STATE OF NEW YORK
________________________________________________________________________
4236
2013-2014 Regular Sessions
IN ASSEMBLY
February 1, 2013
___________
Introduced by M. of A. PRETLOW, HEASTIE, STEVENSON, V. LOPEZ, COOK,
BOYLAND, WEPRIN, KELLNER, PERRY, DINOWITZ, CAMARA, RODRIGUEZ, ROBIN-
SON, SCARBOROUGH, ORTIZ, TITONE, COLTON, MARKEY, ESPINAL -- Multi-
Sponsored by -- M. of A. BROOK-KRASNY, CLARK, CRESPO, CUSICK, GIBSON,
JACOBS, MALLIOTAKIS -- read once and referred to the Committee on
Racing and Wagering
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
relating to disposition of revenues
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 519 of the racing, pari-mutuel
2 wagering and breeding law, paragraph e as amended by chapter 260 of the
3 laws of 1987 and paragraphs f, g and h as amended by chapter 125 of the
4 laws of 1997, is amended to read as follows:
5 1. "Region." One or more of the following named regions comprised of
6 the counties indicated:
7 a. Suffolk: Suffolk county;
8 b. Nassau: Nassau county;
9 c. [New York city: the five counties comprising the city of New York;
10 d.] Catskill: Broome, Chemung, Chenango, Delaware, Orange, Rockland,
11 Sullivan, Tioga, Dutchess, Tompkins, Westchester, Putnam [and], Ulster,
12 Richmond, Queens, Kings, Bronx and New York counties;
13 [e.] d. Capital District: Albany, Clinton, Columbia, Cortland, Essex,
14 Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei-
15 da, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence,
16 Warren and Washington counties;
17 [f.] e. Central: Lewis and Onondaga counties;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07676-01-3
A. 4236 2
1 [g.] f. Western: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie,
2 Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe-
3 go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties;
4 [h.] g. Notwithstanding the other provisions of this subdivision, when
5 and if the Central regional off-track betting corporation is estab-
6 lished, it shall include, in addition to the counties listed in para-
7 graph [f] e, the following: Cayuga, Chenango, Cortland, Franklin,
8 Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins coun-
9 ties.
10 § 2. The racing, pari-mutuel wagering and breeding law is amended by
11 adding three new sections 517-a, 517-b and 517-c to read as follows:
12 § 517-a. Catskill off-track betting corporation site selection board.
13 1. The purchase or lease of any property to be used in whole or in part
14 as an off-track betting facility by the Catskill off-track betting
15 corporation in the city of New York, shall be conditioned on the
16 approval of the site selection board. For purposes of this section, the
17 site selection board shall be composed of: the chief executive officer
18 of the urban development corporation; a designee of the mayor of the
19 city of New York; with respect to a branch office located wholly or
20 partly within a borough of the city, the president or presidents of the
21 borough or boroughs, or the president's designee, in which the proposed
22 site is located; the chair of the community board, or the chair's desig-
23 nee, representing the neighborhood in which the proposed site is
24 located; and the comptroller of the city of New York, or the comp-
25 troller's designee.
26 2. The site selection board, as defined in this section shall operate
27 pursuant to the following procedures:
28 a. Every act of the board shall be by resolution adopted by a majority
29 of the votes cast by all the members. No resolution shall be adopted
30 except after a public hearing, notice of which shall be published in the
31 state register for six consecutive business days and in a newspaper of
32 general circulation in the city for two consecutive business days imme-
33 diately preceding said hearing.
34 b. Meetings of the site selection board shall be called either: (i)
35 as directed by the board upon notice thereof published in the state
36 register for six consecutive business days and in a newspaper of general
37 circulation in the city for two consecutive business days; or
38 (ii) upon written notice to the board by the president of Catskill
39 off-track betting corporation that a site for an off-track betting
40 branch office is under consideration by Catskill off-track betting
41 corporation for lease or acquisition. A copy of such written notice
42 shall be published in the state register for six consecutive business
43 days and in a newspaper of general circulation in the city for two
44 consecutive business days. All meetings of the board shall be within
45 seven consecutive business days of the date on which notice of said
46 meetings is first printed in the state register for six consecutive
47 business days and in a newspaper of general circulation in the city for
48 two consecutive business days.
49 c. The site selection board shall have power and authority to adopt
50 and amend rules and regulations for the conduct of its business and to
51 carry out its powers and duties; provided, however, that the board shall
52 adopt rules which require board action on a proposed site within thirty
53 days of the board's public hearing provided for herein and that by its
54 failure to act within thirty days the board shall be deemed to have
55 approved the site.
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1 3. For proposed sites that had been approved prior to December sixth,
2 two thousand ten, the president of Catskill off-track betting corpo-
3 ration shall provide written notice to the site selection board that
4 such site is under consideration by Catskill off-track betting corpo-
5 ration for lease or acquisition. If the board fails to act within thirty
6 days of receiving such written notice from the president of Catskill
7 off-track betting corporation, the board shall be deemed to have
8 approved the site. Notwithstanding any inconsistent provisions of this
9 section, no public notice or public hearing shall be required prior to
10 the site selection board's consideration of a site that had been
11 approved prior to December sixth, two thousand ten.
12 § 517-b. Catskill off-track betting corporation: collective bargain-
13 ing. Notwithstanding any other provisions of law, to the extent that
14 Catskill off-track betting corporation opens facilities within the five
15 boroughs of the city of New York to engage in off-track betting or the
16 support thereof, such region shall recognize the collective bargaining
17 representatives of the employees of the New York city off-track betting
18 corporation as of December sixth, two thousand ten, and shall abide by
19 agreements negotiated between such representatives and Catskill off-
20 track betting corporation. Nothing contained in this section shall be
21 construed to diminish the rights of employees pursuant to paragraph (e)
22 of subdivision one of section two hundred nine-a of the civil service
23 law.
24 § 517-c. Catskill off-track betting corporation: business plan. The
25 Catskill off-track betting corporation shall submit for approval to the
26 racing and wagering board, or its successor, a business plan, including
27 but not limited to, outlining investments, projected operating costs,
28 projected revenues, projected locations (both bars and real-property
29 that would need to be acquired), projected employment needs, projected
30 contracts for services or other third parties, projected forms of pari-
31 mutuel wagering at each location, as well as other details the racing
32 and wagering board, or its successor, deems relevant to determine the
33 success of Catskill off-track betting corporation accepting bets within
34 the five boroughs in New York city.
35 Prior to final approval, the board, or it successor, is authorized to
36 require amendments and clarifications to the plan to ensure that the
37 plan is financially feasible; the labor agreements are honored; and that
38 the interests of the betting public are considered. Catskill off-track
39 betting corporation shall not be authorized to implement any part of
40 such plan until the racing and wagering board, or its successor,
41 approves of such plan. The racing and wagering board, or its successor,
42 shall act on the Catskill off-track betting corporation's plan as soon
43 as practical but no later than thirty days after the plan has been fully
44 submitted to the board, or its successor.
45 § 3. Subdivision 7 of section 532 of the racing, pari-mutuel wagering
46 and breeding law is REPEALED.
47 § 4. Notwithstanding any inconsistent provision of this chapter, any
48 payments that the Catskill off-track betting corporation would otherwise
49 make to the counties of Richmond, Queens, Kings, Bronx and New York
50 pursuant to the racing, pari-mutuel wagering and breeding law shall be
51 payable to the general fund of the city of New York.
52 § 5. Notwithstanding any other provision of law or regulation to the
53 contrary, two and one-half million dollars in Catskill off-track betting
54 corporation's capital acquisition fund established pursuant to section
55 509-a of the racing, pari-mutuel wagering and breeding law shall be
A. 4236 4
1 available to Catskill off-track betting corporation for any corporate
2 purpose.
3 If Catskill off-track betting corporation chooses to utilize up to two
4 and one-half million dollars in its capital acquisition fund for corpo-
5 rate purposes, it shall do so by providing written notification to the
6 racing and wagering board, or its successor, at least fifteen days in
7 advance of its decision to utilize monies for corporate purposes. During
8 such time that Catskill off-track betting corporation uses its monies
9 for corporate purposes, it shall not be authorized to impose the supple-
10 mental one per centum surcharge established by subdivision 3-a of
11 section 532 of the racing, pari-mutuel wagering and breeding law.
12 Catskill off-track betting corporation may use its monies for corpo-
13 rate purposes until the two and one-half million dollars authorized by
14 this section have been exhausted or until such time that the corporation
15 elects to discontinue such corporate use and has notified the racing and
16 wagering board, or its successor, in writing of its decision. The
17 supplemental one per centum surcharge established by subdivision 3-a of
18 section 532 of the racing, pari-mutuel wagering and breeding law shall
19 only be reinstated one year following: (i) Catskill off-track betting
20 corporation's written notification of discontinuance to the racing and
21 wagering board, or its successor; or (ii) one year following exhaustion
22 of the two and one-half million dollars authorized by this section. Once
23 the supplemental surcharge has been reimposed, the capital acquisition
24 fund shall only be used for the purposes enumerated within section 509-a
25 of the racing, pari-mutuel wagering and breeding law.
26 § 6. This act shall take effect immediately.
