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Sponsors
History
- Referred to racing, gaming and wagering
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the casino siting home rule
In Assembly Committee · Racing And Wagering · Sponsor Didi Barrett
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6433
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.
Read the full memo (610 words)
In addition, the bill amends Article 13 to make explicit that construction of any casino or destination resort affiliated with a casino 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 municipalities.
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 notwithstanding local opposition.
This bill would amend the enabling legislation 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 casino siting. Massachusetts, which also recently passed legislation authorizing casinos, has strong, clear language regarding the right of localities 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 environmental impacts of any casino are fully identified and mitigated, the bill subjects the siting or all casinos to the state environmental quality review act.
Prior legislative history
None
Fiscal implication
None
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.