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.
                                                                   LBD01710-01-1

        A. 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.
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