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

                                   886

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law, in relation to rules and regulations neces-
  sary for the implementation of video lottery gaming

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

  Section  1.  Subdivisions b, c and d of section 1617-a of the tax law,
subdivision b as amended by chapter 137 of the laws of 2014 and subdivi-
sions c and d as amended by section 2 of part Z3 of chapter  62  of  the
laws of 2003, are amended to read as follows:
  b.  Video  lottery  gaming shall [only] be permitted for [no more than
twenty consecutive hours per day and on no day shall such  operation  be
conducted  past 6:00 a.m.] A VENDOR TRACK HAVING FEWER THAN ONE THOUSAND
FIVE HUNDRED SEVENTY-FIVE VIDEO GAMING MACHINES  OPERATED  DAILY  FOR  A
MAXIMUM  OF ONE HUNDRED TWENTY-EIGHT HOURS PER WEEK AND A MINIMUM OF ONE
HUNDRED TWELVE HOURS PER WEEK, AND FOR A VENDOR TRACK HAVING  ONE  THOU-
SAND  FIVE  HUNDRED  SEVENTY-FIVE OR MORE VIDEO GAMING MACHINES OPERATED
DAILY FOR A MAXIMUM OF ONE HUNDRED FORTY HOURS PER WEEK AND A MINIMUM OF
ONE HUNDRED TWELVE HOURS PER WEEK, WITH THE ACTUAL DAILY HOURS OF OPERA-
TION SET BY EACH VENDOR TRACK AND APPROVED BY THE DIRECTOR.
  c. The division shall promulgate such rules and regulations as may  be
necessary  for  the implementation of video lottery gaming in accordance
with the provisions of this section [and paragraph five of subdivision a
of section sixteen hundred twelve of this article]. SUCH RULES AND REGU-
LATIONS SHALL PROVIDE FOR, BUT NOT BE LIMITED TO, AUTHORIZATION OF VIDEO
LOTTERY VERSIONS OF ANY ELECTRONIC  TABLE  GAME  CAPABLE  OF  GENERATING
RANDOM RESULTS SUCH AS ROULETTE, BACCARAT, POKER AND "TWENTY-ONE".
  d.  THE  DIVISION, IN CONSULTATION WITH THE RACING AND WAGERING BOARD,
SHALL ENSURE THAT:
  (1) ALL ENTITIES LICENSED BY THE DIVISION  TO  OPERATE  VIDEO  LOTTERY
GAMING  HAVE  ENTERED  INTO A LABOR PEACE AGREEMENT, AS SET FORTH BELOW,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05387-01-5
              

A. 886                              2

WITH EACH LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT VIDEO LOTTERY AND HOSPITALITY  INDUSTRY  WORKERS
IN THE STATE;
  (2) THE LABOR PEACE AGREEMENT IS VALID AND ENFORCEABLE UNDER 29 U.S.C.
SECTION 185;
  (3) THE LABOR PEACE AGREEMENT PROTECTS THE STATE'S REVENUES BY PROHIB-
ITING THE LABOR ORGANIZATION AND ITS MEMBERS FROM ENGAGING IN PICKETING,
WORK  STOPPAGES,  BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE WITH THE
OPERATION OF THE VIDEO LOTTERY FACILITY; AND
  (4) IF A RACETRACK FACILITY EXISTING AS OF THE EFFECTIVE DATE  OF  THE
CHAPTER  OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED THIS SUBDIVI-
SION ADDS VIDEO LOTTERY ELECTRONIC TABLE GAMES AND  SUCH  VIDEO  LOTTERY
ELECTRONIC  TABLE  GAMES,  IN  THE  SOLE DISCRETION OF THE VIDEO LOTTERY
AGENT, ARE OPERATED BY AN ATTENDANT OR A DEALER, SUCH LABOR PEACE AGREE-
MENT NEED ONLY APPLY TO SUCH ATTENDANTS AND DEALERS OF ELECTRONIC  TABLE
GAMES AT SUCH FACILITY, WHETHER OR NOT SUCH VIDEO LOTTERY OPERATIONS ARE
CONDUCTED BY A LESSEE OR TENANT OR UNDER A MANAGEMENT AGREEMENT. FOR ALL
OTHER FACILITIES, THE LABOR PEACE AGREEMENT APPLIES TO ALL OPERATIONS AT
A  FACILITY  WITH  VIDEO LOTTERY CAPABILITIES, WHETHER OR NOT SUCH OPER-
ATIONS ARE CONDUCTED BY A LESSEE OR TENANT OR UNDER A MANAGEMENT  AGREE-
MENT.  THE  FOREGOING  LABOR  PEACE  PROVISIONS  SHALL  NOT APPLY TO THE
BUFFALO RACEWAY/FAIRGROUNDS IN ERIE COUNTY.
  D-1. All workers engaged in the construction, reconstruction, develop-
ment, rehabilitation, or maintenance of any area for the purpose of  the
installation,  maintenance,  or removal of video lottery terminals shall
be subject to the provisions of articles eight and nine of the labor law
to the extent provided in such articles.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.