Legislative Bill Drafting Commission: 12264-01-6
Legislative Bill Drafting Commission
12264-01-6
S. --------
Senate
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
-------- A.
Assembly
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IN ASSEMBLY--Introduced by M. of A.
with M. of A. as co-sponsors
--read once and referred to the
Committee on
*BUDGBI*
(Budgbi - makes appropriation for
the support of government)
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NYRA Approp.
AN ACT
to amend chapter 55 of the laws of
2005, making appropriations for the
support of government
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows: 2 12264-01-6
1 Section 1. Section 1 of chapter 55 of the laws of 2005, enacting the
2 transportation, economic development and environmental conservation
3 budget, is amended by repealing the items hereinbelow set forth in
4 brackets and by adding to such section the other items underscored in
5 this section.
6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
7 STATE OPERATIONS AND AID TO LOCALITIES 2005-06
8 NON-PROFIT RACING ASSOCIATION OVERSIGHT BOARD
9 For payment according to the following schedule:
10 APPROPRIATIONS REAPPROPRIATIONS
11 Special Revenue Funds - Other ...... 20,000,000 0
12 ---------------- ----------------
13 All Funds ........................ 20,000,000 0
14 ================ ================
15 AGENCY BUDGET SUMMARY OF NEW APPROPRIATIONS
16 State Aid to Capital
17 Fund Type Operations Localities Projects Total
18 ------------ -------------- -------------- -------------- --------------
19 SR-Other 20,000,000 0 0 20,000,000
3 12264-01-6
1 -------------- -------------- -------------- --------------
2 All Funds 20,000,000 0 0 20,000,000
3 ============== ============== ============== ==============
4 SCHEDULE
5 OVERSIGHT ADVANCE FUND PROGRAM .............................. 20,000,000
6 --------------
7 Special Revenue Funds - Other / State Operations
8 State Lottery Fund - 160
9 State Lottery Account
10 The amount of twenty million dollars
11 ($20,000,000) is hereby appropriated from
12 the state lottery fund (160) adminis-
13 tration account (04) to the non-profit
14 racing association oversight board estab-
15 lished pursuant to section 208-b of the
16 racing, pari-mutuel wagering and breeding
17 law to be disbursed by such non-profit
18 association oversight board to the non-
19 profit racing association to finance
20 services and expenses associated with the
21 operation of the racetracks commonly known
22 as Aqueduct racetrack, Belmont Park race-
23 track and Saratoga thoroughbred racetrack,
24 such disbursements shall constitute
4 12264-01-6
1 prepayments of vendor fees and the addi-
2 tional vendor's marketing allowance
3 authorized by chapter 61 of the laws of
4 2005, to facilitate the timely opening of
5 a video lottery terminal facility at Aque-
6 duct racetrack authorized by chapter 383
7 of the laws of 2001; provided, however,
8 that, consistent with a memorandum of
9 understanding entered into on December 30,
10 2005, by the director of the budget, chair
11 of the non-profit racing association over-
12 sight board and president of a non-profit
13 racing association, the non-profit racing
14 oversight board shall, prior to making any
15 disbursement to the non-profit racing
16 association, consider and be satisfied
17 that such non-profit racing association
18 has and continues to fulfill the following
19 commitments to: (1) by January 31, 2006,
20 develop a cash management plan which in
21 the judgment of the non-profit racing
22 oversight board provides a reasonable
23 expectation that available cash will cover
24 necessary expenses of a non-profit racing
25 association through December 31, 2006; (2)
26 by January 31, 2006, develop a plan of
27 action necessary to reduce, to the extent
28 practicable, operating costs in the calen-
5 12264-01-6
1 dar year two thousand six by an amount
2 deemed appropriate by the non-profit
3 racing association oversight board to be
4 based upon a review of non-profit racing
5 association expenditures; (3) diligently
6 explore sale of its equity interest in
7 "Equibase"; (4) on an expedited basis,
8 make application to the state racing and
9 wagering board to increase certain
10 retention rates on wagers by at least one
11 percent (1%); (5) reevaluate, in consulta-
12 tion with the non-profit racing associ-
13 ation oversight board, the rates of each
14 simulcast contract and potentially renego-
15 tiate such rates of exchange for those
16 contracts; and (6) provide access to a
17 non-profit racing association oversight
18 board representative to review cash,
19 accounting records and expenditures on a
20 real time and continuing basis (including
21 on-site auditor reporting directly to such
22 oversight board). Any funds advanced by
23 the non-profit racing association over-
24 sight board as prepayments of the vendor
25 fees or the additional vendor's marketing
26 allowance shall be repaid with interest
27 (to accrue at a rate of four percent (4%)
28 per annum) to the state lottery fund
6 12264-01-6
1 administration account from vendor fees
2 and the additional vendor's marketing
3 allowance authorized by chapter 61 of the
4 laws of 2005, commencing with the first
5 day of operation of such video lottery
6 terminal facility at Aqueduct racetrack,
7 pursuant to a plan developed by the non-
8 profit racing association oversight board;
9 provided, however, that such plan shall
10 require, without limitation, any vendor of
11 such facility to return to the state
12 lottery fund administration account up to
13 twenty percent (20%) of the vendor's fee
14 and fifty percent (50%) of the additional
15 vendor's marketing allowance authorized by
16 chapter 61 of the laws of 2005 that such
17 vendor generates through the operation of
18 such video lottery terminal facility at
19 Aqueduct racetrack. Notwithstanding any
20 provision of law to the contrary, any such
21 vendor or operator shall continue to
22 return such percentage of the vendors fees
23 to the state lottery fund administration
24 account until such time as the amount
25 returned to such account equals the amount
26 of the vendor's fee prepaid to the track
27 operator by the non-profit racing associ-
28 ation oversight board, plus interest;
7 12264-01-6
1 provided, however, that the full amount of
2 the vendor's fee prepaid to the track
3 operator, plus interest, shall be returned
4 to the division of the lottery no later
5 than December 31, 2007 ...................... 20,000,000
6 ==============
7 Total new appropriations for state operations and aid to
8 localities .............................................. 20,000,000
9 ==============
10 § 2. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after April 1, 2005.