Bill Text: NY A04236 | 2013-2014 | General Assembly | Amended
Bill Title: Extends the Catskill region off-track betting corporation to include the five counties comprising the city of New York.
Spectrum: Partisan Bill (Democrat 26-1)
Status: (Introduced - Dead) 2014-06-19 - ordered to third reading rules cal.595 [A04236 Detail]
Download: New_York-2013-A04236-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4236--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. PRETLOW, HEASTIE, COOK, WEPRIN, KELLNER, PERRY,
DINOWITZ, CAMARA, RODRIGUEZ, ROBINSON, SCARBOROUGH, ORTIZ, TITONE,
COLTON, MARKEY, SKOUFIS, PICHARDO -- Multi-Sponsored by -- M. of A.
BROOK-KRASNY, CLARK, CRESPO, CUSICK, JACOBS, MALLIOTAKIS, SEPULVEDA --
read once and referred to the Committee on Racing and Wagering --
recommitted to the Committee on Racing and Wagering in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to extending the Catskill region to include the five counties
comprising the city of New York and providing for the disposition of
revenue received by such corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 502 of the racing, pari-mutuel
2 wagering and breeding law, as amended by chapter 710 of the laws of
3 1990, is amended to read as follows:
4 1. A regional off-track betting corporation is hereby established for
5 each region, except the New York city region for which the New York city
6 off-track betting corporation established pursuant to and subject to
7 article six of this chapter shall constitute the regional corporation
8 and such article six shall govern such New York city off-track betting
9 corporation. Each regional corporation shall be a body corporate and
10 politic constituting a public benefit corporation. Each corporation
11 shall be administered by a board of directors consisting of two members
12 from each participating county containing a city of over one hundred
13 fifty thousand in population, according to the last federal census, and
14 one member from each other participating county. Notwithstanding any
15 other provision of law to the contrary, the members shall be appointed
16 by the county governing body, and may, at the discretion of such govern-
17 ing body of counties which have a population of less than two hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07676-05-4
A. 4236--A 2
1 thousand, include sitting members of such governing body. A member of a
2 governing body who is appointed a director after July first, nineteen
3 hundred ninety shall not be compensated by the regional corporation;
4 provided, however, that the mayor of a city of over one hundred fifty
5 thousand that has elected to participate in the management of a corpo-
6 ration pursuant to subdivision two of this section shall, with the
7 approval of the city's legislative body, appoint one of the members to
8 which the county containing such city is entitled. In the case of the
9 corporation established for the Suffolk region and Nassau region, the
10 board of directors of each corporation shall consist of three members
11 appointed by the governing body of each county, not more than two of
12 whom shall be members of the same political party. Each director shall
13 serve at the pleasure of the governing body or mayor appointing him OR
14 HER, as the case may be. A chairman shall be elected by the members to
15 serve a term of one year. IN THE CASE OF A CITY HAVING A POPULATION OF
16 OVER ONE MILLION WITHIN THE CATSKILL OFF-TRACK BETTING REGION, ONE
17 MEMBER SHALL BE APPOINTED BY THE MAYOR OF SUCH CITY.
18 S 2. Subdivision 1 of section 519 of the racing, pari-mutuel wagering
19 and breeding law, paragraph e as amended by chapter 260 of the laws of
20 1987 and paragraphs f, g and h as amended by chapter 125 of the laws of
21 1997, is amended to read as follows:
22 1. "Region." One or more of the following named regions comprised of
23 the counties indicated:
24 a. Suffolk: Suffolk county;
25 b. Nassau: Nassau county;
26 c. [New York city: the five counties comprising the city of New York;
27 d.] Catskill: Broome, Chemung, Chenango, Delaware, Orange, Rockland,
28 Sullivan, Tioga, Dutchess, Tompkins, Westchester, Putnam [and], Ulster,
29 RICHMOND, QUEENS, KINGS, BRONX AND NEW YORK counties;
30 [e.] D. Capital District: Albany, Clinton, Columbia, Cortland, Essex,
31 Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei-
32 da, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence,
33 Warren and Washington counties;
34 [f.] E. Central: Lewis and Onondaga counties;
35 [g.] F. Western: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie,
36 Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe-
37 go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties;
38 [h.] G. Notwithstanding the other provisions of this subdivision, when
39 and if the Central regional off-track betting corporation is estab-
40 lished, it shall include, in addition to the counties listed in para-
41 graph [f] E OF THIS SUBDIVISION, the following: Cayuga, Chenango, Cort-
42 land, Franklin, Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and
43 Tompkins counties.
44 S 3. Article 5 of the racing, pari-mutuel wagering and breeding law is
45 amended by adding three new sections 517-a, 517-b and 517-c to read as
46 follows:
47 S 517-A. CATSKILL OFF-TRACK BETTING CORPORATION SITE SELECTION BOARD.
48 1. (A) THE PURCHASE OR LEASE OF ANY PROPERTY TO BE USED IN WHOLE OR IN
49 PART AS AN OFF-TRACK BETTING FACILITY BY THE CATSKILL OFF-TRACK BETTING
50 CORPORATION IN THE CITY OF NEW YORK, SHALL BE CONDITIONED ON THE
51 APPROVAL OF THE SITE SELECTION BOARD. FOR PURPOSES OF THIS SECTION, THE
52 SITE SELECTION BOARD SHALL BE COMPOSED OF: THE CHIEF EXECUTIVE OFFICER
53 OF THE URBAN DEVELOPMENT CORPORATION; A DESIGNEE OF THE MAYOR OF THE
54 CITY OF NEW YORK; WITH RESPECT TO A BRANCH OFFICE LOCATED WHOLLY OR
55 PARTLY WITHIN A BOROUGH OF SUCH CITY, THE PRESIDENT OR PRESIDENTS OF THE
56 BOROUGH OR BOROUGHS, OR THE PRESIDENT'S DESIGNEE, IN WHICH THE PROPOSED
A. 4236--A 3
1 SITE IS LOCATED; THE CHAIR OF THE COMMUNITY BOARD, OR THE CHAIR'S DESIG-
2 NEE, REPRESENTING THE NEIGHBORHOOD IN WHICH THE PROPOSED SITE IS
3 LOCATED; AND THE COMPTROLLER OF THE CITY OF NEW YORK, OR THE COMP-
4 TROLLER'S DESIGNEE.
5 (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE FIRST TWO
6 OFF-TRACK BETTING FACILITIES LOCATED IN EACH BOROUGH OF THE CITY OF NEW
7 YORK SHALL NOT REQUIRE APPROVAL OF THE SITE SELECTION BOARD.
8 2. THE SITE SELECTION BOARD SHALL OPERATE PURSUANT TO THE FOLLOWING
9 PROCEDURES:
10 (A) EVERY ACT OF THE BOARD SHALL BE BY RESOLUTION ADOPTED BY A MAJORI-
11 TY OF THE VOTES CAST BY ALL THE MEMBERS. NO RESOLUTION SHALL BE ADOPTED
12 EXCEPT AFTER A PUBLIC HEARING, NOTICE OF WHICH SHALL BE PUBLISHED IN THE
13 STATE REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF
14 GENERAL CIRCULATION IN THE CITY OF NEW YORK FOR TWO CONSECUTIVE BUSINESS
15 DAYS IMMEDIATELY PRECEDING SAID HEARING.
16 (B) MEETINGS OF THE SITE SELECTION BOARD SHALL BE CALLED EITHER: (I)
17 AS DIRECTED BY THE BOARD UPON NOTICE THEREOF PUBLISHED IN THE STATE
18 REGISTER FOR SIX CONSECUTIVE BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL
19 CIRCULATION IN THE CITY OF NEW YORK FOR TWO CONSECUTIVE BUSINESS DAYS;
20 OR (II) UPON WRITTEN NOTICE TO THE BOARD BY THE PRESIDENT OF CATSKILL
21 OFF-TRACK BETTING CORPORATION THAT A SITE FOR AN OFF-TRACK BETTING
22 BRANCH OFFICE IS UNDER CONSIDERATION BY CATSKILL OFF-TRACK BETTING
23 CORPORATION FOR LEASE OR ACQUISITION. A COPY OF SUCH WRITTEN NOTICE
24 SHALL BE PUBLISHED IN THE STATE REGISTER FOR SIX CONSECUTIVE BUSINESS
25 DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF NEW YORK
26 FOR TWO CONSECUTIVE BUSINESS DAYS. ALL MEETINGS OF THE BOARD SHALL BE
27 WITHIN SEVEN CONSECUTIVE BUSINESS DAYS OF THE DATE ON WHICH NOTICE OF
28 SAID MEETINGS IS FIRST PRINTED IN THE STATE REGISTER FOR SIX CONSECUTIVE
29 BUSINESS DAYS AND IN A NEWSPAPER OF GENERAL CIRCULATION IN SUCH CITY FOR
30 TWO CONSECUTIVE BUSINESS DAYS.
31 (C) THE SITE SELECTION BOARD SHALL HAVE POWER AND AUTHORITY TO ADOPT
32 AND AMEND RULES AND REGULATIONS FOR THE CONDUCT OF ITS BUSINESS AND TO
33 CARRY OUT ITS POWERS AND DUTIES; PROVIDED, HOWEVER, THAT THE BOARD SHALL
34 ADOPT RULES WHICH REQUIRE BOARD ACTION ON A PROPOSED SITE WITHIN THIRTY
35 DAYS OF THE BOARD'S PUBLIC HEARING PROVIDED FOR IN PARAGRAPH (A) OF THIS
36 SUBDIVISION AND THAT BY ITS FAILURE TO ACT WITHIN THIRTY DAYS THE BOARD
37 SHALL BE DEEMED TO HAVE APPROVED THE SITE.
38 3. FOR PROPOSED SITES THAT HAD BEEN APPROVED PRIOR TO DECEMBER SIXTH,
39 TWO THOUSAND TEN, THE PRESIDENT OF CATSKILL OFF-TRACK BETTING CORPO-
40 RATION SHALL PROVIDE WRITTEN NOTICE TO THE SITE SELECTION BOARD THAT
41 SUCH SITE IS UNDER CONSIDERATION BY CATSKILL OFF-TRACK BETTING CORPO-
42 RATION FOR LEASE OR ACQUISITION. IF THE BOARD FAILS TO ACT WITHIN THIRTY
43 DAYS OF RECEIVING SUCH WRITTEN NOTICE FROM THE PRESIDENT OF CATSKILL
44 OFF-TRACK BETTING CORPORATION, THE BOARD SHALL BE DEEMED TO HAVE
45 APPROVED THE SITE. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS
46 SECTION, NO PUBLIC NOTICE OR PUBLIC HEARING SHALL BE REQUIRED PRIOR TO
47 THE SITE SELECTION BOARD'S CONSIDERATION OF A SITE THAT HAD BEEN
48 APPROVED PRIOR TO DECEMBER SIXTH, TWO THOUSAND TEN.
49 S 517-B. CATSKILL OFF-TRACK BETTING CORPORATION; COLLECTIVE BARGAIN-
50 ING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE
51 EXTENT THAT THE CATSKILL OFF-TRACK BETTING CORPORATION OPENS FACILITIES
52 WITHIN THE FIVE COUNTIES OF THE CITY OF NEW YORK TO ENGAGE IN OFF-TRACK
53 BETTING OR THE SUPPORT THEREOF, SUCH CORPORATION SHALL RECOGNIZE THE
54 COLLECTIVE BARGAINING REPRESENTATIVES OF THE EMPLOYEES OF THE NEW YORK
55 CITY OFF-TRACK BETTING CORPORATION AS OF DECEMBER SIXTH, TWO THOUSAND
56 TEN, AND SHALL ABIDE BY AGREEMENTS NEGOTIATED BETWEEN SUCH REPRESEN-
A. 4236--A 4
1 TATIVES AND CATSKILL OFF-TRACK BETTING CORPORATION. NOTHING CONTAINED
2 IN THIS CHAPTER SHALL BE CONSTRUED TO DIMINISH THE RIGHTS OF EMPLOYEES
3 PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
4 NINE-A OF THE CIVIL SERVICE LAW.
5 S 517-C. CATSKILL OFF-TRACK BETTING CORPORATION; ANNUAL REPORT. THE
6 CATSKILL OFF-TRACK BETTING CORPORATION SHALL REPORT ANNUALLY TO THE
7 STATE GAMING COMMISSION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
8 TO, OPERATING COSTS, REVENUES, EXISTING AND PROJECTED LOCATIONS, EMPLOY-
9 MENT, FACILITIES, AND PARI-MUTUEL WAGERING HANDLE AT EACH LOCATION, AS
10 WELL AS OTHER DETAILS RELEVANT TO DETERMINE THE SUCCESS OF CATSKILL
11 OFF-TRACK BETTING CORPORATION ACCEPTING BETS WITHIN THE FIVE COUNTIES IN
12 THE CITY OF NEW YORK.
13 S 4. Section 516 of the racing, pari-mutuel wagering and breeding law
14 is amended by adding a new subdivision 6 to read as follows:
15 6. AFTER PAYMENT OF ALL OF THE COSTS OF THE CATSKILL REGIONAL
16 OFF-TRACK BETTING CORPORATION ASSOCIATED WITH ITS OPERATIONS IN THE FIVE
17 COUNTIES IN THE CITY OF NEW YORK, NET REVENUE REMAINING TO SUCH CORPO-
18 RATION FROM SUCH OPERATIONS SHALL BE DIVIDED, QUARTERLY, NOT MORE THAN
19 SIXTY DAYS AFTER THE CLOSE OF THE CALENDAR QUARTER IN ACCORDANCE WITH
20 THE FOLLOWING PROVISIONS:
21 A. FIFTY PERCENT OF SUCH REVENUE TO THE FIVE COUNTIES IN THE CITY OF
22 NEW YORK; AND
23 B. FIFTY PERCENT TO THE CATSKILL OFF-TRACK BETTING CORPORATION TO BE
24 DISTRIBUTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO PARTICIPATING
25 COUNTIES OUTSIDE OF THE FIVE COUNTIES OF THE CITY OF NEW YORK.
26 S 5. Subdivision 7 of section 532 of the racing, pari-mutuel wagering
27 and breeding law, as added by chapter 115 of the laws of 2008, is
28 amended to read as follows:
29 7. Notwithstanding any other provision of this section, any payments
30 otherwise payable to a city with a population of one million or more,
31 [pursuant to this section, other than payments] pursuant to subpara-
32 graphs (i) and (iii) of paragraph b of subdivision three of this
33 section, shall be payable to the corporation and shall be available for
34 its corporate purposes, AND SHALL BE DISTRIBUTED AS NET REVENUE PURSUANT
35 TO SUBDIVISION SIX OF SECTION FIVE HUNDRED SIXTEEN OF THIS CHAPTER.
36 S 6. Notwithstanding any other provision of law, rule or regulation to
37 the contrary, the Catskill off-track betting corporation's capital
38 acquisition fund established pursuant to section 509-a and subdivision
39 3-a of section 532 of the racing, pari-mutuel wagering and breeding law
40 shall be available to Catskill off-track betting corporation for any
41 corporate purpose.
42 S 7. This act shall take effect immediately.
