Bill Text: NY A04537 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to the utilization of funds in the Catskill off-track betting corporation's capital acquisition fund for the purposes of statutory obligations, payroll, and expenditures necessary to accept authorized wagers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to real property taxation [A04537 Detail]

Download: New_York-2023-A04537-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4537

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2023
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Real Property Taxation

        AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
          relation to the utilization of funds in the Catskill off-track betting
          corporation's capital acquisition fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 509-a  of  the  racing,  pari-mutuel  wagering  and
     2  breeding  law,  as  amended by section 1 of part DD of chapter 59 of the
     3  laws of 2022, is amended to read as follows:
     4    § 509-a. Capital acquisition fund. 1. The corporation may  create  and
     5  establish  a  capital  acquisition fund for the purpose of financing the
     6  acquisition, construction or equipping of offices, facilities  or  prem-
     7  ises  of the corporation. Such capital acquisition fund shall consist of
     8  [(i)] a. the  amounts  specified  pursuant  to  subdivision  three-a  of
     9  section  five hundred thirty-two of this chapter; and [(ii)] b. contrib-
    10  utions from the corporation's pari-mutuel wagering pools, subject to the
    11  following limitations:
    12    [a.] (i) no contribution shall exceed the amount of one percent of the
    13  total pari-mutuel wagering pools for the quarter in which  the  contrib-
    14  ution is made;
    15    [b.]  (ii)  no  contribution  shall reduce the amount of quarterly net
    16  revenues, exclusive of surcharge revenues, to an amount less than  fifty
    17  percent of such net revenues; and
    18    [c.]  (iii) the balance of the fund shall not exceed the lesser of one
    19  percent of total pari-mutuel wagering  pools  for  the  previous  twelve
    20  months  or the undepreciated value of the corporation's offices, facili-
    21  ties and premises.
    22    2. a. Notwithstanding any other provision of law or regulation to  the
    23  contrary,  from April nineteenth, two thousand twenty-one to March thir-
    24  ty-first, two thousand twenty-two, twenty-three percent  of  the  funds,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09551-01-3

        A. 4537                             2

     1  not  to  exceed  two  and one-half million dollars, in the Catskill off-
     2  track betting corporation's capital acquisition  fund  and  twenty-three
     3  percent of the funds, not to exceed four hundred forty thousand dollars,
     4  in  the Capital off-track betting corporation's capital acquisition fund
     5  established pursuant to this section shall also  be  available  to  such
     6  off-track betting corporation for the purposes of statutory obligations,
     7  payroll, and expenditures necessary to accept authorized wagers.
     8    b.  Notwithstanding  any  other  provision of law or regulation to the
     9  contrary, from April first, two thousand  twenty-two  to  March  thirty-
    10  first, two thousand twenty-three, twenty-three percent of the funds, not
    11  to  exceed  two  and one-half million dollars, in the Catskill off-track
    12  betting corporation's capital acquisition fund established  pursuant  to
    13  this  section, and twenty-three percent of the funds, not to exceed four
    14  hundred forty thousand dollars, in the Capital off-track betting  corpo-
    15  ration's  capital acquisition fund established pursuant to this section,
    16  shall be available  to  such  off-track  betting  corporations  for  the
    17  purposes  of  statutory obligations, payroll, and expenditures necessary
    18  to accept authorized wagers.
    19    c. Prior to a corporation being able to utilize the  funds  authorized
    20  by  paragraph  b  of  this  subdivision,  the corporation must submit an
    21  expenditure plan to the gaming commission for review.  Such  plan  shall
    22  include the corporation's outstanding liabilities, projected revenue for
    23  the upcoming year, a detailed explanation of how the funds will be used,
    24  and  any  other information determined necessary by the commission. Upon
    25  review, the commission will make a determination as to whether access to
    26  the funds is needed and warranted.
    27    3. The Catskill off-track betting corporation  and  the  Capital  off-
    28  track  betting  corporation shall make a report to the governor, speaker
    29  of the assembly, temporary president of the senate  and  the  commission
    30  detailing  the  actual  use  of  the funds made available in the capital
    31  acquisition fund. Such report shall include, but not be limited to,  any
    32  impact on employment levels since utilizing the funds, the status of any
    33  statutory  obligations,  an accounting of the use of such funds, and any
    34  other information as deemed necessary by  the  commission.  Such  report
    35  shall  be due no later than the last day of the fiscal year in which the
    36  monies were spent.
    37    4. Notwithstanding any other provision of law  or  regulation  to  the
    38  contrary,  funds in the Catskill off-track betting corporation's capital
    39  acquisition fund established pursuant to  this  section  shall  also  be
    40  available to the Catskill off-track betting corporation for the purposes
    41  of  statutory obligations, payroll, and expenditures necessary to accept
    42  authorized wagers until the fund has been exhausted.
    43    § 2. This act shall take effect on the thirtieth day  after  it  shall
    44  have become a law.
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