N.Y. Comp. Codes R. & Regs. tit. 9 § 5.36

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.36 - Executive order no. 36: establishing the new york state task force on casino gambling

WHEREAS, first passage by the State Legislature of an amendment to the State Constitution occurred in 1995 which may authorize regional casino gambling including slot machines, pursuant to a statewide referendum;

WHEREAS, the potential for additional off-reservation casino gambling pursuant to the Federal Indian Gaming Regulatory Act exists in New York State; and

WHEREAS, the State of New York has the responsibility to assess all the potential effects of casino gambling throughout the entire State;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the New York State Task Force on Casino Gambling. The Task Force shall consist of eight members appointed by the Governor. The Chairperson of the Task Force shall be from the private sector. The remainder of the Task Force shall consist of the following members or their designees: the Chairperson of the Racing and Wagering Board, the Commissioner of Taxation and Finance, the Secretary of State, the Executive Deputy Commissioner of the Department of Economic Development, the Commissioner of Parks, Recreation and Historic Preservation, the Commissioner of Criminal Justice Services, and the Executive Director of the Office of Real Property Services.

1. The Task Force shall:

a. Assess the economic impact of casino gambling on New York State and its local governments. The assessment shall include, but is not limited to, an analysis of which regions in the State may be best suited for economically viable casinos; what effect commercial casino legalization shall have on Indian gaming and State relations with Indian nations; to what extent casino gambling may help revive tourism in the Catskills and Western New York; and the costs, direct and indirect, of casino gambling to the State and local host communities;

b. Analyze the various methods of potential direct taxation and fee assessment on revenues derived from casino gambling for the State and/or its localities. The analysis should include an assessment of the indirect taxes, such as witholding taxes or sales taxes, which may be expected by the State and host local governments;

c. Determine the most appropriate system for the State to regulate all aspects of casino licensing approval and operations, and the probable cost of such regulation;

d. Determine to what degree the horse racing industry, including Off Track Betting Corporations, and the State Lottery shall be affected by casino gambling legalization;

e. Evaluate what direct, on-site and and off-site, permanent employment from gaming could be expected, including but not limited to, the kinds and number of jobs which shall be created;

f. Analyze the impact of casino gambling on peripheral businesses where a casino may be located. The analysis should include an assessment on how casino gambling affects the costs of doing business in a locality;

g. Evaluate the impact of casino gambling on crime within the local communities where a casino may be located; and h. Assess the effect of casino gambling on the ability of benevolent and religious organizations to fundraise.

2. The Task Force shall report to the Governor on its findings and make recommendations to the Governor no later than August 1, 1996.

3. The Task Force is hereby authorized to call upon any agency, department, office, or division of this State to supply it with data and other information, personnel and assistance as they deem necessary to discharge their responsibilities under this Order.

Signed: George E. PatakiDated: May 2, 1996

WHEREAS, the New York State Task Force on Casino Gambling established by Executive Order No. 36 dated May 2, 1996, has requested additional time beyond August 1, 1996 for further analysis in the area of Indian gaming in New York State; and

WHEREAS, a new 1996 study on the prevalence of pathological gambling in New York State is expected during August 1996, which the Task Force requests time to review; and

WHEREAS, the Task Force has provided good cause as to why completion of its analysis was not possible by August 1, 1996; and

WHEREAS, it is in the best interest of the State that the findings and recommendations of the Task Force be thorough and complete.

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order No. 36 dated May 2, 1996, except that subdivision two of such Executive Order is amended to read as follows: The Task Force shall report to the Governor on its findings and make recommendations to the Governor no later than August 30, 1996.

Signed: George E. PatakiDated: July 31, 1996

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.36