Bill Text: NY A08066 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to vendor fees for video lottery gaming for certain vendor tracks located within Oneida county, within fifteen miles of a Native American class III gaming facility.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A08066 Detail]
Download: New_York-2017-A08066-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8066 2017-2018 Regular Sessions IN ASSEMBLY May 25, 2017 ___________ 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 vendor fees for video lottery gaming The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph 1 of subdivision b of 2 section 1612 of the tax law, is amended by adding a new clause (F-1) to 3 read as follows: 4 (F-1) notwithstanding clauses (A), (B), (C), (D), (E) and (F) of this 5 subparagraph, when the vendor track is located within Oneida county, is 6 within fifteen miles of a Native American class III gaming facility, and 7 maintains at least ninety percent of full time equivalent employees as 8 they employed in the year two thousand sixteen, as determined by the 9 gaming commission, at a rate of fifty-five percent for the first thirty 10 million dollars annually, and forty-one percent thereafter of the total 11 revenue wagered at the vendor track after payout for prizes pursuant to 12 this chapter; 13 § 2. Clause (H) of subparagraph (ii) of paragraph (1) of subdivision b 14 of section 1612 of the tax law, as amended by section 1 of part QQ of 15 chapter 59 of the laws of 2017, is amended to read as follows: 16 (H) notwithstanding clauses (A), (B), (C), (D), (E), (F) and (G) of 17 this subparagraph, the track operator of a vendor track and in the case 18 of Aqueduct, the video lottery terminal facility operator, shall be 19 eligible for a vendor's capital award of up to four percent of the total 20 revenue wagered at the vendor track after payout for prizes pursuant to 21 this chapter, which shall be used exclusively for capital project 22 investments to improve the facilities of the vendor track which promote 23 or encourage increased attendance at the video lottery gaming facility 24 including, but not limited to hotels, other lodging facilities, enter- 25 tainment facilities, retail facilities, dining facilities, events EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11459-01-7A. 8066 2 1 arenas, parking garages and other improvements that enhance facility 2 amenities; provided that such capital investments shall be approved by 3 the division, in consultation with the state racing and wagering board, 4 and that such vendor track demonstrates that such capital expenditures 5 will increase patronage at such vendor track's facilities and increase 6 the amount of revenue generated to support state education programs. The 7 annual amount of such vendor's capital awards that a vendor track shall 8 be eligible to receive shall be limited to two million five hundred 9 thousand dollars, except for Aqueduct racetrack, for which there shall 10 be no annual limit, provided, however, that any such capital award for 11 the Aqueduct video lottery terminal facility operator shall be one 12 percent of the total revenue wagered at the video lottery terminal 13 facility after payout for prizes pursuant to this chapter until the 14 earlier of the designation of one thousand video lottery devices as 15 hosted pursuant to paragraph four of subdivision a of section sixteen 16 hundred seventeen-a of this chapter or April first, two thousand nine- 17 teen and shall then be four percent of the total revenue wagered at the 18 video lottery terminal facility after payout for prizes pursuant to this 19 chapter, provided, further, that such capital award shall only be 20 provided pursuant to an agreement with the operator to construct an 21 expansion of the facility, hotel, and convention and exhibition space 22 requiring a minimum capital investment of three hundred million dollars. 23 Except for tracks having less than one thousand one hundred video gaming 24 machines, and except for a vendor track located west of State Route 14 25 from Sodus Point to the Pennsylvania border within New York, and except 26 for Aqueduct racetrack each track operator shall be required to co-in- 27 vest an amount of capital expenditure equal to its cumulative vendor's 28 capital award. For all tracks, except for Aqueduct racetrack, the amount 29 of any vendor's capital award that is not used during any one year peri- 30 od may be carried over into subsequent years ending before April first, 31 two thousand eighteen. Any amount attributable to a capital expenditure 32 approved prior to April first, two thousand eighteen and completed 33 before April first, two thousand twenty; or approved prior to April 34 first, two thousand twenty-two and completed before April first, two 35 thousand twenty-four for a vendor track located west of State Route 14 36 from Sodus Point to the Pennsylvania border within New York, shall be 37 eligible to receive the vendor's capital award. In the event that a 38 vendor track's capital expenditures, approved by the division prior to 39 April first, two thousand eighteen and completed prior to April first, 40 two thousand twenty, exceed the vendor track's cumulative capital award 41 during the five year period ending April first, two thousand eighteen, 42 the vendor shall continue to receive the capital award after April 43 first, two thousand eighteen until such approved capital expenditures 44 are paid to the vendor track subject to any required co-investment. In 45 no event shall any vendor track that receives a vendor fee pursuant to 46 clause (F), (F-1) or (G) of this subparagraph be eligible for a vendor's 47 capital award under this section. Any operator of a vendor track which 48 has received a vendor's capital award, choosing to divest the capital 49 improvement toward which the award was applied, prior to the full depre- 50 ciation of the capital improvement in accordance with generally accepted 51 accounting principles, shall reimburse the state in amounts equal to the 52 total of any such awards. Any capital award not approved for a capital 53 expenditure at a video lottery gaming facility by April first, two thou- 54 sand eighteen shall be deposited into the state lottery fund for educa- 55 tion aid; andA. 8066 3 1 § 3. Subparagraph (ii) of paragraph 1 of subdivision b of section 1612 2 of the tax law, is amended by adding a new clause (J) to read as 3 follows: 4 (J) In the event that the operator of a vendor track who receives a 5 vendor fee pursuant to clause (F-1) of this subparagraph has any remain- 6 ing funds in their vendor capital award account, any claim by the opera- 7 tor of the vendor track on these funds shall immediately be forfeited, 8 and the funds shall be transferred to the state lottery fund as created 9 by section ninety-two-e of the state finance law. 10 § 4. This act shall take effect immediately.
