Bill Text: NY A04594 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to video lottery gaming in the counties of Suffolk and Nassau.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to racing and wagering [A04594 Detail]

Download: New_York-2019-A04594-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4594
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering
        AN ACT to amend the tax law, in relation to video lottery gaming in  the
          counties  of  Suffolk  and Nassau; and to repeal certain provisions of
          such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph 4 of subdivision a of section 1617-a of the tax
     2  law is REPEALED.
     3    § 2. Clause (G-1) of subparagraph (ii) of paragraph 1 of subdivision b
     4  of section 1612 of the tax law is REPEALED.
     5    § 3. Subparagraph (iii) of paragraph 1 of  subdivision  b  of  section
     6  1612  of  the  tax law, as separately amended by chapters 174 and 175 of
     7  the laws of 2013, is amended to read as follows:
     8    (iii) less an additional vendor's marketing allowance at a rate of ten
     9  percent for the first one hundred million  dollars  annually  and  eight
    10  percent  thereafter  of  the  total  revenue wagered at the vendor track
    11  after payout for prizes to be used by the vendor track for the marketing
    12  and promotion and associated costs of its  video  lottery  gaming  oper-
    13  ations  and  pari-mutuel  horse  racing  operations, as long as any such
    14  costs associated with pari-mutuel horse racing operations simultaneously
    15  encourage increased attendance at such  vendor's  video  lottery  gaming
    16  facilities, consistent with the customary manner of marketing comparable
    17  operations in the industry and subject to the overall supervision of the
    18  division;  provided,  however,  that  the  additional vendor's marketing
    19  allowance shall not exceed eight percent in any year for any operator of
    20  a racetrack located in the county of Westchester  or  Queens;  provided,
    21  however,  a  vendor  track that receives a vendor fee pursuant to clause
    22  (G) of subparagraph (ii) of this paragraph shall not receive  the  addi-
    23  tional  vendor's  marketing  allowance;  provided, however, except for a
    24  vendor track located west of State Route 14  from  Sodus  Point  to  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09013-01-9
        A. 4594                             2
     1  Pennsylvania  border within New York shall continue to receive a market-
     2  ing allowance of ten percent on total  revenue  wagered  at  the  vendor
     3  track  after  payout for prizes in excess of one hundred million dollars
     4  annually  [provided, however, a vendor that receives a vendor fee pursu-
     5  ant to clause (G-1) of subparagraph (ii) of this paragraph shall receive
     6  an additional marketing allowance at a rate of ten percent of the  total
     7  revenue  wagered  at  the video lottery gaming facility after payout for
     8  prizes. In establishing the vendor fee,].
     9    § 4. Paragraph 2 of subdivision b of section 1612 of the tax  law,  as
    10  amended  by  section  1 of part OO of chapter 59 of the laws of 2014, is
    11  amended to read as follows:
    12    2. As consideration for the operation of a video lottery gaming facil-
    13  ity, the division, shall cause the investment in the racing industry  of
    14  a  portion  of the vendor fee received pursuant to paragraph one of this
    15  subdivision in the manner set forth  in  this  subdivision.    With  the
    16  exception  of  Aqueduct racetrack [or a facility in the county of Nassau
    17  or Suffolk operated by a corporation  established  pursuant  to  section
    18  five  hundred two of the racing, pari-mutuel wagering and breeding law],
    19  each such track shall dedicate a portion of its  vendor  fees,  received
    20  pursuant  to clause (A), (B), (C), (D), (E), (F), or (G) of subparagraph
    21  (ii) of paragraph one of this subdivision, for the purpose of  enhancing
    22  purses  at  such  track,  in an amount equal to eight and three-quarters
    23  percent of the total revenue wagered at the vendor track after  pay  out
    24  for  prizes.  One  percent  of  the  gross  purse enhancement amount, as
    25  required by this subdivision, shall be paid to the gaming commission  to
    26  be  used  exclusively  to promote and ensure equine health and safety in
    27  New York. Any portion of such funding to the  gaming  commission  unused
    28  during a fiscal year shall be returned to the video lottery gaming oper-
    29  ators  on  a  pro  rata  basis in accordance with the amounts originally
    30  contributed by each operator and  shall  be  used  for  the  purpose  of
    31  enhancing  purses  at  such track. One and one-half percent of the gross
    32  purse enhancement amount at a thoroughbred track, as  required  by  this
    33  subdivision, shall be paid to an account established pursuant to section
    34  two  hundred twenty-one-a of the racing, pari-mutuel wagering and breed-
    35  ing law to be used exclusively to provide health insurance for  jockeys.
    36  In  addition,  with the exception of Aqueduct racetrack or a facility in
    37  the county of Nassau or Suffolk operated by  a  corporation  established
    38  pursuant to section five hundred two of the racing, pari-mutuel wagering
    39  and  breeding  law, one and one-quarter percent of total revenue wagered
    40  at the vendor track after pay  out  for  prizes,  received  pursuant  to
    41  clause  (A),  (B),  (C),  (D),  (E), (F), or (G) of subparagraph (ii) of
    42  paragraph one of this subdivision, shall be distributed to the appropri-
    43  ate breeding fund for the manner of racing conducted by such track.
    44    Provided, further, that nothing in this paragraph shall  prevent  each
    45  track  from  entering  into an agreement, not to exceed five years, with
    46  the organization authorized to represent its  horsemen  to  increase  or
    47  decrease  the portion of its vendor fee dedicated to enhancing purses at
    48  such track during the years of participation by such track, or  to  race
    49  fewer dates than required herein.
    50    § 5. Subdivision f-1 of section 1612 of the tax law is REPEALED.
    51    § 6. This act shall take effect immediately.