Bill Text: NY A10009 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to video lottery gaming; permits Ulster County to allow two existing destination resorts in such county to install video lottery terminals, subject to a local resolution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-19 - reported referred to rules [A10009 Detail]

Download: New_York-2013-A10009-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10009
                                 I N  A S S E M B L Y
                                     June 6, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
         read once and referred to the Committee on Racing and Wagering
       AN ACT to amend the tax law, in relation to video lottery gaming
         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, as added by chapter 174 of the laws of 2013, is amended to read  as
    3  follows:
    4    (4)  at  a  maximum  of  [two] SIX facilities, ONE EACH IN THE SUFFOLK
    5  REGION AND THE NASSAU REGION,  neither  to  exceed  one  thousand  video
    6  lottery  gaming  devices, established within region three of zone one as
    7  defined by section one thousand three hundred ten of the  racing,  pari-
    8  mutuel  wagering  and  breeding  law, one each operated by a corporation
    9  established pursuant to section five hundred two of the racing, pari-mu-
   10  tuel wagering and breeding law in the  Suffolk  region  and  the  Nassau
   11  region  to  be located within a facility authorized pursuant to sections
   12  one thousand eight or one  thousand  nine  of  the  racing,  pari-mutuel
   13  wagering and breeding law, AND FOUR FACILITIES, TWO EACH IN SULLIVAN AND
   14  ULSTER  COUNTIES,  NONE  TO  EXCEED  FIVE  HUNDRED  VIDEO LOTTERY GAMING
   15  DEVICES, EACH OPERATED BY A CORPORATION ESTABLISHED PURSUANT TO  SECTION
   16  FIVE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW TO
   17  BE  LOCATED  WITHIN A FACILITY AUTHORIZED PURSUANT TO SECTIONS ONE THOU-
   18  SAND EIGHT OR ONE THOUSAND NINE OF THE RACING, PARI-MUTUEL WAGERING  AND
   19  BREEDING  LAW.  IN RESPECT TO THE SULLIVAN AND ULSTER COUNTY FACILITIES,
   20  CATSKILL OFF-TRACK BETTING CORPORATION WILL BE THE GAMING OPERATOR AND A
   21  LOCAL RESOLUTION IN SUPPORT OF THE  FACILITY  WILL  BE  REQUIRED.  ADDI-
   22  TIONALLY,  IN  RESPECT TO THE SULLIVAN AND ULSTER COUNTY FACILITIES, THE
   23  FACILITIES MUST BE DESTINATION  RESORT  PROPERTIES  WITH  AT  LEAST  ONE
   24  HUNDRED  HOTEL  ROOMS,  HAVE  SIGNIFICANT RESORT AMENITIES, BE CURRENTLY
   25  OPEN AND OPERATING, AND HAVE BEEN IN CONTINUOUS OPERATION  FOR  NO  LESS
   26  THAN  THE  PAST  THREE YEARS. The facilities authorized pursuant to this
   27  paragraph shall be deemed vendors for all purposes under this article.
   28    S 2. Clause (G-1) of subparagraph (ii) of paragraph 1 of subdivision b
   29  of section 1612 of the tax law, as amended by chapter 175 of the laws of
   30  2013, is amended to read as follows:
   31    (G-1) Notwithstanding [clause] CLAUSES (A) and (B)  of  this  subpara-
   32  graph,  when  a video lottery gaming facility is located in [either] the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15469-01-4
       A. 10009                            2
    1  [county] COUNTIES of Nassau [or], Suffolk, SULLIVAN  OR  ULSTER  and  is
    2  operated  by  a corporation established pursuant to section five hundred
    3  two of the racing, pari-mutuel wagering and breeding law at  a  rate  of
    4  thirty-five  percent  of  the  total revenue wagered at the vendor after
    5  payout for prizes pursuant to this chapter;
    6    S 3. Paragraph 2 of subdivision b of section 1612 of the tax  law,  as
    7  amended  by  section  1 of part OO of chapter 59 of the laws of 2014, is
    8  amended to read as follows:
    9    2. As consideration for the operation of a video lottery gaming facil-
   10  ity, the division, shall cause the investment in the racing industry  of
   11  a  portion  of the vendor fee received pursuant to paragraph one of this
   12  subdivision in the manner set forth  in  this  subdivision.    With  the
   13  exception  of  Aqueduct racetrack or a facility in the [county] COUNTIES
   14  of Nassau [or], Suffolk, SULLIVAN OR ULSTER operated  by  a  corporation
   15  established pursuant to section five hundred two of the racing, pari-mu-
   16  tuel wagering and breeding law, each such track shall dedicate a portion
   17  of its vendor fees, received pursuant to clause (A), (B), (C), (D), (E),
   18  (F),  or  (G) of subparagraph (ii) of paragraph one of this subdivision,
   19  for the purpose of enhancing purses at such track, in an amount equal to
   20  eight and three-quarters percent of the total  revenue  wagered  at  the
   21  vendor  track  after  pay out for prizes. One percent of the gross purse
   22  enhancement amount, as required by this subdivision, shall  be  paid  to
   23  the  gaming  commission  to  be  used  exclusively to promote and ensure
   24  equine health and safety in New York. Any portion of such funding to the
   25  gaming commission unused during a fiscal year shall be returned  to  the
   26  video  lottery  gaming  operators on a pro rata basis in accordance with
   27  the amounts originally contributed by each operator and  shall  be  used
   28  for  the  purpose  of  enhancing  purses at such track. One and one-half
   29  percent of the gross purse enhancement amount at a  thoroughbred  track,
   30  as required by this subdivision, shall be paid to an account established
   31  pursuant  to section two hundred twenty-one-a of the racing, pari-mutuel
   32  wagering and breeding law to  be  used  exclusively  to  provide  health
   33  insurance for jockeys. In addition, with the exception of Aqueduct race-
   34  track  or  a  facility in the [county] COUNTIES of Nassau [or], Suffolk,
   35  SULLIVAN OR ULSTER operated by a  corporation  established  pursuant  to
   36  section  five hundred two of the racing, pari-mutuel wagering and breed-
   37  ing law, one and one-quarter percent of total  revenue  wagered  at  the
   38  vendor  track after pay out for prizes, received pursuant to clause (A),
   39  (B), (C), (D), (E), (F), or (G) of subparagraph (ii) of paragraph one of
   40  this subdivision, shall be distributed to the appropriate breeding  fund
   41  for the manner of racing conducted by such track.
   42    S  4.  The opening paragraph of subdivision f-1 of section 1612 of the
   43  tax law, as amended by chapter 175 of the laws of 2013,  is  amended  to
   44  read as follows:
   45    As  consideration  for  operation  of  video  lottery  gaming facility
   46  located in the [county] COUNTIES of Nassau [or],  Suffolk,  SULLIVAN  OR
   47  ULSTER  and  operated  by  a corporation established pursuant to section
   48  five hundred two of the racing, pari-mutuel wagering and  breeding  law,
   49  the  division  shall  cause the investment in the racing industry of the
   50  following percentages of the vendor fee  to  be  deposited  or  paid  as
   51  follows:
   52    S 5. This act shall take effect immediately.