Legislative Bill Drafting Commission 12247-02-0

S.

Senate

IN SENATE--Introduced by Sen

--read twice and ordered printed, and when printed to be committed to the Committee on

-------- A ..

Assembly

IN ASSEMBLY--Introduced by M. of A.

with M. of A. as co-sponsors

--read once and referred to the Committee on

*APPR*

(Provides for loans to the New York Racing Association, Inc. and the repayment thereof on or before March 31, 2011)

Loan to NYRA, repayment

AN ACT

making appropriations

support of government

for

the

The People of

of

the

State

New

York, represented in Senate

and

Assembly, do enact as follows:

IN SENATE __

Senate introducer's signature

of this proposal

The senators whose name.s are. circled be-low 'Wish to jo:;i_p. me in the sponsorship

&20 MblnS

s15 Addabbo

s:55 Alesi

842 accecac

646 BresliD.

s50 DeFranc.isco

.532 Diaz

517 Dilan

629 Duane

833 Espada

8-44 Farley

1302 Flanagall

503 Foley

062-4 Lanz,f!.

sDS P\Js-chillo 839 Larkin

540 Leibell

62.:2 Gold.en sO 1 LaValle

547 Griffo

s06 Hannon

536 HaBsel1-

'l'hampBon

&1.0 Huntl.ey

852 l"ibOUB

El45 Little

B 05 Marcellino

s62 Maziarz

607 Jo!:mBonr C. s43 McDonald

s38 Mor.ahan

S04 Johnson. O. ala Montgomery

854 Nozzolio

&34 Klein

626 Krueger

s27 Kruger

a1:2 Ono::at:.o

·s37 Oppenheimer

921 Parke.r

513 Peral. ta

530 Perkins

656 Robach

s41 Saland

s19 Sampson

s09 Skelos

.s14 Smith

825 Squadron

sse Stach.awski

s1.6 Stavisky

s35 Stewart-

Cousins

823 Savino s59" Vo.1ke:r

s60 ,}!~,o~son •• 4~sky

ss 1 Sr::b.neiderman "653 Winner

sSl Seward

s2B Serrano .95'1 Young

IN ASSEMBLY __

Assembly intr-o(1u(!e~' e signature

Tbe Members of the Aasembly whose names are circled below wish to Join me in tbe

aOOl Alessi

mult.i-sponsorship of this p;:-OPOBal~

a{J28 Hevesi

a049 Abbate

a02l Alfano

al05 Amedore

a084 Ar;rQYO

a035 Aubry

a136 Bacalles

aC99 Ball

a1.24 Barclay

a014 Barra

aD40 Barron

a082 Benedetto

1'1.01 9 Be.nj~n

a073 Bing

a05S Boyland

<"1009 Boyle

a044 Brennan

aO 9~ Brodsky

a{110 Conte

a032 Cook

8,142 Ccrwin

a08S Crespo

al.07 Croucb

a063 CUs.ick

aDS3 Heastie

aOlB Hooper

a04S CymlJrowitz aD42 Jacobs

801-44 Hoyt

.,.022 Meng

ao 67 Rosenthal

al02 M11ler~ :J. a116 Russell

a038 Hille.rl M.. a012 Saladino

8.052 Milllnan

80113 Sayward

a103 Molinaro a02 9 Searbo~o\lgb

.".14"0 Sc:bimmiD.ger

aC60 Hyer-Spenc:er a01S Mont.esano a01.6 Schimel

a145 Schroeder

a116 Desti to

a13 e PelMonte a095 Jaffee

a131 John

aD34 DenDekker aD57 Je.ffries

a061 Dingwitz

al14 Duprey

al1.2 JOJ:'dan

a004 Bnglebright a065 Kellner

a074 Kav.anagh

a1.30 Br.:cigo .e;a129 Kolb

a072 Espaillat a135 zcon

~071 Farrell a02S Lanc:man

aD05 Fie.lds a0.91 La.timer

a123 Finch aD13 Lavine

a046 BrC~k-Krasny .a007 Fitzpatrick i.'I.OSO Leotol

a147 Burling

all7 Butl.er

a10l Cahill

a0516 Calhoun

a043 Camara

al.43 Gabryszak a125 Lifton

a090 Galef

a036 Gianaris

a077 Gibson

aO 99 C~5telli

al06 Ca.nestrari (1149 Giglio

a056 Glick

a026 Carrozza

a086 Ca.stro

aaoa Gordon

a126 Lupardo

a111 Magee

a132 Morella

a003 Murray

a0.37 Nolan

a128 Oaks a064 Silver

a1.22 scceseeeve

$.13 .... O'lo[ara

a069 O'Donnell alOO Skartados

a093 Spano

aDSl Orti2:

alSO Parment aOll Sweeney

al.21 Stiqle

aoeB Paulin a.110 'reetscc

a141 Peoples - a002 Thiele.

a023 Pheffer

Stokes a061 Titone

aO 62 'rcbaccc

a05S Perry a031 Titus

a066 Powell

aO 87 l'retlow

a146" Quinn

a097 Rabbitt

a009 Raia

al.20 !oI"agnarelli a006 Ramos

a.134 Reilich

a0.59 Maisel

aD30 Markey

a075 Gottfried a027 Mayersohn

a019 MCDonough

a119 Christensen a098 Gu:ather

~03 3 Clark a~3 9 Hawley

a047 Calton al'HI Ha.yes

al04 McEneny

a017 HclCevi tt

alO.9 Reilly

a078 Rivera. J.

",080 Rivera. N_

a076 Rivera. P,

aD.56 Robinson

a054 Towns

al1.5 't'o\ffisend

aD41 Wei:nst.E!in

aO;:: 0 weisenberg

a024 WepriUr D.

a070 Wright

a094 Zebrowski

a039

1) Single House Bill {introduced and printed separlltaly in either or both

houaes l , Uni-Bill (introduced. simUltaneously in both houses and print.ed I.!S one

bill. Senate and ABsembly introducer sigrl. the same copy of the billl .

2) Circle names of co-sponsors and return 'to introduction clerk with 2 signed

copies of :Oil.! and 4 copies of memorandum in support (single house) 1 or 4 signed

copies of hill end a copies of memorandum. in support (uni-bill).

LBDC 03/17/10

OS/24/10

2

12247-02-0

1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the enactment of these appropriations provides sufficient 3 authority to the comptroller for the purposes of making payments for the 4 purposes described herein.

5 NEW YORK STATE URBAN DEVELOPMENT CORPORATION

6 STATE OPERATIONS AND AID TO LOCALITIES

7 ECONOMIC DEVELOPMENT PROGRAM

8 General Fund / Aid to Localities 9 Local Assistance Account - 001

10 For services and expenses of a working capital loan to

11 the New York Racing Association, Inc. for expenses at

12 Aqueduct, Belmont and Saratoga racetracks. Such moneys

13 shall be repaid by the New York Racing Association,

14 Inc. by the earlier of March 31, 2011 or 30 days after

15 the execution of a memorandum of understanding with

16 the operator of a video lottery facility at Aqueduct

17 racetrack pursuant to subdivision e of section 1612 of

18 the tax law.

19 Notwithstanding any other law to the contrary, in the

20 event that the New York Racing Association does not

21 repay such moneys by the earlier of March 31, 2011 or

22 30 days after the execution of a memorandum of under-

23 standing with the operator of a video lottery facility

24 at Aqueduct racetrack pursuant to subdivision e of

OS/24/10

3

1 section 1612 of the tax law, the division of the

2 lottery shall repay such moneys, in accordance with a

3 plan approved by the director of the division of the

4 Budget, from portions of the vendor fee that would

5 otherwise be due on or after that date to the New York

6 Racing Association, Inc. pursuant to paragraphs 3 and

7 4 of subdivision f of section 1612 of the tax law on

8 account of video lottery revenues from a video lottery

9

facility at Aqueduct racetrack. The division

of

10 lottery shall report upon any such approved repayment

11 plan, including information detailing the progress of

12 repayment of loan liabilities, to the governor, the

13 temporary president of the senate, and the speaker of

14 the assembly quarterly until such loan is fully repaid

15

12247-02-0

16 --------------

25,000,000

17 NEW YORK STATE URBAN DEVELOPMENT CORPORATION

18 CAPITAL PROJECTS - REAPPROPRIATIONS 2009-10

19 ECONOMIC DEVELOPMENT (CCP)

20 Miscellaneous Capital Projects Fund - 387

21 New York Racing Account

22 The appropriation made by chapter 18, section 104, of the laws of 2008,

23 is hereby amended and reappropriated to read:

OS/24/10

4

12247-02-0

1 For additional services and expenses related to payments for capital

2 works or purposes, including, but not limited to, costs for the

3 design, acquisition, construction and equipment of such structures

4 as may be necessary to properly house video lottery terminal gaming

5 at Aqueduct racetrack including, but not limited to, the costs of

6 property acquisition, studies, appraisals, surveys, testing, envi-

7

ronmental

impact

statements, infrastructure, facility design,

8 construction and equipment, cost of leasing space, professional fees

9 and costs of issuance, as authorized pursuant to a chapter of the

10 laws of 2008. Provided, however, that these funds may be suballo-

11 cated or transferred to any department, agency, or public authority

12 ( 91AQO 809) ... [ 250 , 000 , 000 ) 225, 000 , 000 •••••••••••...........•....

13 ,., •••••••• (re. '$22S,OOO,OOO)

14 CONTINGENT AND OTHER APPROPRIATIONS

15 NEW YORK STATE URBAN DEVELOPMENT CORPORATION

16 CAPITAL PROJECTS

17 ECONOMIC DEVELOPMENT (CCP)

18 Miscellaneous Capital Projects Fund - 387 19 New York Racing Account

20 Notwithstanding any inconsistent provision of law, the

21 following appropriation is hereby made to the New York

22 state urban development corporation for services and

OS/24/10

5

1 expenses related to payments for capital works or

2 purposes, including, but not limited to, costs for the

3 design, acquisition, construction and equipment of such

4 structures as may be necessary to properly house video

5 lottery terminal gaming at Aqueduct racetrack including,

6 but not limited to, the costs of property acquisition,

7 studies, appraisals, surveys, testing, environmental

8

impact statements, infrastructure, facility

design,

9 construction and equipment, cost of leasing space,

10 professional fees and costs of issuance, as authorized

11 pursuant to chapter 18 of the laws of 2008, as amended

12 by chapter 140 of the laws of 2008. No moneys of the

13 state in the state treasury or any of its funds shall be

14 expended from this appropriation, and no state-supported

15 debt shall be issued to finance the purposes of this

16 appropriation, until a working capital loan, as author-

17 ized pursuant to a chapter of the laws of 2010, is

18 repaid to the state's general fund by the earlier of

19 March 31, 2011 or 30 days after the execution of a memo-

20 randum of understanding with the operator of a video

21 lottery facility at Aqueduct racetrack pursuant to

22 subdivision e of section 1612 of the tax law, or, a

23 repayment plan is approved by the director of the divi-

24 sion of the Budget providing for such repayment from

25 portions of the vendor fee that would otherwise be due

26 on or after that date to the New York Racing Associ-

27 ation, Inc. pursuant to paragraphs 3 and 4 of subdivi-

28 sian f of section 1612 of the tax law on account of

12247-02-0

OS/24/10

6

1 video lottery revenues from a video lottery facility at

2 Aqueduct racetrack. The division of lottery shall report

3 upon any such approved repayment plan, including infor-

4 mation detailing the progress of repayment of loan

5 liabilities, to the governor, the temporary president of

6 the senate, and the speaker of the assembly quarterly

7 until such loan is fully repaid. These funds may be

8 suballocated or transferred to any department, agency,

9

or public authority

10 --------------

25,000,000

11 S 2. This act shall take effect immediately.

12247-02-0

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