Bill Text: NY A06000 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to vendor fees for video lottery gaming for certain vendor tracks located within Oneida county, within fifteen miles of a Native American class III gaming facility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A06000 Detail]
Download: New_York-2019-A06000-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6000 2019-2020 Regular Sessions IN ASSEMBLY February 26, 2019 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Ways and Means AN ACT to amend the tax law, in relation to vendor fees for video lottery gaming The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph 1 of subdivision b of 2 section 1612 of the tax law is amended by adding a new clause (F-1) to 3 read as follows: 4 (F-1) notwithstanding clauses (A), (B), (C), (D), (E) and (F) of this 5 subparagraph, when the vendor track is located within Oneida county, is 6 within fifteen miles of a Native American class III gaming facility, and 7 maintains at least ninety percent of full time equivalent employees as 8 they employed in the year two thousand sixteen, as determined by the 9 gaming commission, at a rate of fifty-five percent for the first thirty 10 million dollars annually, and forty-one percent thereafter of the total 11 revenue wagered at the vendor track after payout for prizes pursuant to 12 this chapter; 13 § 2. Clause (H) of subparagraph (ii) of paragraph 1 of subdivision b 14 of section 1612 of the tax law, as amended by section 1 of part TT of 15 chapter 59 of the laws of 2018, is amended to read as follows: 16 (H) notwithstanding clauses (A), (B), (C), (D), (E), (F) and (G) of 17 this subparagraph, the track operator of a vendor track and in the case 18 of Aqueduct, the video lottery terminal facility operator, shall be 19 eligible for a vendor's capital award of up to four percent of the total 20 revenue wagered at the vendor track after payout for prizes pursuant to 21 this chapter, which shall be used exclusively for capital project 22 investments to improve the facilities of the vendor track which promote 23 or encourage increased attendance at the video lottery gaming facility 24 including, but not limited to hotels, other lodging facilities, enter- 25 tainment facilities, retail facilities, dining facilities, events EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09967-01-9A. 6000 2 1 arenas, parking garages and other improvements that enhance facility 2 amenities; provided that such capital investments shall be approved by 3 the division, in consultation with the gaming commission, and that such 4 vendor track demonstrates that such capital expenditures will increase 5 patronage at such vendor track's facilities and increase the amount of 6 revenue generated to support state education programs. The annual amount 7 of such vendor's capital awards that a vendor track shall be eligible to 8 receive shall be limited to two million five hundred thousand dollars, 9 except for Aqueduct racetrack, for which there shall be no annual limit, 10 provided, however, that any such capital award for the Aqueduct video 11 lottery terminal facility operator shall be one percent of the total 12 revenue wagered at the video lottery terminal facility after payout for 13 prizes pursuant to this chapter until the earlier of the designation of 14 one thousand video lottery devices as hosted pursuant to paragraph four 15 of subdivision a of section sixteen hundred seventeen-a of this chapter 16 or April first, two thousand nineteen and shall then be four percent of 17 the total revenue wagered at the video lottery terminal facility after 18 payout for prizes pursuant to this chapter, provided, further, that such 19 capital award shall only be provided pursuant to an agreement with the 20 operator to construct an expansion of the facility, hotel, and conven- 21 tion and exhibition space requiring a minimum capital investment of 22 three hundred million dollars. Except for tracks having less than one 23 thousand nine hundred video gaming machines, and except for a vendor 24 track located west of State Route 14 from Sodus Point to the Pennsylva- 25 nia border within New York, and except for Aqueduct racetrack each track 26 operator shall be required to co-invest an amount of capital expenditure 27 equal to its cumulative vendor's capital award. For all tracks the 28 amount of any vendor's capital award that is not used during any one 29 year period may be carried over into subsequent years ending before 30 April first, two thousand nineteen. Any amount attributable to a capital 31 expenditure approved prior to April first, two thousand nineteen and 32 completed before April first, two thousand twenty-one; or approved prior 33 to April first, two thousand twenty-three and completed before April 34 first, two thousand twenty-five for a vendor track located west of State 35 Route 14 from Sodus Point to the Pennsylvania border within New York, 36 shall be eligible to receive the vendor's capital award. In the event 37 that a vendor track's capital expenditures, approved by the gaming 38 commission prior to April first, two thousand nineteen and completed 39 prior to April first, two thousand twenty-one, exceed the vendor track's 40 cumulative capital award during the five year period ending April first, 41 two thousand nineteen, the vendor shall continue to receive the capital 42 award after April first, two thousand nineteen until such approved capi- 43 tal expenditures are paid to the vendor track subject to any required 44 co-investment. In no event shall any vendor track that receives a vendor 45 fee pursuant to clause (F), (F-1) or (G) of this subparagraph be eligi- 46 ble for a vendor's capital award under this section. Any operator of a 47 vendor track which has received a vendor's capital award, choosing to 48 divest the capital improvement toward which the award was applied, prior 49 to the full depreciation of the capital improvement in accordance with 50 generally accepted accounting principles, shall reimburse the state in 51 amounts equal to the total of any such awards. Any capital award not 52 approved for a capital expenditure at a video lottery gaming facility by 53 April first, two thousand nineteen shall be deposited into the state 54 lottery fund for education aid; and 55 § 3. Subparagraph (ii) of paragraph 1 of subdivision b of section 1612 56 of the tax law is amended by adding a new clause (K) to read as follows:A. 6000 3 1 (K) In the event that the operator of a vendor track who receives a 2 vendor fee pursuant to clause (F-1) of this subparagraph has any remain- 3 ing funds in their vendor capital award account, any claim by the opera- 4 tor of the vendor track on these funds shall immediately be forfeited, 5 and the funds shall be transferred to the state lottery fund as created 6 by section ninety-two-c of the state finance law. 7 § 4. This act shall take effect immediately.
