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 - Dead) 2020-01-08 - REFERRED TO RACING, GAMING AND WAGERING [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. LBD08875-01-9S. 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.
