetrack as
authorized in this subdivision whether or  not  a  different  entity  is
licensed  to conduct horse racing and pari-mutuel wagering at such race-
track pursuant to article two or three of the racing, pari-mutuel wager-
ing and breeding law.
  The division, in consultation with the  [racing  and  wagering  board]
STATE  GAMING  COMMISSION, shall establish standards for approval of the
temporary and permanent physical layout and construction of any facility
or building devoted to a video lottery gaming  operation.  In  reviewing
such  application  for  the construction or reconstruction of facilities
related or devoted to the operation or housing of video  lottery  gaming
operations,  the  division, in consultation with the racing and wagering
board, shall ensure that such facility:
  (1) possesses superior consumer amenities and conveniences to  encour-
age and attract the patronage of tourists and other visitors from across
the region, state, and nation.
  (2)  has  adequate  motor vehicle parking facilities to satisfy patron
requirements.
  (3) has a physical layout and location that facilitates access to  and
from the horse racing track portion of such facility to encourage patro-
nage of live horse racing events that are conducted at such track.
  S  7.  Paragraphs  (b)  and (c) of subdivision 1 of section 169 of the
executive law, as amended by section 9 of part A of chapter  60  of  the
laws of 2012, are amended to read as follows:
  (b)  commissioner  of  labor,  chairman  of public service commission,
commissioner  of  taxation  and  finance,  superintendent  of  financial
services,  commissioner of criminal justice services, [and] commissioner
of parks, recreation and historic preservation AND CHAIR OF  THE  GAMING
COMMISSION;
  (c)  commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services,  adjutant  general,  commissioner  and
president  of  state  civil service commission, commissioner of economic
development, chair of the energy  research  and  development  authority,
president  of  higher  education  services  corporation, commissioner of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, commissioner of alcoholism and
substance abuse services, executive  director  of  the  housing  finance
agency,  commissioner of housing and community renewal, executive direc-
tor of state insurance fund, commissioner-chair of state liquor authori-
ty, chair of the workers' compensation board AND  COMMISSIONERS  OF  THE
GAMING COMMISSION;
  S 8. Subdivisions 3, 4 and 5 of section 102 of the racing, pari-mutuel
wagering and breeding law, as added by section 1 of part A of chapter 60
of the laws of 2012, are amended to read as follows:
  3.  A  member  shall  be  designated as chair of the commission by the
governor to serve in such capacity at the pleasure of  the  governor  or
until  his  or  her  term  as commission member expires, whichever first

S. 5586                            13

occurs. The members shall be appointed for terms of [five]  NINE  years;
provided,  however, that initial appointments to the commission shall be
for terms as follows:
  (a)  one  member appointed by the governor shall serve for a [one] SIX
year term, one member appointed by the governor shall serve for a  [two]
SEVEN  year term, one member appointed by the governor shall serve for a
[three] EIGHT year term, [one  member]  TWO  MEMBERS  appointed  by  the
governor  shall  EACH  serve  for  a  [four] NINE year term, [one member
appointed by the governor shall serve for a five year term]; and
  (b) each of the members appointed by the governor upon the recommenda-
tion of the temporary president of the senate and upon  the  recommenda-
tion  of  the speaker of the assembly shall serve for a [four] NINE year
term.
  4. The members shall[, when performing the work of the commission,  be
compensated at a rate of three hundred dollars per day, together with an
allowance]  BE  REIMBURSED for actual and necessary expenses incurred in
the discharge of their duties FOR TRAVEL AND OTHER EXPENSES.
  5. The members of the commission shall not  hold  any  other  [public]
office  or  [public]  employment  for  which  they shall receive compen-
sation[, other than necessary travel or other expenses incurred  in  the
performance  of  the  duties  of  such office or employment. Members may
engage in private employment or in a profession or  business,  provided,
however,  such  employment  does  not  interfere  or  conflict  with the
performance or proper discharge of his or her duties].
  S 9. This act shall take effect immediately; provided that section six
of this act shall take effect on the first of  January  next  succeeding
the  date  on  which  it  shall have become a law provided, however that
section six of this act shall not take effect until gambling  facilities
are  authorized  by amendment to subdivision 1 of section 9 of article 1
of the state constitution;  and  provided,  further,  that  any  license
issued under article 13 of the racing, pari-mutuel wagering and breeding
law,  as  added  by section one of this act, shall not take effect until
gambling facilities are authorized by  amendment  to  subdivision  1  of
section 9 of article 1 of the state constitution.