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

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

---

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-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3595--A
                              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  -- recommitted to the Committee on Racing, Gaming and Wagering in
         accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05826-02-1
       S. 3595--A                          2
    1  LOCATED  IN  THE  COUNTY  OF  WESTCHESTER  EXPENDED BY SUCH OPERATOR FOR
    2  MARKETING SHALL NOT EXCEED EIGHT PERCENT OF THE TOTAL REVENUE WAGERED AT
    3  THE VENDOR TRACK AFTER PAYOUT FOR PRIZES PURSUANT TO THIS CHAPTER IN ANY
    4  YEAR  AND  THE REMAINDER OF SUCH ADDITIONAL VENDOR'S MARKETING ALLOWANCE
    5  FOR SUCH OPERATOR CALCULATED PURSUANT TO THIS SUBDIVISION, NOT TO EXCEED
    6  TWENTY-FIVE MILLION DOLLARS ANNUALLY, SHALL BE PAID BY SUCH OPERATOR  TO
    7  THE  YONKERS  CITY  SCHOOL  DISTRICT  BOARD  OF  EDUCATION  IN QUARTERLY
    8  PAYMENTS COMMENCING JULY FIRST, TWO THOUSAND  THIRTEEN  TO  SUPPORT  AND
    9  MAINTAIN  EDUCATIONAL  PROGRAMS  ESTABLISHED  PURSUANT TO THE SETTLEMENT
   10  AGREEMENT DATED JANUARY THIRTY-FIRST, TWO THOUSAND TWO IN UNITED  STATES
   11  OF  AMERICA  V.  YONKERS  BOARD  OF EDUCATION. NOTWITHSTANDING ANY OTHER
   12  PROVISION OF LAW, RULE  OR  REGULATION  TO  THE  CONTRARY,  SUCH  AMOUNT
   13  PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE IN ADDITION TO ANY ANNUAL
   14  MAINTENANCE  OF EFFORT REQUIREMENT IMPOSED ON THE STATE OR CITY OF YONK-
   15  ERS.  In establishing the vendor fee,  the  division  shall  ensure  the
   16  maximum  lottery support for education while also ensuring the effective
   17  implementation of section sixteen hundred seventeen-a  of  this  article
   18  through  the  provision of reasonable reimbursements and compensation to
   19  vendor tracks for participation in  such  program.  Within  twenty  days
   20  after any award of lottery prizes, the division shall pay into the state
   21  treasury,  to  the  credit of the state lottery fund, the balance of all
   22  moneys received from the sale of all tickets for the  lottery  in  which
   23  such  prizes  were  awarded remaining after provision for the payment of
   24  prizes as herein provided. Any revenues derived from the sale of  adver-
   25  tising on lottery tickets shall be deposited in the state lottery fund.
   26    S 2. This act shall take effect July 1, 2013.