Bill Text: NY S07753 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2014-06-12 - PRINT NUMBER 7753A [S07753 Detail]

Download: New_York-2013-S07753-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7753
                                   I N  S E N A T E
                                     June 5, 2014
                                      ___________
       Introduced  by  Sen.  SEWARD -- 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 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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15469-01-4
       S. 7753                             2
    1    (G-1)  Notwithstanding  [clause]  CLAUSES (A) and (B) of this subpara-
    2  graph, when a video lottery gaming facility is located in  [either]  the
    3  [county]  COUNTIES  of  Nassau  [or], Suffolk, SULLIVAN OR ULSTER and is
    4  operated by a corporation established pursuant to section  five  hundred
    5  two  of  the  racing, pari-mutuel wagering and breeding law at a rate of
    6  thirty-five percent of the total revenue wagered  at  the  vendor  after
    7  payout for prizes pursuant to this chapter;
    8    S  3.  Paragraph 2 of subdivision b of section 1612 of the tax law, as
    9  amended by section 1 of part OO of chapter 59 of the laws  of  2014,  is
   10  amended to read as follows:
   11    2. As consideration for the operation of a video lottery gaming facil-
   12  ity,  the division, shall cause the investment in the racing industry of
   13  a portion of the vendor fee received pursuant to paragraph one  of  this
   14  subdivision  in  the  manner  set  forth in this subdivision.   With the
   15  exception of Aqueduct racetrack or a facility in the  [county]  COUNTIES
   16  of  Nassau  [or],  Suffolk, SULLIVAN OR ULSTER operated by a corporation
   17  established pursuant to section five hundred two of the racing, pari-mu-
   18  tuel wagering and breeding law, each such track shall dedicate a portion
   19  of its vendor fees, received pursuant to clause (A), (B), (C), (D), (E),
   20  (F), or (G) of subparagraph (ii) of paragraph one of  this  subdivision,
   21  for the purpose of enhancing purses at such track, in an amount equal to
   22  eight  and  three-quarters  percent  of the total revenue wagered at the
   23  vendor track after pay out for prizes. One percent of  the  gross  purse
   24  enhancement  amount,  as  required by this subdivision, shall be paid to
   25  the gaming commission to be  used  exclusively  to  promote  and  ensure
   26  equine health and safety in New York. Any portion of such funding to the
   27  gaming  commission  unused during a fiscal year shall be returned to the
   28  video lottery gaming operators on a pro rata basis  in  accordance  with
   29  the  amounts  originally  contributed by each operator and shall be used
   30  for the purpose of enhancing purses at  such  track.  One  and  one-half
   31  percent  of  the gross purse enhancement amount at a thoroughbred track,
   32  as required by this subdivision, shall be paid to an account established
   33  pursuant to section two hundred twenty-one-a of the racing,  pari-mutuel
   34  wagering  and  breeding  law  to  be  used exclusively to provide health
   35  insurance for jockeys. In addition, with the exception of Aqueduct race-
   36  track or a facility in the [county] COUNTIES of  Nassau  [or],  Suffolk,
   37  SULLIVAN  OR  ULSTER  operated  by a corporation established pursuant to
   38  section five hundred two of the racing, pari-mutuel wagering and  breed-
   39  ing  law,  one  and  one-quarter percent of total revenue wagered at the
   40  vendor track after pay out for prizes, received pursuant to clause  (A),
   41  (B), (C), (D), (E), (F), or (G) of subparagraph (ii) of paragraph one of
   42  this  subdivision, shall be distributed to the appropriate breeding fund
   43  for the manner of racing conducted by such track.
   44    S 4. The opening paragraph of subdivision f-1 of section 1612  of  the
   45  tax  law,  as  amended by chapter 175 of the laws of 2013, is amended to
   46  read as follows:
   47    As consideration  for  operation  of  video  lottery  gaming  facility
   48  located  in  the  [county] COUNTIES of Nassau [or], Suffolk, SULLIVAN OR
   49  ULSTER and operated by a corporation  established  pursuant  to  section
   50  five  hundred  two of the racing, pari-mutuel wagering and breeding law,
   51  the division shall cause the investment in the racing  industry  of  the
   52  following  percentages  of  the  vendor  fee  to be deposited or paid as
   53  follows:
   54    S 5. This act shall take effect immediately.