Bill Text: NY S04287 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the payment of certain commissions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2017-10-23 - VETOED MEMO.164 [S04287 Detail]
Download: New_York-2017-S04287-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4287--A Cal. No. 1270 2017-2018 Regular Sessions IN SENATE February 8, 2017 ___________ Introduced by Sens. BONACIC, MARCHIONE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Racing, Gaming and Wagering -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the tax law, in relation to the payment of certain commissions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clause (G) of subparagraph (ii) of paragraph 1 of subdivi- 2 sion b of section 1612 of the tax law, as amended by section 2 of part 3 HH of chapter 60 of the laws of 2016, is amended to read as follows: 4 (G) Notwithstanding any provision to the contrary, when a vendor track 5 is located within regions one, two, or five of development zone two as 6 defined by section thirteen hundred ten of the racing, pari-mutuel 7 wagering and breeding law, such vendor track shall receive an additional 8 commission at a rate equal to the percentage of revenue wagered at the 9 vendor track after payout for prizes pursuant to this chapter, which 10 percentage shall be one hundred, less the sum of the percentages of net 11 revenue wagered at the vendor track retained by the commission for oper- 12 ation, administration, and procurement purposes; and the vendor's fee, 13 marketing allowance and capital award paid to the vendor track pursuant 14 to this chapter; and the effective tax rate paid on all gross gaming 15 revenue paid by a gaming facility within the same region pursuant to 16 section thirteen hundred fifty-one of the racing, pari-mutuel wagering 17 and breeding law, provided, however, such additional commission shall be 18 applied to revenue wagered at the vendor track after payout for prizes 19 only while a gaming facility in the same region is open and operational 20 pursuant to an operation certificate issued pursuant to section thirteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09242-05-7S. 4287--A 2 1 hundred thirty-one of the racing, pari-mutuel wagering and breeding law. 2 The additional commission set forth in this clause shall be paid to the 3 vendor track within [sixty] fifteen days after the conclusion of each 4 quarter of the state fiscal year based on the calculated percentage 5 during the previous quarter of the state fiscal year. 6 § 2. Clause (G-2) of subparagraph (ii) of paragraph 1 of subdivision b 7 of section 1612 of the tax law, as added by section 1 of part DD of 8 chapter 60 of the laws of 2016, is amended to read as follows: 9 (G-2) Notwithstanding any provision to the contrary, when a vendor 10 track is located within region six of development zone two as defined by 11 section thirteen hundred ten of the racing, pari-mutuel wagering and 12 breeding law and is located within Ontario county, such vendor track 13 shall receive an additional commission at a rate equal to the percentage 14 of revenue wagered at the vendor track after payout for prizes pursuant 15 to this chapter, which percentage shall be one hundred, less the sum of 16 the percentages of net revenue wagered at the vendor track retained by 17 the commission for operation, administration, and procurement purposes; 18 and the vendor's fee, marketing allowance and capital award paid to the 19 vendor track pursuant to this chapter; and the effective tax rate paid 20 on all gross gaming revenue paid by a gaming facility within Seneca or 21 Wayne counties pursuant to section thirteen hundred fifty-one of the 22 racing, pari-mutuel wagering and breeding law, provided, however, such 23 additional commission shall be applied to revenue wagered at the vendor 24 track after payout for prizes only while a gaming facility in Seneca or 25 Wayne counties is open and operational pursuant to an operation certif- 26 icate issued pursuant to section thirteen hundred thirty-one of the 27 racing, pari-mutuel wagering and breeding law. The additional commission 28 set forth in this clause shall be paid to the vendor track within 29 [sixty] fifteen days after the conclusion of each quarter of the state 30 fiscal year based on the calculated percentage during the previous quar- 31 ter of the state fiscal year. 32 § 3. This act shall take effect immediately.
