Bill Text: NY A03599 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to video lottery gaming located in Orange county.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to ways and means [A03599 Detail]
Download: New_York-2023-A03599-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3599 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Ways and Means AN ACT to amend the tax law, in relation to video lottery gaming located in Orange county The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subclause 5 of clause (B) of subparagraph (ii) of paragraph 2 1 of subdivision b of section 1612 of the tax law, as added by section 1 3 of part S of chapter 39 of the laws of 2019, is amended to read as 4 follows: 5 (5) [forty-nine] thirty percent for a video lottery gaming facility 6 authorized pursuant to paragraph five of subdivision a of section 7 sixteen hundred seventeen-a of this article; 8 § 2. Subdivision h of section 1612 of the tax law, as amended by 9 section 3 of part S of chapter 39 of the laws of 2019, is amended to 10 read as follows: 11 h. As consideration for the operation of a video lottery gaming facil- 12 ity located in Orange county, the division shall cause the investment in 13 the racing industry at the following amount from the vendor fee to be 14 paid as follows: 15 As amount to the horsemen for purses at a licensed racetrack in Sulli- 16 van county in an amount equal to eight and three-quarters percent of the 17 total revenue wagered at [the] a video lottery gaming facility located 18 in Orange county, after pay out for prizes. The facility located in 19 Orange county, as defined in paragraph five of subdivision a of section 20 sixteen hundred seventeen-a of this article shall pay to the horsemen at 21 a licensed racetrack at Yonkers racetrack an amount to maintain purses 22 for such horsemen at the same dollar levels realized in two thousand 23 eighteen, to be adjusted by the consumer price index for all urban 24 consumers, as published annually by the United States department of 25 labor bureau of labor statistics. In addition, one and one-quarter EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08336-01-3A. 3599 2 1 percent of total revenue wagered at [the] a video lottery gaming facili- 2 ty located in Orange county after pay out for prizes, received pursuant 3 to clause (B) of subparagraph (ii) of paragraph one of subdivision b of 4 this section, shall be distributed to the appropriate breeding fund for 5 [the manner of] racing conducted by [such track] a racetrack located in 6 Sullivan county. In no circumstance shall net proceeds of the lottery, 7 including the proceeds from video lottery gaming, be used for the 8 payment of non-lottery expenses of the gaming commission, administrative 9 or otherwise. 10 § 3. Paragraphs 5 and 6 of subdivision a of section 1617-a of the tax 11 law, as added by section 4 of part S of chapter 39 of the laws of 2019, 12 are amended to read as follows: 13 (5) At a facility located in Orange county to be operated by the enti- 14 ty otherwise licensed to operate video lottery gaming at [Monticello] a 15 racetrack in Sullivan county, provided that: (i) such licensed entity is 16 no longer operating video lottery gaming at [Monticello] a racetrack 17 located in Sullivan county and provided that [Monticello] the racetrack 18 located in Sullivan county is conducting racing operations; (ii) such 19 facility in Orange county is not sited within a thirty mile radius of 20 the video lottery gaming facility at [Yonkers] a racetrack located in 21 Westchester county; [and] (iii) the licensed entity, its subsidiaries 22 and affiliates, including the entity licensed to operate a commercial 23 gaming facility in Sullivan county, and Orange county enter into a miti- 24 gation agreement to be paid out of the vendor fee for the facility 25 located in Orange county, to be approved by the gaming commission; (iv) 26 the licensed entity, its subsidiaries and affiliates, including the 27 entity licensed to operate a commercial gaming facility in Sullivan 28 county, and the entity licensed to operate video lottery gaming at Yonk- 29 ers racetrack and the statutorily recognized horsemen's association at 30 Yonkers racetrack enter into a mitigation agreement, to be approved by 31 the gaming commission, which shall include, but not be limited to, terms 32 that require: (A) the operator of the facility in Orange county to make 33 an annual payment to the entity licensed to operate video lottery gaming 34 or upon conversion of such license, to the entity licensed to operate a 35 commercial gaming facility at Yonkers racetrack and the statutorily 36 recognized horsemen's association at Yonkers racetrack to account for 37 the effects that siting such facility in Orange county would likely have 38 on the gross gaming revenue of the entity licensed to operate at Yonkers 39 racetrack and upon purses and breeding fund payments from Yonkers race- 40 track; (B) employment levels at the affected facilities; and (C) that 41 upon expiration or termination of the agreement, the authority to oper- 42 ate video lottery gaming in Orange county shall cease; and (v) the 43 licensed entity, its subsidiaries and affiliates, including the entity 44 licensed to operate a commercial gaming facility in Sullivan county, and 45 Sullivan county enter into a mitigation agreement to be paid out of the 46 vendor fee for the facility located in Orange county, to be approved by 47 the gaming commission, which shall include, but not be limited to, terms 48 that require: (A) the operator of the facility in Orange county to make 49 an annual payment to Sullivan county to maintain funding at the same 50 dollar levels realized in two thousand twenty; and (B) that upon expira- 51 tion, termination, or withdrawal of the agreement, the authority to 52 operate video lottery gaming in Orange county shall cease. Notwithstand- 53 ing any other provision of this subdivision, at no time shall an entity 54 operating video lottery gaming in Orange county be permitted to apply 55 for or receive a license to operate a commercial gaming facility in that 56 county.A. 3599 3 1 (6) Notwithstanding any other provision of law to the contrary, as a 2 condition of the license to operate a video lottery gaming facility 3 located in Orange county, such operator shall provide an annual certif- 4 ication to the New York state gaming commission that the staffing levels 5 at a commercial gaming facility located in zone two, region one pursuant 6 to section thirteen hundred ten of the racing, pari-mutuel wagering and 7 breeding law (or any successor commercial gaming facility located in 8 said region) are [no less than one thousand four hundred seventy-three] 9 maintained at ninety percent of the full-time, permanent employees as 10 they employed in the first quarter of the fiscal year two thousand twen- 11 ty-three. In furtherance of and without limiting the foregoing, the 12 licensee for the commercial gaming facility located in zone two, region 13 one pursuant to section thirteen hundred ten of the racing, pari-mutuel 14 wagering and breeding law (or any successor commercial gaming facility 15 located in such region) shall not conduct any mass, involuntary layoff 16 events that would trigger worker adjustment and retraining notification 17 (WARN) act notifications pursuant to article twenty-five-A of the labor 18 law or otherwise result in the employment levels at such facility drop- 19 ping below levels mandated by this section. For purposes of this 20 section, "full-time, permanent employee" shall mean an employee who has 21 worked at the facility for a minimum of thirty-five hours per week for 22 not less than four consecutive weeks and who is entitled to receive the 23 usual and customary fringe benefits extended to other employees with 24 comparable rank and duties; or two part-time employees who have worked 25 at the facility for a combined minimum of thirty-five hours per week for 26 not less than four consecutive weeks and who are entitled to receive the 27 usual and customary fringe benefits extended to other employees with 28 comparable rank and duties. 29 § 4. Paragraph 1-b of subdivision b of section 1612 of the tax law, as 30 added by section 2 of part EE of chapter 59 of the laws of 2019, is 31 amended to read as follows: 32 1-b. (i) Notwithstanding any provision of law to the contrary, free 33 play allowance credits authorized by the division pursuant to subdivi- 34 sion i of section sixteen hundred seventeen-a of this article shall not 35 be included in the calculation of the total amount wagered on video 36 lottery games, the total amount wagered after payout of prizes, the 37 vendor fees payable to the operators of video lottery gaming facilities, 38 fees payable to the division's video lottery gaming equipment contrac- 39 tors, or racing support payments. 40 (ii) A video lottery gaming facility located in Orange county shall 41 not utilize free play credits. 42 § 5. This act shall take effect immediately; provided, however, that 43 no video lottery gaming may be conducted at any facility within Orange 44 county unless and until the mitigation agreement required by this act is 45 executed by all parties and approved by the gaming commission.
