Bill Text: NY A00549 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - referred to racing and wagering [A00549 Detail]

Download: New_York-2019-A00549-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           549
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by 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 3 of subdivision a of section 1617-a of  the  tax
     2  law, as added by section 1 of part SS of chapter 60 of the laws of 2016,
     3  is amended to read as follows:
     4    (3) a maximum of [two] four facilities, one each in the Suffolk region
     5  and  the  Nassau  region,  which shall be vendors for all purposes under
     6  this article, neither  to  exceed  one  thousand  video  lottery  gaming
     7  devices,  established  within  region  three  of  zone one as defined by
     8  section one thousand three hundred ten of the racing, pari-mutuel wager-
     9  ing and breeding law, one each operated  by  a  corporation  established
    10  pursuant to section five hundred two of the racing, pari-mutuel wagering
    11  and  breeding  law  in  the  Suffolk  region and the Nassau region to be
    12  located within a facility authorized pursuant to sections  one  thousand
    13  eight  or  one  thousand  nine  of  the racing, pari-mutuel wagering and
    14  breeding law, and two facilities in Ulster county, none to  exceed  five
    15  hundred  video  lottery  gaming  devices, each operated by a corporation
    16  established pursuant to section five hundred two of the racing, pari-mu-
    17  tuel wagering and breeding law to be located within a  facility  author-
    18  ized pursuant to sections one thousand eight or one thousand nine of the
    19  racing,  pari-mutuel wagering and breeding law. In respect to the Ulster
    20  county facilities, Catskill off-track betting corporation  will  be  the
    21  gaming  operator  and a local resolution in support of the facility will
    22  be required. Additionally, in respect to the Ulster  county  facilities,
    23  the  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; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02987-01-9
        A. 549                              2
     1    § 2. Clause (G-1) of subparagraph (ii) of paragraph 1 of subdivision b
     2  of section 1612 of the tax law, as amended by chapter 175 of the laws of
     3  2013, is amended to read as follows:
     4    (G-1)  Notwithstanding  [clause]  clauses (A) and (B) of this subpara-
     5  graph, when a video lottery gaming facility is located in  [either]  the
     6  [county] counties of Nassau [or], Suffolk or Ulster and is operated by a
     7  corporation  established  pursuant  to  section  five hundred two of the
     8  racing, pari-mutuel wagering and breeding law at a rate  of  thirty-five
     9  percent  of  the  total  revenue  wagered at the vendor after payout for
    10  prizes pursuant to this chapter;
    11    § 3. Paragraph 2 of subdivision b of section 1612 of the tax  law,  as
    12  amended  by  section  1 of part OO of chapter 59 of the laws of 2014, is
    13  amended to read as follows:
    14    2. As consideration for the operation of a video lottery gaming facil-
    15  ity, the division, shall cause the investment in the racing industry  of
    16  a  portion  of the vendor fee received pursuant to paragraph one of this
    17  subdivision in the manner set forth  in  this  subdivision.    With  the
    18  exception  of  Aqueduct racetrack or a facility in the [county] counties
    19  of Nassau [or], Suffolk or Ulster operated by a corporation  established
    20  pursuant to section five hundred two of the racing, pari-mutuel wagering
    21  and breeding law, each such track shall dedicate a portion of its vendor
    22  fees,  received  pursuant to clause (A), (B), (C), (D), (E), (F), or (G)
    23  of subparagraph (ii) of paragraph  one  of  this  subdivision,  for  the
    24  purpose  of  enhancing purses at such track, in an amount equal to eight
    25  and three-quarters percent of the total revenue wagered  at  the  vendor
    26  track  after pay out for prizes. One percent of the gross purse enhance-
    27  ment amount, as required by this  subdivision,  shall  be  paid  to  the
    28  gaming  commission  to  be used exclusively to promote and ensure equine
    29  health and safety in New York. Any portion of such funding to the gaming
    30  commission unused during a fiscal year shall be returned  to  the  video
    31  lottery  gaming  operators  on  a  pro rata basis in accordance with the
    32  amounts originally contributed by each operator and shall  be  used  for
    33  the  purpose of enhancing purses at such track. One and one-half percent
    34  of the gross purse  enhancement  amount  at  a  thoroughbred  track,  as
    35  required  by  this  subdivision, shall be paid to an account established
    36  pursuant to section two hundred twenty-one-a of the racing,  pari-mutuel
    37  wagering  and  breeding  law  to  be  used exclusively to provide health
    38  insurance for jockeys. In addition, with the exception of Aqueduct race-
    39  track or a facility in the [county] counties of Nassau [or], Suffolk  or
    40  Ulster  operated  by  a corporation established pursuant to section five
    41  hundred two of the racing, pari-mutuel wagering and  breeding  law,  one
    42  and  one-quarter  percent  of  total revenue wagered at the vendor track
    43  after pay out for prizes, received pursuant to  clause  (A),  (B),  (C),
    44  (D),  (E),  (F),  or  (G)  of subparagraph (ii) of paragraph one of this
    45  subdivision, shall be distributed to the appropriate breeding  fund  for
    46  the manner of racing conducted by such track.
    47    §  4.  The opening paragraph of subdivision f-1 of section 1612 of the
    48  tax law, as amended by chapter 175 of the laws of 2013,  is  amended  to
    49  read as follows:
    50    As  consideration  for  operation  of  video  lottery  gaming facility
    51  located in the [county] counties of Nassau [or], Suffolk or  Ulster  and
    52  operated  by  a corporation established pursuant to section five hundred
    53  two of the racing, pari-mutuel wagering and breeding law,  the  division
    54  shall  cause  the  investment  in  the  racing industry of the following
    55  percentages of the vendor fee to be deposited or paid as follows:
    56    § 5. This act shall take effect immediately.