NY State Senate Bill 2019-S2648

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to racing, gaming and wagering
Jun 20, 2019	committed to rules
May 15, 2019	advanced to third reading
May 14, 2019	2nd report cal.
May 13, 2019	1st report cal.656
Jan 28, 2019	referred to racing, gaming and wagering

Votes

- May 13, 2019 - Racing, Gaming And Wagering Committee Vote
  S2648
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Racing, Gaming And Wagering Committee Vote: May 13, 2019
      
      aye (5)
      
      Addabbo Jr.
      
      Comrie
      
      Gaughran
      
      Mayer
      
      Stavisky
      
      nay (1)
      
      Jordan
      
      aye wr (1)
      
      Helming

2019-S2648 (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Amd §§1314, 1320 & 1366, RWB L; amd §1617-a, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6433
2015-2016: S3081
2017-2018: S6377
2021-2022: S1335

2019-S2648 (ACTIVE) - Summary

Relates to the casino siting home rule.

2019-S2648 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2648

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law and
the tax law, in relation to the casino siting home rule

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation amends several statutes within Article 13 of the state
racing, pari-mutuel wagering, and breeding law pertaining to the casino
siting process. Specifically, this bill would require that local support
for the siting of a casino in a specific municipality be demonstrated
through the passage of local laws or resolutions in support by said
municipality.

In addition, the bill amends Article 13 to make explicit that
construction of any casino or destination resort affiliated with a casi-
no comply with the state environmental quality review act. The bill
would also prohibit the transfer of land to the state, any municipal
corporation, or any agency or authority thereof for the construction of

a casino as a means of avoiding compliance with local zoning regulations
and requirements as established by host municipalities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 1314 of article 13
in the racing law to make explicit that local support for a casino shall
be shown through the passage of local laws or resolutions in support by
both the host municipality and county.

Section 3 of the bill amends section 1366 of article 13 in the racing
law to require the construction of any class III gaming facility or new
video lottery terminal facility comply with the state environmental
quality review act. This section also prohibits the transfer of land to
the state,'any municipal corporation, or any agency or authority thereof
for the construction of a casino as a means of avoiding compliance with
local zoning regulations and requirements as established by host munici-
palities.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

Following passage of the casino referendum in the fall of 2013, it has
become clear that many local municipalities, counties, and advocacy
organizations are struggling with whether or not a casino should be
built within its borders. While casinos offer the potential for economic
development, they also have the potential to bring with them social
problems associated with gambling addiction, such as increases in crime,
domestic violence and financial instability. In addition, casinos may
close off other economic development strategies that localities prefer
to pursue.

Unfortunately, the enabling legislation passed by the legislature did
not contain any home rule provision that would allow a municipality to
explicitly reject a casino if the residents therein did not want one.

This effectively allows the state to place a casino in an area notwith-
standing local opposition.  This bill would amend the enabling legis-
lation to require a locality to pass a measure of support if it would
like a casino built. New York State has long recognized the importance
of home rule, and requires local home rule messages on a host of issues
with less community impact than the siring of a casino. Other states
have also recognized the importance of a local role in determining casi-
no siting. Massachusetts, which also recently passed legislation author-
izing casinos, has strong, clear language regarding the right of locali-
ties to approve or reject the siting of casinos.

The bill also helps maintain local control by requiring the construction
of any casino be subject to all local land use and zoning rules and
regulations. Finally, in order to ensure that the significant environ-
mental impacts of any casino are fully identified and mitigated, the
bill subjects the siting or all casinos to the state environmental qual-
ity review act.

 
LEGISLATIVE HISTORY:

2017-18: S. 6377 Racing & Wagering

2015-16: S. 3081 Racing & Wagering

2013-14: S. 6433/A.8774 Barrett - Racing & Wagering

 
FISCAL IMPLICATION:

None

 
EFFECTIVE DATE:
This bill would take effect immediately.

2019-S2648 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2648
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.  Subdivision  2 of section 1314 of the racing, pari-mutuel
 wagering and breeding law, as added by chapter 174 of the laws of  2013,
 is amended to read as follows:
   2.  As  a condition of filing, each potential license applicant [must]
 SHALL demonstrate to the [board's satisfaction] BOARD that local support
 has been demonstrated THROUGH THE ENACTMENT OF LOCAL LAWS OR RESOLUTIONS
 IN SUPPORT BY THE HOST MUNICIPALITY AND COUNTY.
   § 2. Paragraph (b) of subdivision 2 of section  1320  of  the  racing,
 pari-mutuel  wagering  and  breeding law, as added by chapter 174 of the
 laws of 2013, is amended to read as follows:
   (b) gaining public support in the host and nearby municipalities which
 [may] SHALL be demonstrated through the  [passage]  ENACTMENT  of  local
 laws [or public comment received by the board or gaming applicant];
   §  3.  Section  1366  of the racing, pari-mutuel wagering and breeding
 law, as added by chapter 174 of the laws of 2013, is amended to read  as
 follows:
   § 1366. Zoning.  1. THE STATE, ANY MUNICIPAL CORPORATION OR ANY AGENCY
 OR  AUTHORITY  THEREOF SHALL BE PROHIBITED FROM ACQUIRING LAND NECESSARY
 FOR THE CONSTRUCTION OR DEVELOPMENT OF A  CLASS  THREE  GAMING  FACILITY
 PURSUANT TO THIS ARTICLE.
   2.  Notwithstanding  any inconsistent provision of law, gaming author-
 ized at a location pursuant to this article shall be deemed an  approved
 activity  for  such  location  under the relevant city, county, town, or
 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
 
   3. THE REQUIREMENTS SET FORTH IN THIS SECTION SHALL BE IN ADDITION  TO
 THE  REQUIREMENTS  OF  THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY
 REVIEW ACT UNDER ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND
 ITS IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617  AND  ANY
 OTHER GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS THERETO.
   §  4.  The opening paragraph of subdivision b of section 1617-a of the
 tax law, as amended by section 1 of part SS of chapter 60 of the laws of
 2016, is amended to read as follows:
   Such rules and regulations shall provide, as a condition of licensure,
 that racetracks to be licensed are certified to be  in  compliance  with
 all state and local fire and safety codes, that the gaming commission is
 afforded  adequate  space, infrastructure, and amenities consistent with
 industry standards for such video lottery gaming operations as found  at
 racetracks  in  other  states,  that racetrack employees involved in the
 operation of video lottery gaming pursuant to this section are  licensed
 by  the  gaming commission and such other terms and conditions of licen-
 sure as the gaming commission may establish. Notwithstanding any  incon-
 sistent  provision  of law, video lottery gaming at a racetrack pursuant
 to this section shall be deemed an approved activity for such  racetrack
 under  the  relevant  city,  county, town, or village land use or zoning
 ordinances, rules, or regulations  AND  SHALL  BE  IN  ADDITION  TO  THE
 REQUIREMENTS OF THE PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW
 ACT  UNDER  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ITS
 IMPLEMENTING REGULATIONS WHICH ARE CODIFIED IN 6 NYCRR 617 AND ANY OTHER
 GENERAL LAWS RELATING TO LAND USE AND ANY AMENDMENTS HERETO.  No  entity
 licensed  by the gaming commission operating video lottery gaming pursu-
 ant to this section may house such gaming activity in a structure deemed
 or approved by the division as "temporary" for a duration of longer than
 eighteen-months. Nothing in  this  section  shall  prohibit  the  gaming
 commission  from  licensing an entity to operate video lottery gaming at
 an existing racetrack as authorized in this subdivision whether or not a
 different entity is licensed to conduct  horse  racing  and  pari-mutuel
 wagering  at  such  racetrack  pursuant  to  article two or three of the
 racing, pari-mutuel wagering and breeding law.
   § 5. This act shall take effect immediately.

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Senate Bill S2648

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

May 13, 2019 - Racing, Gaming And Wagering Committee Vote

Racing, Gaming And Wagering Committee Vote: May 13, 2019

2019-S2648 (ACTIVE) - Details

2019-S2648 (ACTIVE) - Summary

2019-S2648 (ACTIVE) - Sponsor Memo

2019-S2648 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2648

Share this bill

Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2019-S2648 (ACTIVE) - Details

2019-S2648 (ACTIVE) - Summary

2019-S2648 (ACTIVE) - Sponsor Memo

2019-S2648 (ACTIVE) - Bill Text download pdf

Comments