Vote NO on Casinos etc and take your money to NJ. The Port Authority should reduce its tolls but it to builds edifices with little practical use instead of railroads. Rome is going to hell.
S05586 Summary:
BILL NO S05586 SAME AS No same as SPONSOR BONACIC COSPNSR MLTSPNSR Add Art 13 SS1301 - 1307, amd SS109-a & 102, RWB L; add SS99-v & 99-w, St Fin L; add S1617-c, amd S1617-a, Tax L; amd S169, Exec L Provides for the legislative authorization for up to seven licenses for casino gambling facilities to be regulated by the state gaming commission; establishes funds within the state finance law; relates to the expansion of video lottery terminals and allows OTB corporations to host video lottery terminals; relates to terms of office and salaries of members of the state gaming commission.Go to top
S05586 Actions:
BILL NO S05586 05/23/2013 REFERRED TO RACING, GAMING AND WAGERINGGo to top
S05586 Votes:
There are no votes for this bill in this legislative session.Go to top
S05586 Memo:
Memo not availableGo to top
S05586 Text:
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: 1 Section 1. The racing, pari-mutuel wagering and breeding law is 2 amended by adding a new article 13 to read as follows: 3 ARTICLE 13 4 CASINO GAMBLING 5 SECTION 1301. STATEMENT OF PURPOSE. 6 1302. ISSUANCE OF LICENSES FOR CASINO GAMBLING FACILITIES. 7 1303. LICENSES FOR CASINO GAMBLING FACILITIES. 8 1304. GENERAL CONDITIONS OF CASINO GAMBLING LICENSES. 9 1305. DECISIONS REVIEWABLE. 10 1306. STATE REVENUE FUND. 11 1307. ENHANCEMENT OF PURSES AND BREEDING. 12 S 1301. STATEMENT OF PURPOSE. THIS ARTICLE IS INTENDED TO PROVIDE THE 13 LEGISLATIVE AUTHORIZATION FOR THE ISSUANCE OF UP TO SEVEN LICENSES FOR 14 CASINO GAMBLING FACILITIES WHICH IS HEREBY LEGALIZED AS REGULATED BY THE 15 STATE GAMING COMMISSION UPON THE APPROVAL OF AN AMENDMENT TO THE CONSTI- 16 TUTION AUTHORIZING UP TO SEVEN CASINO GAMBLING FACILITIES. LABOR PEACE 17 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 1 SECTION ONE HUNDRED NINE-A OF THIS CHAPTER, SHALL BE REQUIRED AS IF SUCH 2 FACILITY WERE A "GAMING FACILITY" AS DEFINED BY SUCH SECTION ONE HUNDRED 3 NINE-A. THE COMMISSION SHALL UTILIZE ITS BEST, INDEPENDENT JUDGMENT IN 4 AWARDING ANY LICENSE AUTHORIZED HEREIN AND SHALL ENDEAVOR TO CREATE THE 5 MAXIMUM PUBLIC BENEFIT IN TERMS OF QUALITY JOB CREATION, AS REASONABLY 6 DETERMINED BY THE COMMISSION, IN AREAS SUFFERING FROM UNEMPLOYMENT AND 7 UNDEREMPLOYMENT. 8 S 1302. ISSUANCE OF LICENSES FOR CASINO GAMBLING FACILITIES. 1. 9 LICENSES FOR CASINO GAMBLING FACILITIES SHALL BE ISSUED BY THE STATE 10 GAMING COMMISSION PURSUANT TO THIS ARTICLE. 11 2. PROHIBITION ON LICENSES IN EXCLUSIVITY ZONES. TO THE EXTENT THAT AN 12 INDIAN NATION OR TRIBE HAS A VALID COMPACT WITH THE STATE OF NEW YORK 13 WHICH PROVIDES FOR THE EXCLUSIVE RIGHT TO CONDUCT CLASS III GAMING 14 PURSUANT TO THE INDIAN GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ. 15 IN A GEOGRAPHIC AREA DEFINED IN SUCH COMPACT, NO LICENSE FOR A CASINO 16 GAMBLING FACILITY SHALL BE ISSUED UNDER THIS ARTICLE WITHIN ANY SUCH 17 EXCLUSIVITY ZONE. 18 3. PROCESS FOR ISSUING LICENSES. (A) THE FOLLOWING SEVEN LICENSES 19 SHALL BE ISSUED BY THE COMMISSION FOR FACILITIES OPERATING CASINO GAMBL- 20 ING. THE LICENSES SHALL BE ISSUED TO AN ELIGIBLE OPERATOR, SITING A 21 FACILITY IN THE FOLLOWING GEOGRAPHIC AREAS, AND SHALL ONLY BE ISSUED IN 22 THE ORDER PROVIDED BUT SHALL BE EFFECTIVE ON THE DATE CHOSEN BY THE 23 COMMISSION WITHIN THE PERIOD OF TIME PROVIDED AS THE LICENSE EFFECTIVE 24 DATE BELOW: 25 LICENSE REGION LICENSE EFFECTIVE 26 DATE 27 NUMBER 28 1 REGION 1, COMPRISED OF THE NO SOONER THAN JANUARY 1, 29 COUNTIES OF COLUMBIA, DELAWARE 2014 AND NO LATER THAN 30 GREENE, SULLIVAN, AND ULSTER JANUARY 1, 2015 31 2 REGION 2, COMPRISED OF THE NO SOONER THAN JULY 1, 201 32 COUNTIES OF BROOME, SENECA, AND NO LATER THAN JULY 1, 33 TIOGA, TOMPKINS, CHEMUNG, 2015 34 SCHUYLER, AND WAYNE COUNTIES, 35 EXCEPT ANY PORTIONS THEREOF 36 WHERE THERE EXISTS A COMPACT 37 WITH A NATIVE AMERICAN TRIBE OR 38 NATION LIMITING THE LOCATION OF 39 CASINO GAMBLING FACILITIES 40 THEREIN. 41 3 REGION 3, COMPRISED OF THE NO SOONER THAN JULY 1, 201 42 COUNTIES OF ALBANY, FULTON, AND NO LATER THAN JULY 1, 43 MONTGOMERY, RENSSELAER, 2015 44 SARATOGA, SCHENECTADY, 45 SCHOHARIE AND WASHINGTON 46 4 REGION 4, COMPRISED OF THE NO SOONER THAN JULY 1, 47 COUNTIES OF DELAWARE, 2015 AND NO LATER THAN 48 GREENE, SULLIVAN, AND ULSTER JULY 1, 2016 49 5 REGION 5, COMPRISED OF THE NO SOONER THAN JULY 1, 50 COUNTIES OF DELAWARE, GREENE, 2016 AND NO LATER THAN 51 SULLIVAN, ULSTER OR THE COUNTIES JULY 1, 2017 52 OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA, 53 ERIE, GENESEE, LIVINGSTON, MONROE, 54 NIAGARA, ORLEANS, AND WYOMING AND 55 THE PORTIONS OF THE COUNTIES OF CHEMUNG, 56 ONTARIO, SCHUYLER, WAYNE AND YATES S. 5586 3 1 WEST OF NEW YORK STATE ROUTE 14 WHERE 2 A CASINO GAMBLING FACILITY WAS 3 NOT PERMITTED AT ANY TIME DUE 4 TO AN EXCLUSIVITY AGREEMENT 5 OR COMPACT WITH A NATIVE AMERICAN 6 OR INDIAN NATION OR TRIBE 7 6 AND 7 QUEENS OR WESTCHESTER COUNTY OR ANY NO SOONER THAN JANUARY 8 LOCATION WHICH WAS WITHIN AN EXCLU- 1, 2019 AND NO LATER 9 SIVITY ZONE (AN AREA WHERE A CASINO THAN JANUARY 1, 2021 10 GAMBLING FACILITY WOULD NOT BE PER- 11 MITTED TO BE AUTHORIZED BY THE STATE 12 DUE TO AN AGREEMENT BETWEEN THE 13 STATE AND A NATIVE AMERICAN NATION 14 OR TRIBE), BUT WHICH IS NO LONGER 15 IN AN EXCLUSIVITY ZONE AS OF THE 16 DATE OF LICENSING SUCH CASINO GAM- 17 BLING FACILITY. 18 (B) EXTENSION OF TIME TO ISSUE LICENSE. THE COMMISSION SHALL AWARD THE 19 LICENSES IN THE ORDER LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION. 20 HOWEVER, IF THERE IS NO APPLICANT THAT THE COMMISSION DEEMS ELIGIBLE AT 21 THE TIME SUCH LICENSE IS EFFECTIVE, THEN THE COMMISSION MAY BY RESOL- 22 UTION EXTEND THE TIME PERIOD FOR THE ACCEPTANCE OF ADDITIONAL LICENSE 23 APPLICATIONS FOR UP TO ONE YEAR. IF A LICENSE IS NOT ISSUED, THE FAILURE 24 TO AWARD A LICENSE IN ANY REGION SHALL NOT DELAY THE ISSUANCE OF OTHER 25 LICENSES, PROVIDED, HOWEVER THAT NO SECOND LICENSE SHALL BE ISSUED UNTIL 26 THE FIRST LICENSE IS EFFECTIVE. 27 (C) WITHIN THIRTY DAYS AFTER THE DEADLINE HAS PASSED FOR THE 28 SUBMISSION OF APPLICATIONS, THE COMMISSION SHALL SCHEDULE A PUBLIC HEAR- 29 ING IN A COUNTY IN WHICH AN APPLICANT PROPOSES TO LOCATE A CASINO GAMBL- 30 ING FACILITY. THE PUBLIC HEARING SHALL ALLOW TESTIMONY BY THE GENERAL 31 PUBLIC, AND SHALL REQUIRE THE ATTENDANCE OF A REPRESENTATIVE OF THE 32 APPLICANT AND AT LEAST THREE MEMBERS OF THE COMMISSION. 33 (D) THE COMMISSION SHALL SELECT A CASINO GAMBLING FACILITY SITE 34 SELECTION BOARD. SUCH BOARD SHALL BE COMPRISED OF FIVE INDIVIDUALS 35 APPOINTED BY MAJORITY VOTE OF THE COMMISSION. BOARD MEMBERS SHALL HAVE 36 EXPERTISE IN THE FIELDS OF REAL ESTATE OR FINANCE OR BOTH. BOARD MEMBERS 37 SHALL TOGETHER BY MAJORITY VOTE APPOINT A FINANCIAL ADVISOR, WHICH SHALL 38 INDEPENDENTLY EVALUATE EACH APPLICATION FOR FISCAL INTEGRITY, IN AN 39 EFFORT TO MAXIMIZE REVENUE FOR THE STATE. THE FINANCIAL ADVISOR SHALL 40 RECEIVE COMPENSATION IN AN AMOUNT FIXED BY THE COMMISSION WITHIN THE 41 AMOUNTS APPROPRIATED THEREFORE. BOARD MEMBERS SHALL SERVE WITHOUT 42 COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR REASONABLE AND NECESSARY 43 EXPENSES. THE BOARD SHALL RECOMMEND, BY MAJORITY VOTE, AN APPLICANT FOR 44 EACH LICENSE BASED UPON THE CRITERIA SET FORTH IN THIS CHAPTER, AND 45 SHALL TRANSMIT SUCH RECOMMENDATION TO THE COMMISSION. THE BOARD SHALL 46 HAVE THE FULL ASSISTANCE OF THE COMMISSION IN ITS REVIEW AND INVESTI- 47 GATION OF THE APPLICATIONS. IN THE EVENT SUCH APPLICANT IS UNABLE TO BE 48 LICENSED, PURSUANT TO SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED THREE 49 OF THIS ARTICLE THE BOARD SHALL BE NOTICED TO RECOMMEND ANOTHER APPLI- 50 CANT FROM AMONG THE APPLICATIONS RECEIVED. UPON RECOMMENDATION OF THE 51 FINAL APPLICANT FOR THE SEVENTH LICENSE, SUCH BOARD SHALL BE DISSOLVED. 52 NOTHING SHALL PREVENT A SITE SELECTION COMMISSION FROM BEING ESTABLISHED 53 BY THE COMMISSION IN THE FUTURE IF FOR ANY REASON A LICENSE IS AVAILABLE 54 FOR SELECTION BY SUCH BOARD. 55 S 1303. LICENSES FOR CASINO GAMBLING FACILITIES. 1. (A) THE COMMISSION 56 SHALL ISSUE A REQUEST FOR APPLICATIONS FOR EACH OF THE SEVEN LICENSES. S. 5586 4 1 ALL REQUESTS FOR APPLICATIONS SHALL INCLUDE: (1) THE TIME AND DATE FOR 2 RECEIPT OF RESPONSES TO THE REQUEST FOR APPLICATIONS, THE MANNER THEY 3 ARE TO BE RECEIVED AND THE ADDRESS OF THE OFFICE TO WHICH THE APPLICA- 4 TIONS SHALL BE DELIVERED; (2) THE FORM OF THE APPLICATION AND THE METHOD 5 FOR SUBMISSION; (3) A GENERAL DESCRIPTION OF THE ANTICIPATED SCHEDULE 6 FOR PROCESSING THE APPLICATION; (4) THE CONTACT INFORMATION OF COMMIS- 7 SION EMPLOYEES RESPONSIBLE FOR HANDLING APPLICANT QUESTIONS; AND (5) ANY 8 OTHER INFORMATION THAT THE COMMISSION DETERMINES. 9 (B) REQUESTS FOR APPLICATIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI- 10 VISION SHALL BE ADVERTISED IN A MANNER CONSISTENT WITH A REQUEST FOR 11 PROPOSALS CONDUCTED PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE 12 STATE FINANCE LAW AND ON THE OFFICIAL INTERNET WEBSITE OF THE COMMIS- 13 SION. 14 (C) THE COMMISSION SHALL PRESCRIBE THE FORM OF THE APPLICATION FOR 15 CASINO GAMING LICENSES WHICH SHALL REQUIRE, BUT NOT BE LIMITED TO: 16 (1) THE NAME OF THE APPLICANT; 17 (2) THE MAILING ADDRESS AND, IF A CORPORATION, THE NAME OF THE STATE 18 UNDER THE LAWS OF WHICH IT IS INCORPORATED, THE LOCATION OF ITS PRINCI- 19 PAL PLACE OF BUSINESS AND THE NAMES AND ADDRESSES OF ITS DIRECTORS AND 20 MAJOR STOCKHOLDERS OR MEMBERS IN THE DISCRETION OF THE COMMISSION; 21 (3) THE IDENTITY OF EACH PERSON HAVING A DIRECT OR INDIRECT INTEREST 22 IN THE BUSINESS AND THE NATURE OF SUCH INTEREST; PROVIDED, HOWEVER, THAT 23 IF THE DISCLOSED ENTITY IS A TRUST, THE APPLICATION SHALL DISCLOSE THE 24 NAMES AND ADDRESSES OF ALL BENEFICIARIES; PROVIDED FURTHER, THAT IF THE 25 DISCLOSED ENTITY IS A PARTNERSHIP, THE APPLICATION SHALL DISCLOSE THE 26 NAMES AND ADDRESSES OF ALL PARTNERS, BOTH GENERAL AND LIMITED; AND 27 PROVIDED FURTHER, THAT IF THE DISCLOSED ENTITY IS A LIMITED LIABILITY 28 COMPANY, THE APPLICATION SHALL DISCLOSE THE NAMES AND ADDRESSES OF ALL 29 MEMBERS; 30 (4) AN INDEPENDENT AUDIT REPORT OF ALL FINANCIAL ACTIVITIES AND INTER- 31 ESTS OF THE APPLICANT INCLUDING, BUT NOT LIMITED TO, THE DISCLOSURE OF 32 ALL CONTRIBUTIONS, DONATIONS, LOANS OR ANY OTHER FINANCIAL TRANSACTIONS 33 TO OR FROM A GAMING ENTITY OR OPERATOR IN THE PAST FIVE YEARS; 34 (5) EVIDENCE OF FINANCIAL STABILITY INCLUDING, BUT NOT LIMITED TO, 35 BANK REFERENCES, BUSINESS AND PERSONAL INCOME OF MAJOR SHAREHOLDERS, 36 PARTNERS OR MEMBERS IN THE DISCRETION OF THE COMMISSION, AND DISBURSE- 37 MENT SCHEDULES, TAX RETURNS AND OTHER REPORTS FILED BY GOVERNMENT AGEN- 38 CIES AND BUSINESS AND PERSONAL ACCOUNTING CHECK RECORDS AND LEDGERS; 39 (6) DESIGNS FOR THE PROPOSED CASINO GAMBLING FACILITY, AND A TIMELINE 40 OF CONSTRUCTION THAT INCLUDES DETAILED STAGES OF CONSTRUCTION FOR THE 41 CASINO GAMBLING FACILITY, NON-GAMING STRUCTURES AND RACETRACK, WHERE 42 APPLICABLE; 43 (7) A DESCRIPTION OF THE ANCILLARY ENTERTAINMENT SERVICES AND NON-GAM- 44 ING AMENITIES TO BE PROVIDED AT THE PROPOSED CASINO GAMBLING FACILITY; 45 (8) THE MINIMUM NUMBER OF EMPLOYEES TO BE EMPLOYED AT THE PROPOSED 46 CASINO GAMBLING FACILITY; 47 (9) COMPLETED STUDIES AND REPORTS AS REQUIRED BY THE COMMISSION, WHICH 48 SHALL INCLUDE, BUT NOT BE LIMITED TO, AN EXAMINATION OF THE PROPOSED 49 CASINO GAMBLING FACILITY: 50 (I) ECONOMIC BENEFITS TO THE REGION AND THE STATE; 51 (II) LOCAL AND REGIONAL ENVIRONMENTAL, TRAFFIC AND INFRASTRUCTURE 52 IMPACTS; 53 (III) IMPACT ON THE LOCAL AND REGIONAL ECONOMY, INCLUDING THE IMPACT 54 ON CULTURAL INSTITUTIONS AND ON SMALL BUSINESSES IN THE HOST COMMUNITY 55 AND SURROUNDING COMMUNITIES; S. 5586 5 1 (IV) COST BENEFIT ANALYSIS OF THE PROJECT AS IT RELATES TO THE HOST 2 COMMUNITY AND IMMEDIATELY SURROUNDING COMMUNITIES AND THE STATE FOR THE 3 PROPOSED CASINO GAMBLING FACILITY TO BE LOCATED AT THE PROPOSED 4 LOCATION; AND 5 (V) THE ESTIMATED MUNICIPAL AND STATE TAX REVENUE TO BE GENERATED BY 6 THE CASINO GAMBLING FACILITY; 7 (10) THE TOTAL NEW INVESTMENT PROPOSED BY THE APPLICANT FOR THE 8 PROPOSED PROJECT AND THE CURRENT AMOUNT INVESTED IN THE PROPOSED SITE, 9 IF APPLICABLE; 10 (11) THE LOCATION OF THE PROPOSED CASINO GAMBLING FACILITY, WHICH 11 SHALL INCLUDE A STATEMENT THAT THE BIDDER OWNS, CONTROLS OR OTHERWISE 12 HAS RIGHTS SATISFACTORY TO THE COMMISSION TO OPERATE SUCH A FACILITY ON 13 THE PROPERTY NAMED; AND 14 (12) WITH RESPECT TO LICENSES ONE THROUGH FIVE A RESOLUTION ADOPTED BY 15 THE LOCAL GOVERNING BODY OF THE TOWN, VILLAGE OR MUNICIPALITY AND THE 16 COUNTY, EXPRESSING SUPPORT FOR A CASINO GAMBLING FACILITY. 17 (D) A PROPOSED LICENSING FEE TO BE PAID BY APPLICANT, PRIOR TO THE 18 EFFECTIVE DATE OF A LICENSE ISSUED BY THE COMMISSION TO OPERATE A CASINO 19 GAMBLING FACILITY. SUCH FEE SHALL BE NO LESS THAN A MINIMUM AMOUNT TO BE 20 PRESCRIBED BY THE COMMISSION FOR EACH COUNTY WHERE THE BIDDER PROPOSES A 21 BID FOR SUCH LICENSE. ANY MINIMUM LICENSING FEE REQUIREMENT SHALL BE 22 PROMULGATED NOT LATER THAN OCTOBER FIRST, TWO THOUSAND THIRTEEN. 23 (E) A PROPOSED TAX RATE BASED ON NET INCOME FOR SLOT MACHINES AND THE 24 NET INCOME OF TABLE GAMES (GAMES OTHER THAN SLOT MACHINES). SUCH 25 COMBINED AMOUNT SHALL BE THE GROSS GAMING REVENUE PAYMENT. THE COMMIS- 26 SION SHALL STUDY AND ISSUE TO THE LEGISLATURE A REPORT DETAILING THE 27 STATE AND LOCAL IMPACTS OF PROPOSED TAX RATES TO BE FIXED BY THE LEGIS- 28 LATURE. SUCH REPORT, INCLUDING A RECOMMENDED MINIMUM RATE, SHALL BE 29 ISSUED NO LATER THAN OCTOBER FIRST, TWO THOUSAND THIRTEEN. 30 (F) THE COMMISSION OR THE CASINO GAMBLING FACILITY SITE SELECTION 31 BOARD MAY, PRIOR TO ISSUING A LICENSE CONDUCT PERSONAL INTERVIEWS OF 32 REPRESENTATIVES OF BIDDERS AND REVIEW DOCUMENTS RELATED TO BIDDERS AND 33 SHALL HAVE THE COOPERATION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES 34 AND THE DEPARTMENT OF TAXATION AND FINANCE IN REVIEWING THE BACKGROUNDS 35 OF ENTITIES WHICH BID OR THE OFFICERS, DIRECTORS, SHAREHOLDERS, EXECU- 36 TIVES, OR MEMBERS THEREOF. 37 2. THE COMMISSION, UNLESS IT SHALL ISSUE A WRITTEN FINDING STATING ITS 38 REASONS FOR HOLDING OTHERWISE, SHALL HONOR THE RECOMMENDATIONS FOR THE 39 OPERATORS OF THE CASINO GAMBLING FACILITIES BY THE CASINO GAMBLING 40 FACILITY SITE SELECTION BOARD, PURSUANT TO THE STANDARDS ESTABLISHED BY 41 LAW AND MAY ENSURE THE OPERATOR IS OPERATING IN A MANNER WHICH COMPLIES 42 WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. THE COMMISSION SHALL 43 TAKE SUCH STEPS AS ARE NECESSARY TO ENSURE THAT THE OWNERS, DIRECTORS, 44 SHAREHOLDERS, OFFICERS, AND EMPLOYEES AND SUCH OTHER PERSONS ASSOCIATED 45 WITH THE LICENSEE AS THE COMMISSION DEEMS NECESSARY, ARE FREE OF PAST 46 CRIMINAL OR CIVIL CONDUCT WHICH WOULD IMPUGN THE INTEGRITY OR TRUSTWOR- 47 THINESS OF SUCH PERSONS. IN DETERMINING WHETHER AN APPLICANT SHALL 48 RECEIVE A CASINO GAMBLING LICENSE, THE CASINO GAMBLING FACILITY SITE 49 SELECTION BOARD SHALL EVALUATE WHETHER OR NOT AN APPLICANT MEETS THE 50 FOLLOWING CRITERIA: 51 (A) MAXIMIZING REVENUES RECEIVED BY THE STATE; 52 (B) REALIZING MAXIMUM CAPITAL INVESTMENT EXCLUSIVE OF LAND ACQUISITION 53 AND INFRASTRUCTURE IMPROVEMENTS; 54 (C) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT UTILIZES THE EXIST- 55 ING LABOR FORCE, INCLUDING THE ESTIMATED NUMBER OF CONSTRUCTION JOBS A 56 PROPOSED CASINO GAMBLING FACILITY WILL GENERATE, THE DEVELOPMENT OF S. 5586 6 1 WORKFORCE TRAINING PROGRAMS THAT SERVE THE UNEMPLOYED AND METHODS FOR 2 ACCESSING EMPLOYMENT AT THE CASINO GAMBLING FACILITY INCLUDING AGREE- 3 MENTS WITH COUNTY GOVERNMENTS IN ONE OR MORE COUNTIES FOUND TO HAVE HIGH 4 UNEMPLOYMENT RATES TO HIRE A PERCENTAGE OF EMPLOYEES FROM SUCH COUNTY; 5 (D) BUILDING A CASINO GAMBLING FACILITY OF HIGH CALIBER WITH A VARIETY 6 OF QUALITY NON-GAMING AMENITIES TO BE INCLUDED AS PART OF SUCH FACILITY; 7 (E) PROMOTING LOCAL BUSINESSES IN HOST AND SURROUNDING COMMUNITIES, 8 INCLUDING DEVELOPING CROSS-MARKETING STRATEGIES WITH LOCAL RESTAURANTS, 9 SMALL BUSINESSES, HOTELS, RETAIL OUTLETS, RACETRACKS, IF APPLICABLE, AND 10 IMPACTED LIVE ENTERTAINMENT VENUES; 11 (F) PROVIDING A HIGH NUMBER OF QUALITY JOBS IN THE CASINO GAMBLING 12 FACILITY; 13 (G) OFFERING THE HIGHEST AND BEST VALUE TO CREATE A SECURE AND ROBUST 14 GAMING MARKET IN THE REGION AND THE STATE; AND 15 (H) MITIGATION OF ADVERSE IMPACTS ON THE STATE RELATED TO PROBLEM 16 GAMBLING INCLUDING, BUT NOT LIMITED TO, TRAINING OF GAMING EMPLOYEES TO 17 IDENTIFY PATRONS EXHIBITING PROBLEMS WITH GAMBLING AND PREVENTION 18 PROGRAMS TARGETED TOWARD VULNERABLE POPULATIONS. 19 3. EXCEPT FOR THE COUNTY OF SULLIVAN, WHERE THERE MAY NOT BE MORE THAN 20 TWO SUCH LICENSES, THERE SHALL NOT BE MORE THAN ONE LICENSEE AUTHORIZED 21 TO OPERATE A CASINO GAMBLING FACILITY IN ANY COUNTY. 22 S 1304. GENERAL CONDITIONS OF LICENSES. 1. PERFORMANCE COLLATERAL. 23 (A) UPON AWARD OF A CASINO GAMBLING LICENSE BY THE COMMISSION, THE 24 APPLICANT SHALL BE REQUIRED TO DEPOSIT TEN PERCENT OF THE TOTAL INVEST- 25 MENT PROPOSED IN THE APPLICATION INTO AN INTEREST BEARING ACCOUNT. 26 MONIES RECEIVED FROM THE APPLICANT SHALL BE HELD IN ESCROW UNTIL THE 27 FINAL STAGE OF CONSTRUCTION, AS DETAILED IN THE TIMELINE OF CONSTRUCTION 28 SUBMITTED WITH THE LICENSEE'S APPLICATION AND APPROVED BY THE COMMIS- 29 SION, AT WHICH TIME THE DEPOSIT PLUS ALL ACCRUED INTEREST SHALL BE 30 RETURNED TO THE APPLICANT TO BE APPLIED FOR THE FINAL STAGE. SHOULD THE 31 APPLICANT BE UNABLE TO COMPLETE THE CASINO GAMBLING FACILITY, THE DEPOS- 32 IT PLUS ALL ACCRUED INTEREST SHALL BE FORFEITED TO THE STATE. IN PLACE 33 OF A CASH DEPOSIT, THE COMMISSION MAY ALLOW FOR AN APPLICANT TO SECURE A 34 DEPOSIT BOND INSURING THAT TEN PERCENT OF THE PROPOSED CAPITAL INVEST- 35 MENT SHALL BE FORFEITED TO THE STATE IF THE APPLICANT IS UNABLE TO 36 COMPLETE THE CASINO GAMBLING FACILITY. 37 (B) A LICENSEE WHO FAILS TO BEGIN GAMING OPERATIONS WITHIN ONE YEAR 38 AFTER THE DATE SPECIFIED IN ITS CONSTRUCTION TIMELINE, AS APPROVED BY 39 THE COMMISSION, SHALL BE SUBJECT TO SUSPENSION OR REVOCATION OF THE 40 CASINO GAMBLING LICENSE BY THE COMMISSION AND MAY, AFTER BEING FOUND BY 41 THE COMMISSION AFTER A HEARING TO HAVE ACTED IN BAD FAITH IN ITS APPLI- 42 CATION, BE ASSESSED A FINE OF UP TO FIFTY MILLION DOLLARS. 43 2. (A) THE COMMISSION SHALL PRESCRIBE THE FORM OF THE CASINO GAMBLING 44 LICENSE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING 45 LICENSE CONDITIONS FOR EACH LICENSEE. THE LICENSEE SHALL: 46 (1) HAVE AN AFFIRMATIVE OBLIGATION TO ABIDE BY EVERY STATEMENT MADE IN 47 ITS APPLICATION TO THE COMMISSION, INCLUDING ALL EVALUATION CRITERIA AND 48 ELIGIBILITY REQUIREMENTS; 49 (2) COMPLY WITH ALL LAWS OF THE STATE, THE LAWS OF THE UNITED STATES 50 AND ALL RULES AND REGULATIONS PROMULGATED UNDER THIS CHAPTER; 51 (3) PAY WEEKLY TO THE COMMISSION THE GROSS GAMING REVENUE PAYMENT 52 PURSUANT TO THE TERMS OF THE LICENSE; 53 (4) MAKE, OR CAUSE TO BE MADE, CAPITAL EXPENDITURES TO ITS CASINO 54 GAMBLING FACILITY AS PART OF A MULTI-YEAR CAPITAL EXPENDITURE PLAN 55 APPROVED BY THE COMMISSION; S. 5586 7 1 (5) NOT CHANGE ITS BUSINESS GOVERNING STRUCTURE WITHOUT THE NOTIFICA- 2 TION AND APPROVAL OF THE COMMISSION; 3 (6) NOT OPERATE, INVEST IN OR OWN, IN WHOLE OR IN PART, ANOTHER CASINO 4 GAMBLING LICENSEE'S LICENSE OR CASINO GAMBLING FACILITY; 5 (7) COOPERATE WITH THE COMMISSION AND THE ATTORNEY GENERAL IN ALL 6 GAMING-RELATED INVESTIGATIONS. EACH CASINO GAMBLING LICENSEE SHALL MAKE 7 READILY AVAILABLE ALL DOCUMENTS, MATERIALS, EQUIPMENT, PERSONNEL AND ANY 8 OTHER ITEMS REQUESTED DURING AN INVESTIGATION; PROVIDED, HOWEVER, THAT 9 MATERIAL THAT THE CASINO GAMBLING LICENSEE CONSIDERS A TRADE SECRET OR 10 DETRIMENTAL TO THE CASINO GAMBLING LICENSEE IF IT WERE MADE PUBLIC 11 SHALL, WITH THE COMMISSION'S APPROVAL, BE PROTECTED FROM PUBLIC DISCLO- 12 SURE; 13 (8) COOPERATE WITH THE COMMISSION AND THE ATTORNEY GENERAL WITH 14 RESPECT TO THE INVESTIGATION OF ANY CRIMINAL MATTER; PROVIDED, HOWEVER, 15 THAT THE CASINO GAMBLING LICENSEE SHALL, UPON RECEIPT OF A CRIMINAL OR 16 CIVIL PROCESS COMPELLING TESTIMONY OR PRODUCTION OF DOCUMENTS IN 17 CONNECTION WITH A CIVIL OR CRIMINAL INVESTIGATION, IMMEDIATELY DISCLOSE 18 SUCH INFORMATION TO THE COMMISSION; AND PROVIDED FURTHER, THAT THIS 19 PARAGRAPH SHALL NOT PROHIBIT PRIVATE PERSONS OR PUBLIC ENTITIES FROM 20 SEEKING ANY REMEDY OR DAMAGES AGAINST A CASINO GAMBLING LICENSEE; 21 (9) ALLOW THE COMMISSION OR THE DIVISION OF STATE POLICE AND STATE 22 POLICE OFFICERS ASSIGNED TO THE COMMISSION OR THE DIVISION OF STATE 23 POLICE TO CONDUCT WARRANTLESS SEARCHES OF THE CASINO GAMBLING LICENSEE'S 24 GAMING AREA (BOTH THOSE AREAS OPEN TO THE PUBLIC AND THOSE PRIVATE AREAS 25 WHEN GAMING OPERATIONS ARE OVERSEEN OR CONTROLLED); 26 (10) COLLECT AND ANNUALLY REPORT TO THE COMMISSION A DETAILED STATIS- 27 TICAL REPORT ON THE NUMBER, JOB TITLES, BENEFITS AND SALARIES OF EMPLOY- 28 EES HIRED AND RETAINED IN EMPLOYMENT AT THE CASINO GAMBLING FACILITY; 29 (11) EMPLOY ONLY THOSE PERSONS LICENSED OR REGISTERED BY THE COMMIS- 30 SION WHICH LICENSES OR REGISTRATIONS ARE HEREBY AUTHORIZED; 31 (12) DO BUSINESS ONLY WITH THOSE VENDORS LICENSED OR REGISTERED BY THE 32 COMMISSION WHICH LICENSES OR REGISTRATIONS ARE HEREBY AUTHORIZED; 33 (13) KEEP CONSPICUOUSLY POSTED IN THE GAMING AREA A NOTICE CONTAINING 34 THE NAME AND A TELEPHONE NUMBER FOR PROBLEM GAMBLING ASSISTANCE; 35 (B) THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE SUPPLEMENTARY TO ANY 36 OTHER POWER OF THE COMMISSION AND SHALL NOT BE DEEMED TO RESTRICT THE 37 POWERS OF THE COMMISSION AS OTHERWISE PROVIDED BY LAW. 38 (C) IN THE EVENT THAT A LICENSEE FAILS TO OPERATE THE CASINO GAMBLING 39 FACILITY IN ACCORDANCE WITH THESE PROVISIONS OR FAILS TO COMPLY WITH 40 OTHER TERMS OF THE LICENSE, THE COMMISSION SHALL BE EMPOWERED TO REVOKE 41 THE LICENSE OF ANY ENTITY, MEMBER OR OFFICER OF THE CASINO GAMBLING 42 FACILITY. THE COMMISSION SHALL TAKE SUCH ACTION AS IS NECESSARY TO 43 ASSURE THE CONTINUATION OF THE GAMING ACTIVITIES AT THE CASINO GAMBLING 44 FACILITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE. 45 (D) THE COMMISSION IS HEREBY AUTHORIZED TO APPROVE THE OPENING OF A 46 TEMPORARY FACILITY OF THE LICENSEE BEFORE THE CASINO GAMBLING FACILITY 47 IS COMPLETE. SUCH TEMPORARY FACILITY SHALL BE APPROVED FOR A DURATION 48 NOT TO EXCEED EIGHTEEN MONTHS. THE COMMISSION MAY AUTHORIZE THE TEMPO- 49 RARY FACILITY AT A LOCATION OTHER THAN THE PLANNED LOCATION FOR THE 50 PERMANENT CASINO GAMBLING FACILITY; HOWEVER SUCH TEMPORARY FACILITY MUST 51 BE WITHIN THE SAME COUNTY AS THE PERMANENT CASINO GAMBLING FACILITY AND 52 SHALL BE WITHIN FIFTEEN MILES OF THE PROPOSED PERMANENT CASINO GAMBLING 53 FACILITY. 54 S 1305. DECISIONS REVIEWABLE. ALL FINAL DETERMINATIONS OF THE COMMIS- 55 SION UNDER THIS ARTICLE SHALL BE REVIEWABLE BY A COURT OF COMPETENT 56 JURISDICTION IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE S. 5586 8 1 CIVIL PRACTICE LAW AND RULES. AN ACTION INSTITUTED FOR A DECLARATION 2 THAT SUCH ACTION WAS ARBITRARY AND CAPRICIOUS BY AN AGGRIEVED PARTY 3 SHALL BE INSTITUTED, IF AT ALL, WITHIN THIRTY CALENDAR DAYS OF THE 4 COMMISSION'S FINAL DETERMINATION. 5 S 1306. STATE REVENUE FUND. 1. REVENUE DERIVED FROM THE AMOUNTS PAYA- 6 BLE UNDER PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED 7 THREE OF THIS ARTICLE, AND THE GROSS GAMING REVENUE DERIVED FROM THE 8 COMBINED SALES TAX ON SLOT MACHINES AND TABLE GAMES AS PROVIDED IN PARA- 9 GRAPH (F) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED THREE OF THIS 10 ARTICLE SHALL BE DISTRIBUTED AS FOLLOWS: 11 (A) EIGHTY PERCENT FOR ELEMENTARY AND SECONDARY EDUCATION; AND 12 (B) TWENTY PERCENT TO BE DEPOSITED INTO THE REAL PROPERTY TAX 13 REDUCTION ACCOUNT CREATED BY SECTION NINETY-NINE-V OF THE STATE FINANCE 14 LAW. 15 2. IF A CASINO GAMBLING FACILITY IS LICENSED IN QUEENS COUNTY, THE 16 COMMISSION SHALL ENSURE THAT PRIOR TO DISBURSEMENT OF STATE REVENUE AS 17 PROVIDED IN SUBDIVISION ONE OF THIS SECTION, THAT THE AMOUNT TO BE 18 CONTRIBUTED TO PRIMARY AND SECONDARY EDUCATION SHALL BE NO LESS THAN THE 19 AMOUNT PAID BY THE VIDEO LOTTERY GAMING VENDOR LICENSED TO OPERATE IN 20 QUEENS COUNTY IN THE YEAR PRECEDING SUCH A CASINO GAMBLING FACILITY'S 21 LICENSURE IN QUEENS COUNTY. AFTER PAYMENT OF SUCH AMOUNT, AND FOR THE 22 FIRST THROUGH FIFTH FULL YEAR AFTER SUCH A CASINO GAMBLING FACILITY IS 23 LICENSED IN QUEENS COUNTY, THE REVENUES SHALL BE DISTRIBUTED AS FOLLOWS: 24 SIXTY-FIVE PERCENT FOR ELEMENTARY AND SECONDARY EDUCATION; 25 TWENTY PERCENT TO BE DEPOSITED IN THE REAL PROPERTY TAX REDUCTION 26 ACCOUNT CREATED BY SECTION NINETY-NINE-V OF THE STATE FINANCE LAW; AND 27 FIFTEEN PERCENT, NOT TO EXCEED SEVENTY-FIVE MILLION DOLLARS IN ANY 28 CALENDAR YEAR, TO BE DEPOSITED IN THE BELMONT REVITALIZATION ACCOUNT 29 CREATED BY SECTION NINETY-NINE-W OF THE STATE FINANCE LAW. ANY ADDI- 30 TIONAL AMOUNTS ABOVE THE SEVENTY-FIVE MILLION DOLLARS SHALL BE DISTRIB- 31 UTED TO THE REAL PROPERTY TAX REDUCTION ACCOUNT. AT THE EXPIRATION OF 32 THE FIFTH FULL YEAR OF OPERATIONS BY A CASINO GAMBLING FACILITY IN THE 33 COUNTY OF QUEENS THE STATE REVENUE FROM SUCH CASINO GAMBLING FACILITY 34 SHALL BE DISBURSED IN THE MANNER OF ANY OTHER CASINO GAMBLING FACILITY 35 AUTHORIZED BY THIS ARTICLE. 36 S 1307. ENHANCEMENT OF PURSES AND BREEDING. NOTWITHSTANDING THE OTHER 37 PROVISIONS OF THIS SECTION, THE COMMISSION AND ANY OTHER NECESSARY OFFI- 38 CER OR EMPLOYEE OF THE STATE MAY TAKE SUCH ACTIONS AS ARE NECESSARY TO 39 CAUSE PAYMENTS TO BE MADE FOR THE ENHANCEMENT OF PURSES AND TO PROMOTE 40 NEW YORK HORSE BREEDING OR OTHER RACING SUPPORT PAYMENTS, AT THE MINIMUM 41 LEVEL SUCH AMOUNTS WERE PROVIDED FOR IN THE YEAR TWO THOUSAND THIRTEEN 42 PURSUANT TO SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW. THE COMMIS- 43 SION SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE ON A 44 RECOMMENDED METHODOLOGY TO ENSURE CONTINUED INCREASES WITH A RATE STRUC- 45 TURE FOR THE SAME FOR THE ENHANCEMENT OF PURSES AND BREEDING AND THE 46 RACING INDUSTRY BASED ON THE AMOUNT OF REVENUE DERIVED FROM CASINO 47 GAMBLING VERSUS REVENUE FROM VIDEO LOTTERY TERMINALS IN THE YEAR TWO 48 THOUSAND THIRTEEN, TAKING INTO ACCOUNT THE OVERALL GROWTH, IF ANY, OF 49 THE HORSE RACING AND BREEDING INDUSTRY IN NEW YORK STATE. NOTHING HERE- 50 IN, HOWEVER, SHALL PERMIT ANY PAYMENTS TO EDUCATION TO BE DIMINISHED 51 BELOW THEIR TWO THOUSAND THIRTEEN LEVELS AS PROVIDED FOR THROUGH VIDEO 52 LOTTERY TERMINALS. THE REPORT SHALL, PRIOR TO BEING ISSUED IN FINAL 53 FORM, BE SUBJECT TO A PUBLIC HEARING AT WHICH INTERESTED PARTIES FROM 54 THE AGRICULTURAL INDUSTRY AND THOSE ENGAGED IN THE RACING OF HORSES AND 55 THE SUPPORT WORKERS ASSOCIATED WITH THE HORSE RACING INDUSTRY, OR THEIR S. 5586 9 1 REPRESENTATIVES, SHALL BE PERMITTED TO TESTIFY. SUCH REPORT SHALL BE 2 ISSUED NOT LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN. 3 S 2. Section 109-a of the racing, pari-mutuel wagering and breeding 4 law is amended by adding three new subdivisions 4, 5 and 6 to read as 5 follows: 6 4. CONSTRUCTION. CONSTRUCTION FOR EACH CAPITAL PROJECT UNDERTAKEN BY A 7 GAMING FACILITY SHALL BE DEEMED A "PUBLIC WORK" TO BE PERFORMED IN 8 ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, AS 9 WELL AS SUBJECT TO SECTIONS TWO HUNDRED, TWO HUNDRED FORTY, TWO HUNDRED 10 FORTY-ONE AND TWO HUNDRED FORTY-TWO OF THE LABOR LAW AND ENFORCEMENT OF 11 PREVAILING WAGE REQUIREMENTS BY THE NEW YORK STATE DEPARTMENT OF LABOR. 12 5. CAPITAL PROJECTS. IF OTHERWISE APPLICABLE, CAPITAL PROJECTS UNDER- 13 TAKEN BY A GAMING FACILITY SHALL BE SUBJECT TO SECTION ONE HUNDRED THIR- 14 TY-FIVE OF THE STATE FINANCE LAW AND SECTION TWO HUNDRED TWENTY-TWO OF 15 THE LABOR LAW. 16 6. PROJECT LABOR AGREEMENTS. A. FOR THE PURPOSES OF THIS SECTION, 17 "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING 18 AGREEMENT BETWEEN A GAMING FACILITY OR CONTRACTOR THEREOF AND THE NEW 19 YORK STATE BUILDING AND CONSTRUCTION TRADES COUNCIL AND/OR A SUBDIVISION 20 THEREOF, DETERMINED BY THE GAMING COMMISSION AS REPRESENTING THE LARGEST 21 NUMBER OF EMPLOYEES LIKELY TO WORK ON THE PROJECT, ESTABLISHING THE 22 LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL 23 PERSONS WHO WILL PERFORM WORK ON THE PROJECT, AND WHICH PROVIDES THAT 24 ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT 25 WITH THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK. 26 B. THE GAMING COMMISSION SHALL REQUIRE A GAMING FACILITY OR CONTRACTOR 27 THEREOF AWARDED A CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR 28 OTHER AGREEMENT FOR A PROJECT TO ENTER INTO A PROJECT LABOR AGREEMENT 29 DURING AND FOR THE WORK INVOLVED WITH SUCH PROJECT WHEN SUCH REQUIREMENT 30 IS PART OF THE GAMING FACILITY PROJECT, BUT ONLY IF THE GAMING COMMIS- 31 SION DETERMINES THAT THE RECORD SUPPORTING THE DECISION TO ENTER INTO 32 SUCH AN AGREEMENT ESTABLISHES THAT THE INTERESTS OF THE STATE ARE BEST 33 MET BY REQUIRING A PROJECT LABOR AGREEMENT INCLUDING: OBTAINING THE BEST 34 WORK AT THE LOWEST POSSIBLE PRICE; PREVENTING FAVORITISM, FRAUD AND 35 CORRUPTION; THE IMPACT OF DELAY; THE POSSIBILITY OF COST SAVINGS; AND 36 ANY LOCAL HISTORY OF LABOR UNREST. 37 C. ANY CONTRACT TO WHICH THE GAMING FACILITY IS A PARTY, AND ANY 38 CONTRACT ENTERED INTO BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF 39 AND FOR THE BENEFIT OF THE GAMING FACILITY PURSUANT TO ANY LEASE, PERMIT 40 OR OTHER AGREEMENT BETWEEN SUCH THIRD PARTY AND THE GAMING FACILITY, FOR 41 THE CONSTRUCTION, RECONSTRUCTION, DEMOLITION, EXCAVATION, REHABILI- 42 TATION, REPAIR, RENOVATION, ALTERATION, OR IMPROVEMENT, OF A PROJECT 43 UNDERTAKEN PURSUANT TO THIS CHAPTER, SHALL BE SUBJECT TO ALL OF THE 44 PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, INCLUDING THE ENFORCEMENT 45 OF PREVAILING WAGE REQUIREMENTS BY THE FISCAL OFFICER AS DEFINED IN 46 PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE 47 LABOR LAW TO THE SAME EXTENT AS A CONTRACT OF THE STATE, AND SHALL BE 48 DEEMED PUBLIC WORK FOR PURPOSES OF SUCH ARTICLE. 49 D. EVERY CONTRACT ENTERED INTO BY THE GAMING FACILITY FOR A PROJECT 50 SHALL CONTAIN A PROVISION THAT THE CONTRACTOR SHALL FURNISH A LABOR AND 51 MATERIAL BOND GUARANTEEING PROMPT PAYMENT OF MONEYS THAT ARE DUE TO ALL 52 PERSONS FURNISHING LABOR AND MATERIALS PURSUANT TO THE REQUIREMENTS OF 53 ANY CONTRACTS FOR A PROJECT UNDERTAKEN PURSUANT TO THIS SECTION AND A 54 PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE OF THE PROJECT, WHICH 55 SHALL CONFORM TO THE PROVISIONS OF SECTION ONE HUNDRED THREE-F OF THE 56 GENERAL MUNICIPAL LAW, AND THAT A COPY OF SUCH PERFORMANCE AND PAYMENT S. 5586 10 1 BONDS SHALL BE KEPT BY THE GAMING COMMISSION AND SHALL BE OPEN TO PUBLIC 2 INSPECTION. 3 E. FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, ANY 4 PERSON ENTERING INTO A CONTRACT FOR A PROJECT AUTHORIZED PURSUANT TO 5 THIS SECTION SHALL BE DEEMED A STATE AGENCY AS THAT TERM IS DEFINED IN 6 SUCH ARTICLE AND SUCH CONTRACTS SHALL BE DEEMED STATE CONTRACTS WITHIN 7 THE MEANING OF THAT TERM AS SET FORTH IN SUCH ARTICLE. 8 F. WHENEVER A GAMING FACILITY ENTERS INTO A CONTRACT, SUBCONTRACT, 9 LEASE, GRANT, BOND, COVENANT OR OTHER AGREEMENT FOR CONSTRUCTION, RECON- 10 STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, 11 ALTERATION, OR IMPROVEMENT WITH RESPECT TO EACH PROJECT UNDERTAKEN 12 PURSUANT TO THIS CHAPTER, THE GAMING COMMISSION SHALL CONSIDER THE 13 FINANCIAL AND ORGANIZATIONAL CAPACITY OF CONTRACTORS AND SUBCONTRACTORS 14 IN RELATION TO THE MAGNITUDE OF WORK THEY MAY PERFORM, THE RECORD OF 15 PERFORMANCE OF CONTRACTORS AND SUBCONTRACTORS ON PREVIOUS WORK, THE 16 RECORD OF CONTRACTORS AND SUBCONTRACTORS IN COMPLYING WITH EXISTING 17 LABOR STANDARDS AND MAINTAINING HARMONIOUS LABOR RELATIONS, AND THE 18 COMMITMENT OF CONTRACTORS TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESS 19 ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW THROUGH 20 JOINT VENTURES OR SUBCONTRACTOR RELATIONSHIPS. 21 G. THE GAMING COMMISSION SHALL FURTHER REQUIRE, ON ANY CONTRACT FOR 22 CONSTRUCTION IN EXCESS OF THREE MILLION DOLLARS WITH RESPECT TO ANY 23 CONTRACT FOR CONSTRUCTION, RECONSTRUCTION, DEMOLITION, EXCAVATION, REHA- 24 BILITATION, REPAIR, RENOVATION, ALTERATION, OR IMPROVEMENT THAT EACH 25 CONTRACTOR AND SUBCONTRACTOR SHALL PARTICIPATE IN APPRENTICE TRAINING 26 PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE 27 DEPARTMENT OF LABOR FOR NOT LESS THAN THREE YEARS. THE GAMING COMMISSION 28 SHALL FURTHER REQUIRE THAT EACH CONTRACTOR AND SUBCONTRACTOR SHALL HAVE 29 GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE 30 AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH TRAINING PROGRAM. 31 ADDITIONALLY IT MUST BE DEMONSTRATED THAT THE PROGRAM HAS MADE SIGNIF- 32 ICANT EFFORTS TO ATTRACT AND RETAIN MINORITY APPRENTICES, AS DETERMINED 33 BY AFFIRMATIVE ACTION GOALS ESTABLISHED FOR SUCH PROGRAMS BY THE DEPART- 34 MENT OF LABOR. 35 S 3. The state finance law is amended by adding a new section 99-v to 36 read as follows: 37 S 99-V. REAL PROPERTY TAX REDUCTION ACCOUNT. 1. THERE IS HEREBY ESTAB- 38 LISHED IN THE CUSTODY OF THE COMPTROLLER AN ACCOUNT TO BE KNOWN AS THE 39 "REAL PROPERTY TAX REDUCTION ACCOUNT." 40 2. SUCH ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO FROM THE 41 STATE REVENUE FUND CREATED PURSUANT TO SECTION THIRTEEN HUNDRED SIX OF 42 THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW. 43 3. ALL PAYMENT OF MONEYS FROM THE REAL PROPERTY TAX REDUCTION ACCOUNT 44 SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER. 45 4. SUCH MONIES SHALL BE DEVOTED TWENTY PERCENT TO THE HOST COMMUNITY 46 AS DETERMINED BY THE STATE GAMING COMMISSION AND EIGHTY PERCENT TO COUN- 47 TIES ACROSS THE STATE. 48 S 4. The state finance law is amended by adding a new section 99-w to 49 read as follows: 50 S 99-W. BELMONT REVITALIZATION ACCOUNT. 1. THERE IS HEREBY ESTABLISHED 51 IN THE CUSTODY OF THE STATE COMPTROLLER AN ACCOUNT TO BE KNOWN AS THE 52 "BELMONT REVITALIZATION ACCOUNT." 53 2. SUCH ACCOUNT SHALL CONSIST OF ALL AMOUNTS PAYABLE UNDER SUBDIVISION 54 TWO OF SECTION THIRTEEN HUNDRED THREE OF THE RACING, PARI-MUTUEL WAGER- 55 ING AND BREEDING LAW. S. 5586 11 1 3. THE FUNDS IN THE ACCOUNT SHALL BE UTILIZED AS DETERMINED BY RESOL- 2 UTION OF A BOARD COMPRISED OF THE MAJORITY LEADER OF THE NASSAU COUNTY 3 LEGISLATURE, OR HIS OR HER DESIGNEE, THE MINORITY LEADER OF THE NASSAU 4 COUNTY LEGISLATURE, OR HIS OR HER DESIGNEE, AND THE COUNTY EXECUTIVE OF 5 THE COUNTY OF NASSAU, OR HIS OR HER DESIGNEE. 6 4. ALL PAYMENTS OF MONEYS FROM THE BELMONT REVITALIZATION ACCOUNT 7 SHALL BE MADE ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER. 8 5. SUCH RESOLUTION SHALL SPECIFY THE PROPOSED ECONOMIC DEVELOPMENT 9 PURPOSE OF THE FUNDS, WHICH MAY BE UTILIZED FOR THE ECONOMIC REVITALIZA- 10 TION OF NASSAU COUNTY, ASSOCIATED WITH THE HIGHEST AND BEST USE OF THE 11 BELMONT RACETRACK, ANCILLARY PROPERTIES, AND THE SURROUNDING COMMUNI- 12 TIES. PERMISSIBLE EXPENDITURES MAY BE FOR CAPITAL CONSTRUCTION COSTS, OR 13 LOCAL AID IN SUPPORT OF A PLAN OF DEVELOPMENT LOCATED WITHIN THE COUNTY. 14 S 5. The tax law is amended by adding a new section 1617-c to read as 15 follows: 16 S 1617-C. EXPANSION OF VIDEO LOTTERY TERMINALS. NOT LATER THAN JULY 17 FIRST, TWO THOUSAND FOURTEEN, THE COMMISSION SHALL ISSUE AN INTERIM 18 REPORT AND BY DECEMBER FIRST, TWO THOUSAND FOURTEEN A FINAL REPORT 19 RECOMMENDING WHETHER OR NOT VIDEO LOTTERY TERMINALS SHOULD BE EXPANDED 20 WITHIN THE STATE. PARTICULAR CONSIDERATION SHOULD BE GIVEN TO THE IMPACT 21 OF SUCH AN EXPANSION BASED ON POTENTIAL LOCATIONS OF CASINO GAMBLING 22 FACILITIES WITH RESPECT TO EXISTING VIDEO LOTTERY GAMING OPERATIONS AS 23 WELL AS AT SITES NOT AUTHORIZED TO HAVE CASINO GAMBLING FACILITIES AND 24 MAKING A RECOMMENDATION TO THE LEGISLATURE ON LEVELS OF TAXATION ASSOCI- 25 ATED WITH VIDEO LOTTERY TERMINALS AT EXISTING AND PROPOSED NEW VIDEO 26 LOTTERY GAMING FACILITIES. 27 S 6. Subdivision a of section 1617-a of the tax law, as amended by 28 section 2 of part O-1 of chapter 57 of the laws of 2009, is amended to 29 read as follows: 30 a. The division of the lottery is hereby authorized to license, pursu- 31 ant to rules and regulations to be promulgated by the division of the 32 lottery, the operation of video lottery gaming at (1) Aqueduct, Monti- 33 cello, Yonkers, Finger Lakes, and Vernon Downs racetracks, or at any 34 other racetrack licensed pursuant to article three of the racing, pari- 35 mutuel wagering and breeding law that are located in a county or coun- 36 ties in which video lottery gaming has been authorized pursuant to local 37 law, excluding the licensed racetrack commonly referred to in article 38 three of the racing, pari-mutuel wagering and breeding law as the "New 39 York state exposition" held in Onondaga county and the racetracks of the 40 non-profit racing association known as Belmont Park racetrack and the 41 Saratoga thoroughbred racetrack; AND (2) AT ONE REGIONAL OFF-TRACK 42 BETTING CORPORATION FACILITY LICENSED PURSUANT TO SECTION ONE THOUSAND 43 EIGHT OR ONE THOUSAND NINE OF THE RACING, PARI-MUTUEL WAGERING AND 44 BREEDING LAW WITHIN ANY REGIONAL CORPORATION DEFINED IN ARTICLE FIVE OF 45 THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN WHICH NO PARTIC- 46 IPATING COUNTY CONTAINS EITHER A THOROUGHBRED OR STANDARDBRED RACETRACK 47 LICENSED TO OPERATE VIDEO LOTTERY GAMING BY THE STATE GAMING COMMISSION. 48 THE REGIONAL CORPORATION SHALL BE DEEMED A "VENDOR" FOR ALL PURPOSES 49 UNDER THIS ARTICLE. Such rules and regulations shall provide, as a 50 condition of licensure, that racetracks to be licensed are certified to 51 be in compliance with all state and local fire and safety codes, that 52 the division is afforded adequate space, infrastructure, and amenities 53 consistent with industry standards for such video gaming operations as 54 found at racetracks in other states, that racetrack employees involved 55 in the operation of video lottery gaming pursuant to this section are 56 licensed by the racing and wagering board, and such other terms and S. 5586 12 1 conditions of licensure as the division may establish. Notwithstanding 2 any inconsistent provision of law, video lottery gaming at a racetrack 3 pursuant to this section shall be deemed an approved activity for such 4 racetrack under the relevant city, county, town, or village land use or 5 zoning ordinances, rules, or regulations. No entity licensed by the 6 division operating video lottery gaming pursuant to this section may 7 house such gaming activity in a structure deemed or approved by the 8 division as "temporary" for a duration of longer than eighteen-months. 9 Nothing in this section shall prohibit the division from licensing an 10 entity to operate video lottery gaming at an existing racetrack as 11 authorized in this subdivision whether or not a different entity is 12 licensed to conduct horse racing and pari-mutuel wagering at such race- 13 track pursuant to article two or three of the racing, pari-mutuel wager- 14 ing and breeding law. 15 The division, in consultation with the [racing and wagering board] 16 STATE GAMING COMMISSION, shall establish standards for approval of the 17 temporary and permanent physical layout and construction of any facility 18 or building devoted to a video lottery gaming operation. In reviewing 19 such application for the construction or reconstruction of facilities 20 related or devoted to the operation or housing of video lottery gaming 21 operations, the division, in consultation with the racing and wagering 22 board, shall ensure that such facility: 23 (1) possesses superior consumer amenities and conveniences to encour- 24 age and attract the patronage of tourists and other visitors from across 25 the region, state, and nation. 26 (2) has adequate motor vehicle parking facilities to satisfy patron 27 requirements. 28 (3) has a physical layout and location that facilitates access to and 29 from the horse racing track portion of such facility to encourage patro- 30 nage of live horse racing events that are conducted at such track. 31 S 7. Paragraphs (b) and (c) of subdivision 1 of section 169 of the 32 executive law, as amended by section 9 of part A of chapter 60 of the 33 laws of 2012, are amended to read as follows: 34 (b) commissioner of labor, chairman of public service commission, 35 commissioner of taxation and finance, superintendent of financial 36 services, commissioner of criminal justice services, [and] commissioner 37 of parks, recreation and historic preservation AND CHAIR OF THE GAMING 38 COMMISSION; 39 (c) commissioner of agriculture and markets, commissioner of alcohol- 40 ism and substance abuse services, adjutant general, commissioner and 41 president of state civil service commission, commissioner of economic 42 development, chair of the energy research and development authority, 43 president of higher education services corporation, commissioner of 44 motor vehicles, member-chair of board of parole, chair of public employ- 45 ment relations board, secretary of state, commissioner of alcoholism and 46 substance abuse services, executive director of the housing finance 47 agency, commissioner of housing and community renewal, executive direc- 48 tor of state insurance fund, commissioner-chair of state liquor authori- 49 ty, chair of the workers' compensation board AND COMMISSIONERS OF THE 50 GAMING COMMISSION; 51 S 8. Subdivisions 3, 4 and 5 of section 102 of the racing, pari-mutuel 52 wagering and breeding law, as added by section 1 of part A of chapter 60 53 of the laws of 2012, are amended to read as follows: 54 3. A member shall be designated as chair of the commission by the 55 governor to serve in such capacity at the pleasure of the governor or 56 until his or her term as commission member expires, whichever first S. 5586 13 1 occurs. The members shall be appointed for terms of [five] NINE years; 2 provided, however, that initial appointments to the commission shall be 3 for terms as follows: 4 (a) one member appointed by the governor shall serve for a [one] SIX 5 year term, one member appointed by the governor shall serve for a [two] 6 SEVEN year term, one member appointed by the governor shall serve for a 7 [three] EIGHT year term, [one member] TWO MEMBERS appointed by the 8 governor shall EACH serve for a [four] NINE year term, [one member 9 appointed by the governor shall serve for a five year term]; and 10 (b) each of the members appointed by the governor upon the recommenda- 11 tion of the temporary president of the senate and upon the recommenda- 12 tion of the speaker of the assembly shall serve for a [four] NINE year 13 term. 14 4. The members shall[, when performing the work of the commission, be 15 compensated at a rate of three hundred dollars per day, together with an 16 allowance] BE REIMBURSED for actual and necessary expenses incurred in 17 the discharge of their duties FOR TRAVEL AND OTHER EXPENSES. 18 5. The members of the commission shall not hold any other [public] 19 office or [public] employment for which they shall receive compen- 20 sation[, other than necessary travel or other expenses incurred in the 21 performance of the duties of such office or employment. Members may 22 engage in private employment or in a profession or business, provided, 23 however, such employment does not interfere or conflict with the 24 performance or proper discharge of his or her duties]. 25 S 9. This act shall take effect immediately; provided that section six 26 of this act shall take effect on the first of January next succeeding 27 the date on which it shall have become a law provided, however that 28 section six of this act shall not take effect until gambling facilities 29 are authorized by amendment to subdivision 1 of section 9 of article 1 30 of the state constitution; and provided, further, that any license 31 issued under article 13 of the racing, pari-mutuel wagering and breeding 32 law, as added by section one of this act, shall not take effect until 33 gambling facilities are authorized by amendment to subdivision 1 of 34 section 9 of article 1 of the state constitution.
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