Bill Text: NY A03464 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the Catskill regional off-track betting corporation including licensing, vendor fees, distribution of funds, collective bargaining, reporting and site approval.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to racing and wagering [A03464 Detail]
Download: New_York-2021-A03464-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3464 2021-2022 Regular Sessions IN ASSEMBLY January 26, 2021 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Racing and Wagering AN ACT to amend the tax law and the racing, pari-mutuel wagering and breeding law, in relation to the Catskill regional off-track betting corporation; and repealing certain provisions of the racing, pari-mu- tuel wagering and breeding law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision a of section 1617-a of the tax 2 law, as amended by section 1 of part SS of chapter 60 of the laws of 3 2016, is amended to read as follows: 4 (1) Aqueduct, [Monticello,] Yonkers, Finger Lakes, and Vernon Downs 5 racetracks; 6 § 2. Paragraphs 3 and 4 of subdivision a of section 1617-a of the tax 7 law, as added by section 1 of part SS of chapter 60 of the laws of 2016, 8 are amended and a new paragraph 8 is added to read as follows: 9 (3) a maximum of two facilities, which shall be vendors for all 10 purposes under this article, neither to exceed one thousand video 11 lottery gaming devices, established within region three of zone one as 12 defined by section one thousand three hundred ten of the racing, pari- 13 mutuel wagering and breeding law, one each operated by a corporation 14 established pursuant to section five hundred two of the racing, pari-mu- 15 tuel wagering and breeding law in the Suffolk region and the Nassau 16 region to be located within a facility authorized pursuant to sections 17 one thousand eight or one thousand nine of the racing, pari-mutuel 18 wagering and breeding law; [and] 19 (4) Aqueduct racetrack, within the lottery terminal facility, pursuant 20 to an agreement between the corporation established pursuant to section 21 five hundred two of the racing, pari-mutuel wagering and breeding law in 22 the Nassau region and the operator of video lottery gaming at Aqueduct 23 racetrack, when such agreement is approved by the gaming commission and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07788-01-1A. 3464 2 1 as long as such agreement is in place, and when such agreement is accom- 2 panied by a detailed spending plan for the corporation established 3 pursuant to section five hundred two of the racing, pari-mutuel wagering 4 and breeding law in the Nassau region, which includes a plan for the 5 timely payment of liabilities due to the franchised corporation, and 6 when such video lottery devices are hosted by the operator of video 7 lottery gaming at Aqueduct racetrack on behalf of the corporation estab- 8 lished pursuant to section five hundred two of the racing, pari-mutuel 9 wagering and breeding law in the Nassau region in lieu of the develop- 10 ment of a facility in Nassau county as authorized by paragraph three of 11 this subdivision [a of this section]. Such agreement reached by the 12 parties shall identify the agency principally responsible for funding, 13 approving or undertaking any actions of such agreement. Provided, 14 however, nothing in this paragraph shall infringe upon the rights of the 15 corporation established pursuant to section five hundred two of the 16 racing, pari-mutuel wagering and breeding law in the Nassau region to 17 develop a facility pursuant to paragraph three of this subdivision upon 18 the expiration, termination, or withdrawal of such agreement[.]; and 19 (8) a maximum of three facilities, which shall be vendors for all 20 purposes under this article, with a total of one thousand one hundred 21 ten video lottery gaming devices in the county of Broome, Chemung, 22 Chenango, Delaware, Orange, Rockland, Dutchess, Tompkins, Putnam or 23 Ulster and to be operated by a corporation established pursuant to 24 section five hundred two of the racing, pari-mutuel wagering and breed- 25 ing law, and located within a facility authorized pursuant to section 26 one thousand eight or one thousand nine of the racing, pari-mutuel 27 wagering and breeding law. 28 § 3. Paragraph 2 of subdivision b of section 1612 of the tax law, as 29 amended by section 2 of part S of chapter 39 of the laws of 2019, is 30 amended to read as follows: 31 2. As consideration for the operation of a video lottery gaming facil- 32 ity, the division, shall cause the investment in the racing industry of 33 a portion of the vendor fee received pursuant to paragraph one of this 34 subdivision in the manner set forth in this subdivision. With the 35 exception of Aqueduct racetrack, a video lottery gaming facility author- 36 ized pursuant to paragraph five of subdivision a of section sixteen 37 hundred seventeen-a of this article or a facility in the county of 38 Nassau or Suffolk operated by a corporation established pursuant to 39 section five hundred two of the racing, pari-mutuel wagering and breed- 40 ing law, each such track shall dedicate a portion of its vendor fees, 41 received pursuant to clause (A), (B), (B-1), (B-2), (C), or (D) of 42 subparagraph (ii) of paragraph one of this subdivision, for the purpose 43 of enhancing purses at such track, in an amount equal to eight and 44 three-quarters percent of the total revenue wagered at the vendor track 45 after pay out for prizes. Any video lottery gaming facility in the Cats- 46 kill region, as defined in section five hundred nineteen of the 47 racing, pari-mutuel wagering and breeding law and to be operated by a 48 corporation established pursuant to section five hundred two of the 49 racing, pari-mutuel wagering and breeding law, shall dedicate a portion 50 of its vendor fee for the purpose of enhancing purses at Monticello 51 racetrack in an amount equal to eight and three-quarters percent of the 52 total revenue wagered at the facility after pay out for prizes. One 53 percent of the gross purse enhancement amount, as required by this 54 subdivision, shall be paid to the gaming commission to be used exclu- 55 sively to promote and ensure equine health and safety in New York. Any 56 portion of such funding to the gaming commission unused during a fiscalA. 3464 3 1 year shall be returned to the video lottery gaming operators on a pro 2 rata basis in accordance with the amounts originally contributed by each 3 operator and shall be used for the purpose of enhancing purses at such 4 track. One and one-half percent of the gross purse enhancement amount at 5 a thoroughbred track, as required by this subdivision, shall be paid to 6 an account established pursuant to section two hundred twenty-one-a of 7 the racing, pari-mutuel wagering and breeding law to be used exclusively 8 to provide health insurance for jockeys. In addition, with the exception 9 of Aqueduct racetrack, a video lottery gaming facility authorized pursu- 10 ant to paragraph five of subdivision a of section sixteen hundred seven- 11 teen-a of this article or a facility in the county of Nassau or Suffolk 12 operated by a corporation established pursuant to section five hundred 13 two of the racing, pari-mutuel wagering and breeding law, one and one- 14 quarter percent of total revenue wagered at the vendor track after pay 15 out for prizes, received pursuant to clause (A), (B), (B-1), (B-2), (C), 16 or (D) of subparagraph (ii) of paragraph one of this subdivision, shall 17 be distributed to the appropriate breeding fund for the manner of racing 18 conducted by such track. 19 Provided, further, that as additional consideration for the operation 20 of video lottery gaming facilities, the Catskill regional off-track-bet- 21 ting corporation shall maintain the same number of race dates at Monti- 22 cello racetrack being conducted at the time it receives a license to 23 conduct harness race meetings at such racetrack. 24 Provided, further, that nothing in this paragraph shall prevent each 25 track from entering into an agreement, not to exceed five years, with 26 the organization authorized to represent its horsemen to increase or 27 decrease the portion of its vendor fee dedicated to enhancing purses at 28 such track during the years of participation by such track, or to race 29 fewer dates than required herein. 30 § 4. Section 1612 of the tax law is amended by adding a new subdivi- 31 sion i to read as follows: 32 i. As consideration for operation of a video lottery gaming facility 33 located in the county of Broome, Chemung, Chenango, Delaware, Orange, 34 Rockland, Dutchess, Tompkins, Putnam, or Ulster, and operated by a 35 corporation established pursuant to section five hundred two of the 36 racing, pari-mutuel wagering and breeding law, the division shall cause 37 the vendor's fee to be distributed as follows after the pay out of 38 racing support payments: (1) twenty percent shall be transferred to the 39 county in which the vendor facility is located; and (2) the remainder 40 shall be used for payment of the costs of the corporation's functions 41 pursuant to section five hundred sixteen of the racing, pari-mutuel 42 wagering and breeding law, and the net revenue remaining after payment 43 of such costs shall be divided among the participating counties listed 44 in this paragraph on the basis of population as defined in paragraph b 45 of subdivision two of section five hundred sixteen of the racing, pari- 46 mutuel wagering and breeding law. 47 § 5. Section 301 of the racing, pari-mutuel wagering and breeding law 48 is amended by adding a new subdivision 6 to read as follows: 49 6. The board shall have the power to issue licenses to the Catskill 50 regional off-track betting corporation or to a subsidiary of said corpo- 51 ration for the purpose of conducting harness race meetings at Monticello 52 racetrack and to make capital improvements to said track, provided that 53 such corporation meets the terms and conditions for licensure as 54 provided under this article. Notwithstanding the provisions of articles 55 five and five-a of this chapter, said corporation shall be deemed to be 56 a harness racing corporation with respect to pari-mutuel wageringA. 3464 4 1 conducted at said track pursuant to this chapter, except that net reven- 2 ues derived from such pari-mutuel wagering shall be distributed among 3 the counties that participate in such corporation on the basis of popu- 4 lation, as defined as the total population in each participating county 5 shown by the latest preceding decennial federal census of the calendar 6 year in which such distribution is to be made. 7 § 6. The opening paragraph of subdivision 1 of section 527 of the 8 racing, pari-mutuel wagering and breeding law, as amended by chapter 243 9 of the laws of 2020, is amended to read as follows: 10 The disposition of the retained commission from pools resulting from 11 regular, multiple or exotic bets, as the case may be, whether placed on 12 races run within a region or outside a region, conducted by racing 13 corporations, harness racing associations or corporations, quarter horse 14 racing associations or corporations or races run outside the state shall 15 be governed by the tables in paragraphs a and b of this subdivision. The 16 rate denominated "state tax" shall represent the rate of a reasonable 17 tax imposed upon the retained commission for the privilege of conducting 18 off-track pari-mutuel betting, which tax is hereby levied and shall be 19 payable in the manner set forth in this section. Each off-track betting 20 corporation shall pay to the commission as a regulatory fee, which fee 21 is hereby levied, six-tenths of one percent of the total daily pools of 22 such corporation. Each corporation shall also pay twenty percent of the 23 breaks derived from bets on harness races and fifty percent of the 24 breaks derived from bets on all other races to the agriculture and New 25 York State horse breeding and development fund and to the thoroughbred 26 breeding and development fund, the total of such payments to be appor- 27 tioned fifty percent to each such fund. For the purposes of this 28 section, the New York city, Suffolk, Nassau, and the Catskill regions 29 shall constitute a single region and any thoroughbred track located 30 within the Capital District region shall be deemed to be within such 31 single region. A "regional meeting" shall refer to either harness or 32 thoroughbred meetings, or both, except that a franchised corporation 33 shall not be a regional track for the purpose of receiving distributions 34 from bets on thoroughbred races conducted by a thoroughbred track in the 35 Catskill region conducting a mixed meeting. With the exception of a 36 harness racing association or corporation first licensed to conduct 37 pari-mutuel wagering at a track located in Tioga, Saratoga, Sullivan or 38 Westchester county after January first, two thousand five, racing corpo- 39 rations first licensed to conduct pari-mutuel racing after January 40 first, nineteen hundred eighty-six or a harness racing association or 41 corporation first licensed to conduct pari-mutuel wagering at a track 42 located in Genesee County after January first, two thousand five, and 43 quarter horse tracks shall not be "regional tracks"; if there is more 44 than one harness track within a region, such tracks shall evenly divide 45 payments made pursuant to the tables in paragraphs a and b of this 46 subdivision when neither track is running. In the event a track elects 47 to reduce its retained percentage from any or all of its pari-mutuel 48 pools, the payments to the track holding the race and the regional track 49 required by paragraphs a and b of this subdivision shall be reduced in 50 proportion to such reduction. Nothing in this section shall be construed 51 to authorize the conduct of off-track betting contrary to the provisions 52 of section five hundred twenty-three of this article. 53 § 7. Section 509-a of the racing, pari-mutuel wagering and breeding 54 law, as added by chapter 681 of the laws of 1989, the opening paragraph 55 as amended by chapter 346 of the laws of 1990, is amended to read as 56 follows:A. 3464 5 1 § 509-a. Capital acquisition fund. 1. The corporation may create and 2 establish a capital acquisition fund for the purpose of financing the 3 acquisition, construction or equipping of offices, facilities or prem- 4 ises of the corporation. Such capital acquisition fund shall consist of 5 (i) the amounts specified pursuant to subdivision three-a of section 6 five hundred thirty-two of this chapter; and (ii) contributions from the 7 corporation's pari-mutuel wagering pools, subject to the following limi- 8 tations: 9 [(1)] a. no contribution shall exceed the amount of one percent of the 10 total pari-mutuel wagering pools for the quarter in which the contrib- 11 ution is made; 12 [(2)] b. no contribution shall reduce the amount of quarterly net 13 revenues, exclusive of surcharge revenues, to an amount less than fifty 14 percent of such net revenues; and 15 [(3)] c. the balance of the fund shall not exceed the lesser of one 16 percent of total pari-mutuel wagering pools for the previous twelve 17 months or the undepreciated value of the corporation's offices, facili- 18 ties and premises. 19 2. Notwithstanding any other provision of law or regulation to the 20 contrary, funds in the Catskill off-track betting corporation's capital 21 acquisition fund established pursuant to this section shall be available 22 to the Catskill off-track betting corporation for corporate purposes 23 pursuant to this section until the fund has been exhausted. 24 § 8. Subdivision 2 of section 529 of the racing, pari-mutuel wagering 25 and breeding law, as amended by chapter 243 of the laws of 2020, is 26 amended to read as follows: 27 2. [Ninety-five percent of the balance of such account remaining28unclaimed as of the last day of February of such year shall be paid to29the department of taxation and finance by March fifteenth. On or before30April tenth of each year the balance of such account and any other31unclaimed amounts received in the course of conducting off-track betting32shall be paid by such corporation to the department of taxation and33finance. A penalty of five percent and interest at the rate of one34percent per month from the due date to the date of payment of the35unclaimed balance due March fifteenth or April tenth, as the case may36be, shall be payable in case such balance is not paid when due. Such37amounts, interest and penalties when collected by the department of38taxation and finance shall be deposited into the general fund of the39state treasury] The balance of such account remaining unclaimed as of 40 April first of such year shall be transferred to the regional corpo- 41 ration's operating account and may be used for any corporate purposes. 42 § 9. Clause (E) of subparagraph 5 of paragraph b of subdivision 1 of 43 section 1016 of the racing, pari-mutuel wagering and breeding law is 44 REPEALED and clause (F) is relettered clause (E). 45 § 10. Clause (F) of subparagraph 6 of paragraph b of subdivision 1 of 46 section 1016 of the racing, pari-mutuel wagering and breeding law is 47 REPEALED and clause (G) is relettered clause (F). 48 § 11. Subdivision 2 of section 1017 of the racing, pari-mutuel wager- 49 ing and breeding law is REPEALED. 50 § 12. Subdivision 1 of section 519 of the racing, pari-mutuel wagering 51 and breeding law, paragraph e as amended by chapter 260 of the laws of 52 1987, paragraphs f, g and h as amended by chapter 125 of the laws of 53 1997, is amended to read as follows: 54 1. "Region." One or more of the following named regions comprised of 55 the counties indicated: 56 a. Suffolk: Suffolk county;A. 3464 6 1 b. Nassau: Nassau county; 2 c. [New York city: the five counties comprising the city of New York;3d.] Catskill: Broome, Chemung, Chenango, Delaware, Orange, Rockland, 4 Sullivan, Tioga, Dutchess, Tompkins, Westchester, Putnam and Ulster 5 counties; 6 [e.] d. Capital District: Albany, Clinton, Columbia, Cortland, Essex, 7 Franklin, Fulton, Greene, Hamilton, Herkimer, Madison, Montgomery, Onei- 8 da, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, 9 Warren and Washington counties; 10 [f.] e. Central: Lewis and Onondaga counties; 11 [g.] f. Western: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie, 12 Genesee, Jefferson, Livingston, Monroe, Niagara, Ontario, Orleans, Oswe- 13 go, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yates counties; 14 [h.] g. Notwithstanding the other provisions of this subdivision, when 15 and if the Central regional off-track betting corporation is estab- 16 lished, it shall include, in addition to the counties listed in para- 17 graph [f] e of this subdivision, the following: Cayuga, Chenango, Cort- 18 land, Franklin, Herkimer, Jefferson, Madison, Oneida, Oswego, Otsego and 19 Tompkins counties. 20 § 13. The racing, pari-mutuel wagering and breeding law is amended by 21 adding four new sections 517-a, 517-b, 517-c and 517-d to read as 22 follows: 23 § 517-a. Catskill off-track betting corporation site approval. 1. The 24 purchase or lease of any property to be used in whole or in part as an 25 off-track betting facility by the Catskill off-track betting corporation 26 in the city of New York shall be conditioned on the approval of the 27 mayor of the city of New York; and with respect to a branch office 28 located wholly or partly within a borough of the city, approval shall 29 also be required by such borough president or their designee. The mayor 30 or borough president's failure to act within thirty days of notification 31 in writing of a proposed site shall be deemed to be approval of such 32 site. 33 2. Notwithstanding subdivision one of this section, the purchase or 34 lease of any property to be used in whole or in part as an off-track 35 betting facility by the Catskill off-track betting corporation in the 36 city of New York which includes or is located within a five mile radius 37 of a site that was approved prior to December sixth, two thousand ten 38 shall not require approval of the mayor or borough president. 39 § 517-b. Catskill off-track betting corporation; collective bargain- 40 ing. Notwithstanding any other provisions of law, rule, or regulation to 41 the contrary, to the extent that Catskill off-track betting opens facil- 42 ities within one of the boroughs of the city of New York to engage in 43 off-track betting or the support staff thereof, such corporation shall 44 recognize the collective bargaining representative of the employees of 45 the New York city off-track betting corporation as of December sixth, 46 two thousand ten, and shall abide by agreements negotiated between such 47 representative and Catskill off-track betting corporation. Nothing 48 contained in this section shall be construed to diminish the rights of 49 employees pursuant to paragraph (e) of subdivision one of section two 50 hundred nine-a of the civil service law. 51 § 517-c. Catskill off-track betting corporation; reporting. On or 52 before December thirty-first, two thousand nineteen, the Catskill off- 53 track betting corporation shall submit to the commission a report 54 setting forth: 1. the corporation's operations and accomplishments to 55 date; 2. the corporation's receipts and expenditures in accordance with 56 categories or classifications established by the corporation for its ownA. 3464 7 1 operating and capital outlay purposes; 3. the corporation's assets and 2 liabilities at the time of such report, including a schedule of its 3 bonds, notes, or other obligations and the status of reserves, depreci- 4 ations, special, sinking, or other funds; and 4. identities of branch 5 offices being planned or in the process of being constructed or other- 6 wise established and branch offices that have been constructed or estab- 7 lished. 8 § 517-d. Debts of previously established off-track betting corpo- 9 rations. Notwithstanding any other provisions of law, rule, or regu- 10 lation to the contrary, the debts and obligations of the New York city 11 off-track betting corporation shall not transfer by operation of law or 12 otherwise to the Catskill off-track betting corporation. 13 § 14. Subdivisions 3 and 7 of section 532 of the racing, pari-mutuel 14 wagering and breeding law, subdivision 3 as amended by chapter 243 of 15 the laws of 2020 and subdivision 7 as added by chapter 115 of the laws 16 of 2008, are amended to read as follows: 17 3. The revenues received from any surcharge imposed by subdivision one 18 of this section, plus the breaks, shall be distributed monthly, as 19 follows: 20 a. fifty percent shall be retained by the regional corporation and 21 twenty-five percent to such city, or to the counties and cities entitled 22 to receive revenues from the regional corporation pursuant to section 23 five hundred sixteen of this chapter and in the same proportion as 24 provided therein, or to an off-track betting operator; and 25 b. the balance as follows: 26 (i) where the track conducting the race on which the bet was placed is 27 located within a city with a population in excess of one hundred thou- 28 sand, but less than one million, to such city; 29 (ii) where the track conducting the race on which the bet was placed 30 is not located within a city with a population in excess of one hundred 31 thousand, to the county in which such track is located; 32 (iii) where the track conducting the race on which the bet was placed 33 is located partially within a city with a population in excess of one 34 million and partially within a county, [twenty-five percent of such35balance to the city and the remainder] to the county; 36 (iv) where the track conducting the race on which the bet was placed 37 is located outside the state, in the same manner as described in para- 38 graph a of this subdivision; 39 (v) where the track conducting the race is located in a thoroughbred 40 special betting district and is simulcasting pursuant to section one 41 thousand eight of this chapter outside such special betting district, 42 ninety percent to the off-track betting operator and ten percent to the 43 county in which such track is located; and 44 (vi) for the period of September first, two thousand seventeen until 45 August thirty-first, two thousand twenty-two and where the track 46 conducting the race on which the bet was placed is a harness track 47 located in the county of Erie, to such track. 48 7. Notwithstanding any other provision of this section, any payments 49 otherwise payable to a city with a population of one million or more, 50 [pursuant to this section, other than payments] pursuant to subpara- 51 graphs (i) and (iii) of paragraph b of subdivision three of this 52 section, shall be payable to the corporation and shall be available for 53 its corporate purposes, and may be distributed as net revenue pursuant 54 to section five hundred sixteen of this chapter. 55 § 15. This act shall take effect on the thirtieth day after it shall 56 have become a law.