What's happening
This bill requires local laws or resolutions from both host municipalities and counties for casino siting, strengthens local control, and clarifies land use and zoning requirements.
Why it matters
Empowers local governments with formal veto power. By requiring both the host municipality and the county to pass local laws or resolutions in support before a casino can be sited, the bill gives local communities a decisive say and prevents casinos from being imposed solely by state or outside interests.
Eliminates ambiguity in demonstrating local support. Previous law allowed public comment or less formal measures to show local support; the amendment now mandates formal legislative action, ensuring a clear, traceable process and potentially making it harder for casino projects to bypass local opposition.
Prevents state or agencies from seizing land for casinos. The bill explicitly prohibits the state or its agencies from acquiring land for casino development, limiting casino expansion to voluntary, locally approved projects and safeguarding against the use of eminent domain for gambling interests.
Clarifies and strengthens land use protections. By specifying that casino siting is subject to all existing environmental, land use, and zoning laws (including the State Environmental Quality Review Act), the legislation ensures that casino developments undergo thorough local and environmental review, potentially addressing community and environmental concerns more effectively.
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Who cares
Headline styles
Let Towns Approve Casinos
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to racing, gaming and wagering
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.656
- Referred to racing, gaming and wagering
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Wagering
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 Assembly, 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 authorized 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 licensure as the gaming commission may establish. Notwithstanding any inconsistent 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 pursuant 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (639 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.