Bill Text: NY A01895 | 2021-2022 | General Assembly | Introduced
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) 2022-01-05 - referred to racing and wagering [A01895 Detail]
Download: New_York-2021-A01895-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1895 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ 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. LBD01710-01-1A. 1895 2 1 § 2. Clause (D) of subparagraph (ii) of paragraph 1 of subdivision b 2 of section 1612 of the tax law, as amended by section 1 of part EE of 3 chapter 59 of the laws of 2019, is amended to read as follows: 4 (D) when a video lottery gaming facility is located in either Nassau 5 [or], Suffolk or Ulster counties and is operated by a corporation estab- 6 lished pursuant to section five hundred two of the racing, pari-mutuel 7 wagering and breeding law, at a rate of forty-five percent of the total 8 revenue wagered at the video lottery gaming facility after payout for 9 prizes pursuant to this chapter. 10 § 3. Paragraph 2 of subdivision b of section 1612 of the tax law, as 11 amended by section 2 of part S of chapter 39 of the laws of 2019, is 12 amended to read as follows: 13 2. As consideration for the operation of a video lottery gaming facil- 14 ity, the division, shall cause the investment in the racing industry of 15 a portion of the vendor fee received pursuant to paragraph one of this 16 subdivision in the manner set forth in this subdivision. With the 17 exception of Aqueduct racetrack, a video lottery gaming facility author- 18 ized pursuant to paragraph five of subdivision a of section sixteen 19 hundred seventeen-a of this article or a facility in the [county] coun- 20 ties of Nassau [or], Suffolk or Ulster operated by a corporation estab- 21 lished pursuant to section five hundred two of the racing, pari-mutuel 22 wagering and breeding law, each such track shall dedicate a portion of 23 its vendor fees, received pursuant to clause (A), (B), (B-1), (B-2), 24 (C), or (D) of subparagraph (ii) of paragraph one of this subdivision, 25 for the purpose of enhancing purses at such track, in an amount equal to 26 eight and three-quarters percent of the total revenue wagered at the 27 vendor track after pay out for prizes. One percent of the gross purse 28 enhancement amount, as required by this subdivision, shall be paid to 29 the gaming commission to be used exclusively to promote and ensure 30 equine health and safety in New York. Any portion of such funding to the 31 gaming commission unused during a fiscal year shall be returned to the 32 video lottery gaming operators on a pro rata basis in accordance with 33 the amounts originally contributed by each operator and shall be used 34 for the purpose of enhancing purses at such track. One and one-half 35 percent of the gross purse enhancement amount at a thoroughbred track, 36 as required by this subdivision, shall be paid to an account established 37 pursuant to section two hundred twenty-one-a of the racing, pari-mutuel 38 wagering and breeding law to be used exclusively to provide health 39 insurance for jockeys. In addition, with the exception of Aqueduct race- 40 track, a video lottery gaming facility authorized pursuant to paragraph 41 five of subdivision a of section sixteen hundred seventeen-a of this 42 article or a facility in the [county] counties of Nassau [or], Suffolk 43 or Ulster operated by a corporation established pursuant to section five 44 hundred two of the racing, pari-mutuel wagering and breeding law, one 45 and one-quarter percent of total revenue wagered at the vendor track 46 after pay out for prizes, received pursuant to clause (A), (B), (B-1), 47 (B-2), (C), or (D) of subparagraph (ii) of paragraph one of this subdi- 48 vision, shall be distributed to the appropriate breeding fund for the 49 manner of racing conducted by such track. 50 Provided, further, that nothing in this paragraph shall prevent each 51 track from entering into an agreement, not to exceed five years, with 52 the organization authorized to represent its horsemen to increase or 53 decrease the portion of its vendor fee dedicated to enhancing purses at 54 such track during the years of participation by such track, or to race 55 fewer dates than required herein.A. 1895 3 1 § 4. The opening paragraph of subdivision f-1 of section 1612 of the 2 tax law, as amended by chapter 175 of the laws of 2013, is amended to 3 read as follows: 4 As consideration for operation of video lottery gaming facility 5 located in the [county] counties of Nassau [or], Suffolk or Ulster and 6 operated by a corporation established pursuant to section five hundred 7 two of the racing, pari-mutuel wagering and breeding law, the division 8 shall cause the investment in the racing industry of the following 9 percentages of the vendor fee to be deposited or paid as follows: 10 § 5. This act shall take effect immediately.