Pols eye Cuomo's role in gambling bill

ALBANY -- With New York weighing a casino expansion, some rank-and-file legislators said Wednesday that a bill to enact a powerful new commission to oversee gambling in the state cedes too much authority to Gov. Andrew M. Cuomo.

Though they were in the minority, they also said it doesn't provide enough teeth to police the lottery, horse racing, video slot machines and casinos.

"In my opinion, there's not enough independence in the appointments to this new commission," said Sen. Liz Krueger (D-Manhattan). She added that lawmakers "will be very sorry" that they didn't provide the commission with broader powers to investigate wrongdoing and predicted they would have to amend the law soon.

Legislative leaders disputed the notion, saying there was plenty of time to enhance the commission before the state moves forward with casinos. They also said commission members would serve staggered terms, giving them sufficient independence. The Cuomo administration didn't immediately comment.

Assemb. Edward Ra (R-Franklin Square) offered an amendment to double the number of appointments legislators can make to the commission, but it was easily defeated.

The issue came to a head as the Senate and Assembly began passing bills to enact a $132.6 billion state budget for fiscal 2012-13. Legislative leaders and Cuomo reached a budget agreement a day earlier and expect to complete it Friday.

It also comes two weeks after the governor and legislature passed a bill to amend the state constitution to allow non-Indian-run casinos and authorize up to seven privately run casinos. Such an amendment would have to be ratified by voters in a statewide referendum, which could occur no earlier than fall 2013. The new commission would oversee the new casinos.

The commission would be a seven-member panel with five appointments made by the governor, one by the leader of the Senate and one by the head of the Assembly. Combining the powers of several current agencies, it would oversee horse racing, compacts with Indian-run casinos, charitable games, off-track betting and "racinos," which are horse tracks that offer video slots.

Cuomo has criticized the state's current regulatory scheme as fragmented and has promised to present a "comprehensive" and "cohesive" gambling policy.

Ra, the ranking Republican on the Assembly Racing and Wagering Committee, proposed limiting the commission to five members and guaranteeing that each major party could name two apiece. "The basic idea was to put more balance into what will become the gaming commission," he said.

Sen. John Bonacic (R-Mount Hope), chairman of the Racing and Wagering Committee, said Cuomo originally proposed that commission members serve at the governor's will. But under a compromise, members will serve staggered terms of office and must be confirmed by the Senate.

"Without terms, there would be no independence," Bonacic said in an e-mail. "By having an appointment for a term of years with Senate confirmation, the 'checks and balances' system is preserved."

Assembly Speaker Sheldon Silver (D-Manhattan) said lawmakers didn't have to tackle the issue of broadening the commission's investigative powers until voters approve casinos.

"We'll deal with it at the time that it actually becomes a reality," Silver said. Even if voters approve, lawmakers would still have to provide enabling legislation for specific venues.

"No casino can open in this state," he said, "until there's a further act of the legislature."