US Laws, Codes, Statutes & Cases

 
    §   258.  Capital  improvement  programs.  1.  The  non-profit  racing
  association holding a franchise to conduct races and  race  meetings  at
  the  thoroughbred  racing  facilities located in Queens county, Saratoga
  county and jointly in Nassau and Queens counties and  known  as  Belmont
  Park  racetrack,  Aqueduct racetrack and Saratoga thoroughbred racetrack
  shall submit to the board on or before November first, nineteen  hundred
  eighty-three  a capital plan and timetable for the five years commencing
  November fifteenth, nineteen  hundred  eighty-three,  and  shall  on  or
  before  each  October first thereafter submit such capital plans for the
  five year period commencing January first of the following  year.    The
  submission  of  such  plans as required herein shall satisfy the capital
  expenditure plan submission requirements of subdivision three of section
  two hundred eight of this chapter, but such submission shall not relieve
  the  director  of  the  budget  of  his  responsibilities   under   such
  subdivision  for determining that any borrowings contemplated to finance
  such plans can reasonably be expected to be repaid by  such  association
  within  the  term  of  its franchise and the provisions of existing law.
  Such capital plan shall be accompanied by  a  report,  copies  of  which
  shall  also be submitted to the governor, the temporary president of the
  senate, the speaker of the assembly, the director  of  the  budget,  the
  state  tax  commissioner,  the  state  racing  and  wagering  board, the
  chairman of the finance committee of the senate, and the chairman of the
  ways and means  committee  of  the  assembly,  indicating  whether  such
  non-profit  racing  association  anticipates  that  during  the  ensuing
  calendar year it will be able to make, in full, all of the  payments  to
  the  fund  required  by  section two hundred twenty-nine of this chapter
  without preventing it from making all of the payments it is required  by
  such  sections  to  make  to  the  state,  and  meeting all of the other
  obligations it anticipates having to meet during such year pursuant to a
  budget which has been adopted in accordance with, and which is otherwise
  in conformance with, the provisions of subdivision ten  of  section  two
  hundred  eight  of  this  chapter.  In  any  such  report  in which such
  association indicates that it anticipates that it will not  be  able  to
  make  any  such payments, it may apply to the fund for a deferral of all
  or a portion of the payments due to the fund pursuant to this section or
  pursuant to section two hundred twenty-nine of this chapter. Approval of
  such an application shall not be unreasonably withheld by  the  fund  if
  the  association  is  in compliance with the requirements established by
  this section in regard to such  deferrals.  The  total  amount  of  such
  deferrals  in  any  year  may  not exceed the difference between (i) the
  total amount of the payments which would otherwise be due to  the  state
  during   such  year  and  the  total  amount  of  its  other  legitimate
  obligations during such year; and (ii) the  total  amount  available  to
  such association to make such payments and to meet such obligations.
    2.  If  submitted,  the  capital  plan  shall  describe  each  capital
  improvement proposed to be initiated in each of the years covered by the
  plan. The plan shall also set forth an estimate  of  the  cost  of  each
  capital  improvement  and  the total amount of moneys required each year
  from the fund. The submitted capital plan shall be designed to  maintain
  the  viability  of  the thoroughbred racing enterprise in this state and
  shall set forth  the  objectives  of  such  plan  and  how  the  capital
  improvements  included  in  such  plan will encourage the fulfillment of
  such objectives in accordance with subdivision five of this section.
    3. The timetable shall set forth the schedule according to which  such
  association  proposes  to undertake each capital improvement included in
  the capital plan. Also included shall be the status of implementation of
  each capital improvement, included in previously approved  plans,  which
  has not yet been completed.
    4.  The capital improvements included in the plan shall be itemized as
  follows:
    (a) grandstand and clubhouse;
    (b) equipment;
    (c) track and infield;
    (d) backstretch and paddock facilities;
    (e) parking and roadways;
    (f) other.
    5.  No  capital  improvement  shall be included in the capital plan as
  submitted by such non-profit racing association or be  approved  by  the
  board  unless  it shall contribute to the enhancement or preservation of
  the long term viability of thoroughbred racing in this state.
    6. Each capital plan shall set  forth  how  each  capital  improvement
  included therein will contribute to this goal through the achievement of
  specific objectives including but not limited to:
    (a) increase in on-track and off-track handle;
    (b) increase in attendance;
    (c) enhancement of employee productivity;
    (d) cost reduction;
    (e) enhancement  of  the safety, convenience and comfort of the people
  attending the races;
    (f) compliance with health, safety and legal obligations;
    (g) improvement of the overall image of  thoroughbred  racing  in  the
  state.
    7. The board may approve or reject the plan or timetable as a whole or
  in  part  within  thirty  days  after  the submission of the plan. In so
  approving or rejecting,  the  board  shall  give  consideration  to  the
  revenues  available  to  the  fund  for  the  financing  of  the capital
  improvements involved, the objectives of such plan and how  the  capital
  improvements included in such plan will encourage the fulfillment of the
  provisions  of  section  nine  of  article one of the state constitution
  which requires that pari-mutuel betting on horse racing be conducted  in
  a  manner  that  will  provide  a  reasonable revenue for the support of
  government, and will generally maintain or enhance  thoroughbred  racing
  in the state.
    8. If rejected, in whole or in part, the non-profit racing association
  may  resubmit  its  revised plan or timetable at any time. Within thirty
  days after resubmission, the board shall notify  the  non-profit  racing
  association of its approval or rejection.
    9.  The board may establish such procedures and guidelines as it deems
  necessary and appropriate including but not limited  to  procedures  and
  guidelines  covering  the  supporting materials to be included with each
  capital plan  and  the  procedures  to  be  utilized  by  the  board  in
  monitoring  the  progress  of  the  association in implementing approved
  capital plans and any recommendations made by the  racing  and  wagering
  board  after  consulation  with  jockey's and horsemen's representatives
  relating to health and safety conditions of the area  commonly  referred
  to as the backstretch as well as the track itself.
    10.  In  reviewing  and  acting  upon  any  capital  plan submitted in
  accordance with the provisions of this section, the board may rely  upon
  any reports and studies prepared by or at the request of the state, such
  non-profit  racing  association  or the fund, the recommendations of the
  racing and wagering board based on the results of  physical  inspections
  and  upon  any and all other evidence and information which it considers
  relevant.
    11. Notwithstanding section two hundred thirty-nine of this chapter or
  any other provisions of law, the board shall  exercise  the  powers  and
  duties  of  the  racing  and wagering board granted by such section with
  respect to capital improvements authorized pursuant to the provisions of
  this article, and no application to nor approval  from  the  racing  and
  wagering board shall be required for any capital improvements authorized
  pursuant to the provisions of this article.
    12.  Excluding  capital  improvements  made  by  a  non-profit  racing
  association in connection with, or  in  furtherance  of,  video  lottery
  gaming  as  authorized by section sixteen hundred seventeen-a of the tax
  law, for the duration of any pari-mutuel  tax  reduction  authorized  by
  paragraph  (a)  of subdivision one of section two hundred twenty-nine of
  this article, the capital improvement plan accepted by  the  fund  shall
  include  improvements to the backstretch area amounting to not less than
  twenty-five percent of the value of all such  planned  improvements  for
  the year when such reduced tax is in effect.