Sunday, May 26, 2013

Bonacic is another guy who does not believe

in freedom of religion, separation of church and State and the rights of bettors secured by NY Const. Art. 1, Sec. 3. He could/should have seen that Nassau OTB is open 365 days of the year without religious preference. You can buy a NY Lottery Ticket 365 days of the year (except at Nassau OTB).  Competent crooks with character are antiques?

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.
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S05586 Actions:

BILL NO    S05586 

05/23/2013 REFERRED TO RACING, GAMING AND WAGERING
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S05586 Votes:

There are no votes for this bill in this legislative session.
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S05586 Memo:

Memo not available
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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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