Bill Text: NY A04462 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that the additional vendor's marketing allowance retained by any operator of a racetrack located in the county of Westchester shall not exceed 8 percent of the total revenue wagered at the vendor track after payout for prizes and the remainder of such additional vendor's marketing allowance, not to exceed 25 million dollars, shall be paid to the Yonkers city school district board of education in quarterly payments for the support and maintenance of certain educational programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to racing and wagering [A04462 Detail]

Download: New_York-2019-A04462-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4462
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        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, in relation  to  the  distribution  of  the
          additional vendor's marketing allowance by any operator of a racetrack
          located in the county of Westchester
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.   Subparagraph (iii) of paragraph 1  of  subdivision  b  of
     2  section  1612  of the tax law, as separately amended by chapters 174 and
     3  175 of the laws of 2013, is amended to read as follows:
     4    (iii) less an additional vendor's marketing allowance at a rate of ten
     5  percent for the first one hundred million  dollars  annually  and  eight
     6  percent  thereafter  of  the  total  revenue wagered at the vendor track
     7  after payout for prizes to be used by the vendor track for the marketing
     8  and promotion and associated costs of its  video  lottery  gaming  oper-
     9  ations  and  pari-mutuel  horse  racing  operations, as long as any such
    10  costs associated with pari-mutuel horse racing operations simultaneously
    11  encourage increased attendance at such  vendor's  video  lottery  gaming
    12  facilities, consistent with the customary manner of marketing comparable
    13  operations in the industry and subject to the overall supervision of the
    14  division;  provided,  however,  that  the  additional vendor's marketing
    15  allowance shall not exceed eight percent in any year for any operator of
    16  a racetrack located in the county of Westchester  or  Queens;  provided,
    17  however,  a  vendor  track that receives a vendor fee pursuant to clause
    18  (G) of subparagraph (ii) of this paragraph shall not receive  the  addi-
    19  tional  vendor's  marketing  allowance;  provided, however, except for a
    20  vendor track located west of State Route 14  from  Sodus  Point  to  the
    21  Pennsylvania  border within New York shall continue to receive a market-
    22  ing allowance of ten percent on total  revenue  wagered  at  the  vendor
    23  track  after  payout for prizes in excess of one hundred million dollars
    24  annually provided, however, a vendor that receives a vendor fee pursuant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04969-01-9
        A. 4462                             2
     1  to clause (G-1) of subparagraph (ii) of this paragraph shall receive  an
     2  additional  marketing  allowance  at  a rate of ten percent of the total
     3  revenue wagered at the video lottery gaming facility  after  payout  for
     4  prizes.  [In  establishing  the  vendor  fee,]  The  additional vendor's
     5  marketing allowance for any operator of a racetrack located in the coun-
     6  ty of Westchester expended by such  operator  for  marketing  shall  not
     7  exceed  eight  percent  of the total revenue wagered at the vendor track
     8  after payout for prizes pursuant to this chapter in  any  year  and  the
     9  remainder of such additional vendor's marketing allowance for such oper-
    10  ator  calculated pursuant to this subdivision, not to exceed twenty-five
    11  million dollars annually, shall be paid by such operator to the  Yonkers
    12  city school district board of education in quarterly payments commencing
    13  July  first,  two  thousand eighteen to support and maintain educational
    14  programs established pursuant to the settlement agreement dated  January
    15  thirty-first,  two  thousand  two in United States of America v. Yonkers
    16  Board of Education. Notwithstanding any other provision of law, rule  or
    17  regulation to the contrary, such amount provided pursuant to this subdi-
    18  vision shall be in addition to any annual maintenance of effort require-
    19  ment imposed on the state or city of Yonkers.
    20    § 2. This act shall take effect July 1, 2020.