Bill Text: NY S02648 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the casino siting home rule.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S02648 Detail]

Download: New_York-2019-S02648-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2648
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sen. KRUEGER -- 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 and
          the tax law, in relation to the casino siting home rule
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  2 of section 1314 of the racing, pari-mutuel
     2  wagering and breeding law, as added by chapter 174 of the laws of  2013,
     3  is amended to read as follows:
     4    2.  As  a condition of filing, each potential license applicant [must]
     5  shall demonstrate to the [board's satisfaction] board that local support
     6  has been demonstrated through the enactment of local laws or resolutions
     7  in support by the host municipality and county.
     8    § 2. Paragraph (b) of subdivision 2 of section  1320  of  the  racing,
     9  pari-mutuel  wagering  and  breeding law, as added by chapter 174 of the
    10  laws of 2013, is amended to read as follows:
    11    (b) gaining public support in the host and nearby municipalities which
    12  [may] shall be demonstrated through the  [passage]  enactment  of  local
    13  laws [or public comment received by the board or gaming applicant];
    14    §  3.  Section  1366  of the racing, pari-mutuel wagering and breeding
    15  law, as added by chapter 174 of the laws of 2013, is amended to read  as
    16  follows:
    17    § 1366. Zoning.  1. The state, any municipal corporation or any agency
    18  or  authority  thereof shall be prohibited from acquiring land necessary
    19  for the construction or development of a  class  three  gaming  facility
    20  pursuant to this article.
    21    2.  Notwithstanding  any inconsistent provision of law, gaming author-
    22  ized at a location pursuant to this article shall be deemed an  approved
    23  activity  for  such  location  under the relevant city, county, town, or
    24  village land use or zoning ordinances, rules, or regulations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08875-01-9

        S. 2648                             2
     1    3. The requirements set forth in this section shall be in addition  to
     2  the  requirements  of  the provisions of the state environmental quality
     3  review act under article eight of the environmental conservation law and
     4  its implementing regulations which are codified in 6 NYCRR 617  and  any
     5  other general laws relating to land use and any amendments thereto.
     6    §  4.  The opening paragraph of subdivision b of section 1617-a of the
     7  tax law, as amended by section 1 of part SS of chapter 60 of the laws of
     8  2016, is amended to read as follows:
     9    Such rules and regulations shall provide, as a condition of licensure,
    10  that racetracks to be licensed are certified to be  in  compliance  with
    11  all state and local fire and safety codes, that the gaming commission is
    12  afforded  adequate  space, infrastructure, and amenities consistent with
    13  industry standards for such video lottery gaming operations as found  at
    14  racetracks  in  other  states,  that racetrack employees involved in the
    15  operation of video lottery gaming pursuant to this section are  licensed
    16  by  the  gaming commission and such other terms and conditions of licen-
    17  sure as the gaming commission may establish. Notwithstanding any  incon-
    18  sistent  provision  of law, video lottery gaming at a racetrack pursuant
    19  to this section shall be deemed an approved activity for such  racetrack
    20  under  the  relevant  city,  county, town, or village land use or zoning
    21  ordinances, rules, or regulations  and  shall  be  in  addition  to  the
    22  requirements of the provisions of the state environmental quality review
    23  act  under  article  eight of the environmental conservation law and its
    24  implementing regulations which are codified in 6 NYCRR 617 and any other
    25  general laws relating to land use and any amendments hereto.  No  entity
    26  licensed  by the gaming commission operating video lottery gaming pursu-
    27  ant to this section may house such gaming activity in a structure deemed
    28  or approved by the division as "temporary" for a duration of longer than
    29  eighteen-months. Nothing in  this  section  shall  prohibit  the  gaming
    30  commission  from  licensing an entity to operate video lottery gaming at
    31  an existing racetrack as authorized in this subdivision whether or not a
    32  different entity is licensed to conduct  horse  racing  and  pari-mutuel
    33  wagering  at  such  racetrack  pursuant  to  article two or three of the
    34  racing, pari-mutuel wagering and breeding law.
    35    § 5. This act shall take effect immediately.
feedback