STATE OF NEW YORK
________________________________________________________________________
3527
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to expanding off-track betting to include the five counties
comprising the city of New York; and to repeal certain provisions of
such law relating thereto
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;
18 [g.] f. Western: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie,
19 Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe-
20 go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties;
21 [h.] g. Notwithstanding the other provisions of this subdivision, when
22 and if the Central regional off-track betting corporation is estab-
23 lished, it shall include, in addition to the counties listed in para-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08661-02-3
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1 graph [f] e, the following: Cayuga, Chenango, Cortland, Franklin,
2 Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and Tompkins coun-
3 ties.
4 § 2. The racing, pari-mutuel wagering and breeding law is amended by
5 adding two new sections 517-a and 517-b to read as follows:
6 § 517-a. Catskill off-track betting corporation site selection board.
7 1. The purchase or lease of any property to be used in whole or in part
8 as an off-track betting facility by the Catskill off-track betting
9 corporation in the city of New York, shall be conditioned on the
10 approval of the site selection board. For purposes of this section, the
11 site selection board shall be composed of: the chief executive officer
12 of the economic development corporation; a designee of the mayor of the
13 city of New York; with respect to a branch office located wholly or
14 partly within a borough of the city, the president or presidents of the
15 borough or boroughs, or the president's designee, in which the proposed
16 site is located; the chair of the community board, or the chair's desig-
17 nee, representing the neighborhood in which the proposed site is
18 located; and the comptroller of the city of New York, or the comp-
19 troller's designee.
20 2. The site selection board, as established in this section shall
21 operate pursuant to the following procedures:
22 a. Every act of the board shall be by resolution adopted by a majority
23 of the votes cast by all the members. No resolution shall be adopted
24 except after a public hearing, notice of which shall be published in the
25 state register for six consecutive business days and in a newspaper of
26 general circulation in the city for two consecutive business days imme-
27 diately preceding said hearing.
28 b. Meetings of the site selection board shall be called either:
29 (i) as directed by the board upon notice thereof published in the
30 state register for six consecutive business days and in a newspaper of
31 general circulation in the city for two consecutive business days; or
32 (ii) upon written notice to the board by the president of Catskill
33 off-track betting corporation that a site for an off-track betting
34 branch office is under consideration by Catskill off-track betting
35 corporation for lease or acquisition. A copy of such written notice
36 shall be published in the state register for six consecutive business
37 days and in a newspaper of general circulation in the city for two
38 consecutive business days. All meetings of the board shall be within
39 seven consecutive business days of the date on which notice of said
40 meetings is first printed in the state register for six consecutive
41 business days and in a newspaper of general circulation in the city for
42 two consecutive business days.
43 c. The site selection board shall have power and authority to adopt
44 and amend rules and regulations for the conduct of its business and to
45 carry out its powers and duties; provided, however, that the board shall
46 adopt rules which require board action on a proposed site within thirty
47 days of the board's public hearing provided for herein and that by its
48 failure to act within thirty days the board shall be deemed to have
49 approved the site.
50 3. For proposed sites that had been approved prior to December sixth,
51 two thousand ten, the president of Catskill off-track betting corpo-
52 ration shall provide written notice to the site selection board that
53 such site is under consideration by Catskill off-track betting corpo-
54 ration for lease or acquisition. If the board fails to act within thirty
55 days of receiving such written notice from the president of Catskill
56 off-track betting corporation, the board shall be deemed to have
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1 approved the site. Notwithstanding any inconsistent provisions of this
2 section, no public notice or public hearing shall be required prior to
3 the site selection board's consideration of a site that had been
4 approved prior to December sixth, two thousand ten.
5 § 517-b. Catskill off-track betting corporation: business plan. The
6 Catskill off-track betting corporation shall submit for approval to the
7 New York state gaming commission, or its successor, a business plan,
8 including but not limited to, outlining investments, projected operating
9 costs, projected revenues, projected locations including both bars and
10 real-property that would need to be acquired, projected employment
11 needs, projected contracts for services or other third parties, project-
12 ed forms of pari-mutuel wagering at each location, as well as other
13 details deemed to be relevant to determine the success of Catskill off-
14 track betting corporation conducting business as authorized within the
15 five boroughs of New York city.
16 Prior to final approval, the board, or its successor, is authorized to
17 require amendments and clarifications to the plan to ensure that such
18 plan is financially feasible; the labor agreements are honored; and that
19 the interests of the betting public are considered. Catskill off-track
20 betting corporation shall not be authorized to implement any part of
21 such plan until the racing and wagering board, or its successor,
22 approves of such plan, which shall not be unreasonably withheld. The New
23 York state gaming commission, or its successor, shall act on the Cats-
24 kill off-track betting corporation's plan as soon as practicable but no
25 later than thirty days after the plan has been fully submitted to the
26 board, or its successor.
27 § 3. Subdivision 7 of section 532 of the racing, pari-mutuel wagering
28 and breeding law is REPEALED.
29 § 4. Notwithstanding any inconsistent provision of this act, payments
30 that the Catskill off-track betting corporation would otherwise make to
31 the counties of Richmond, Queens, Kings, Bronx and New York pursuant to
32 the racing, pari-mutuel wagering and breeding law shall be payable to
33 the general fund of the city of New York.
34 § 5. This act shall take effect immediately.
