Bill Text: NY S03595 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the additional vendor's marketing allowance retained by any operator of a racetrack located in the county of Westchester shall not exceed 8 percent of the total revenue wagered at the vendor track after payout for prizes and the remainder of such additional vendor's marketing allowance, not to exceed 25 million dollars, shall be paid to the Yonkers city school district board of education in quarterly payments for the support and maintenance of certain educational programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-19 - PRINT NUMBER 3595A [S03595 Detail]

Download: New_York-2011-S03595-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3595
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 28, 2011
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Racing, Gaming and  Wager-
         ing
       AN  ACT  to  amend  the  tax law, in relation to the distribution of the
         additional vendor's marketing allowance by any operator of a racetrack
         located in the county of Westchester
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subparagraph  (iii)  of paragraph 1 of subdivision b of
    2  section 1612 of the tax law, as amended by section  1  of  part  0-1  of
    3  chapter 57 of the laws of 2009, is amended to read as follows:
    4    (iii) less an additional vendor's marketing allowance at a rate of ten
    5  percent  for  the  first  one hundred million dollars annually and eight
    6  percent thereafter of the total revenue  wagered  at  the  vendor  track
    7  after payout for prizes to be used by the vendor track for the marketing
    8  and  promotion  and  associated  costs of its video lottery gaming oper-
    9  ations and pari-mutuel horse racing operations,  as  long  as  any  such
   10  costs associated with pari-mutuel horse racing operations simultaneously
   11  encourage  increased  attendance  at  such vendor's video lottery gaming
   12  facilities, consistent with the customary manner of marketing comparable
   13  operations in the industry and subject to the overall supervision of the
   14  division; provided, however,  that  the  additional  vendor's  marketing
   15  allowance shall not exceed eight percent in any year for any operator of
   16  a  racetrack located in the county of [Westchester or] Queens; provided,
   17  however, a vendor track that receives a vendor fee  pursuant  to  clause
   18  (G)  of  subparagraph (ii) of this paragraph shall not receive the addi-
   19  tional vendor's marketing allowance; AND  PROVIDED,  FURTHER,  THAT  THE
   20  ADDITIONAL  VENDOR'S MARKETING ALLOWANCE FOR ANY OPERATOR OF A RACETRACK
   21  LOCATED IN THE COUNTY OF  WESTCHESTER  EXPENDED  BY  SUCH  OPERATOR  FOR
   22  MARKETING SHALL NOT EXCEED EIGHT PERCENT OF THE TOTAL REVENUE WAGERED AT
   23  THE VENDOR TRACK AFTER PAYOUT FOR PRIZES PURSUANT TO THIS CHAPTER IN ANY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05826-01-1
       S. 3595                             2
    1  YEAR  AND  THE REMAINDER OF SUCH ADDITIONAL VENDOR'S MARKETING ALLOWANCE
    2  FOR SUCH OPERATOR CALCULATED PURSUANT TO THIS SUBDIVISION, NOT TO EXCEED
    3  TWENTY-FIVE MILLION DOLLARS ANNUALLY, SHALL BE PAID BY SUCH OPERATOR  TO
    4  THE  YONKERS  CITY  SCHOOL  DISTRICT  BOARD  OF  EDUCATION  IN QUARTERLY
    5  PAYMENTS COMMENCING JULY FIRST, TWO THOUSAND TWELVE TO SUPPORT AND MAIN-
    6  TAIN EDUCATIONAL PROGRAMS ESTABLISHED PURSUANT TO THE SETTLEMENT  AGREE-
    7  MENT  DATED  JANUARY  THIRTY-FIRST, TWO THOUSAND TWO IN UNITED STATES OF
    8  AMERICA  V.  YONKERS  BOARD  OF  EDUCATION.  NOTWITHSTANDING  ANY  OTHER
    9  PROVISION  OF  LAW,  RULE  OR  REGULATION  TO  THE CONTRARY, SUCH AMOUNT
   10  PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE IN ADDITION TO ANY ANNUAL
   11  MAINTENANCE OF EFFORT REQUIREMENT IMPOSED ON THE STATE OR CITY OF  YONK-
   12  ERS.    In  establishing  the  vendor fee, the division shall ensure the
   13  maximum lottery support for education while also ensuring the  effective
   14  implementation  of  section  sixteen hundred seventeen-a of this article
   15  through the provision of reasonable reimbursements and  compensation  to
   16  vendor  tracks  for  participation  in  such program. Within twenty days
   17  after any award of lottery prizes, the division shall pay into the state
   18  treasury, to the credit of the state lottery fund, the  balance  of  all
   19  moneys  received  from  the sale of all tickets for the lottery in which
   20  such prizes were awarded remaining after provision for  the  payment  of
   21  prizes  as herein provided. Any revenues derived from the sale of adver-
   22  tising on lottery tickets shall be deposited in the state lottery fund.
   23    S 2. This act shall take effect July 1, 2012.