Bill Text: NY S01890 | 2021-2022 | General Assembly | Introduced

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Bill Title: Permits video lottery gaming in the town of Woodbury, county of Orange; designates vendor fees; requires a mitigation agreement.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-01-19 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01890 Detail]

Download: New_York-2021-S01890-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1890

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sens.  SKOUFIS, ADDABBO, MAYER -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Racing,
          Gaming and Wagering

        AN  ACT  to  amend the tax law and the state finance law, in relation to
          video lottery gaming in the town of Woodbury; and  to  repeal  certain
          provisions of the state finance law relating thereto

          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] sixty-four percent for a video lottery gaming facili-
     6  ty  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 the town of Woodbury,  county  of  Orange  [county],  the
    13  division  shall  cause  the  investment  in  the  racing industry at the
    14  following amount from the vendor fee to be 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 video lottery gaming  facility,  after  pay
    18  out  for prizes. The [facility located] horsemen at a licensed racetrack
    19  in [Orange] Sullivan county,[ as defined in paragraph five  of  subdivi-
    20  sion a of section sixteen hundred seventeen-a of this article] shall pay
    21  to  the  horsemen at a licensed racetrack at Yonkers racetrack an amount
    22  to maintain purses for such horsemen at the same dollar levels  realized
    23  in two thousand eighteen, to be adjusted by the consumer price index for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06078-01-1
        S. 1890                             2

     1  all  urban consumers, as published annually by the United States depart-
     2  ment of labor bureau of labor statistics. In addition, one and one-quar-
     3  ter percent of total revenue wagered at the video lottery gaming facili-
     4  ty  after  pay  out  for  prizes,  received  pursuant  to  clause (B) of
     5  subparagraph (ii) of paragraph one of subdivision  b  of  this  section,
     6  shall  be distributed to the appropriate breeding fund for the manner of
     7  racing conducted by such track. In no circumstance shall net proceeds of
     8  the lottery, including the proceeds from video lottery gaming,  be  used
     9  for the payment of non-lottery expenses of the gaming commission, admin-
    10  istrative or otherwise.
    11    §  4. Paragraphs 5 and 6 of subdivision a of section 1617-a of the tax
    12  law, as added by section 4 of part S of chapter 39 of the laws of  2019,
    13  are  amended  and  two  new  paragraphs  8  and 9 are added   to read as
    14  follows:
    15    (5) At a facility located in the town of Woodbury,  county  of  Orange
    16  [county]  to  be  operated  by  the entity otherwise licensed to operate
    17  video lottery gaming at Monticello racetrack, provided  that:  (i)  such
    18  licensed entity is no longer operating video lottery gaming at Monticel-
    19  lo racetrack and provided that Monticello racetrack is conducting racing
    20  operations; (ii) such facility in the town of Woodbury, county of Orange
    21  [county]  is  not sited within a thirty mile radius of the video lottery
    22  gaming facility at Yonkers racetrack; and (iii) the licensed entity, its
    23  subsidiaries and affiliates, including the entity licensed to operate  a
    24  commercial  gaming  facility in Sullivan county, and the entity licensed
    25  to operate video lottery gaming at Yonkers racetrack enter into a  miti-
    26  gation  agreement,  to be approved by the gaming commission, which shall
    27  include, but not be limited to, terms that require: (A) the operator  of
    28  the  facility in the town of Woodbury, county of Orange [county] to make
    29  an annual payment to the entity licensed to operate video lottery gaming
    30  or commercial gaming at Yonkers racetrack to  account  for  the  effects
    31  that  siting  such  facility  in  Orange county would likely have on the
    32  gross gaming revenue of the entity licensed to operate at Yonkers  race-
    33  track;  (B)  employment  levels at the affected facilities; and (C) that
    34  upon expiration or termination of the agreement, the authority to  oper-
    35  ate  video  lottery gaming in Orange county shall cease. Notwithstanding
    36  any other provision of this subdivision, at  no  time  shall  an  entity
    37  operating  video  lottery  gaming in Orange county be permitted to apply
    38  for or receive a license to operate a commercial gaming facility in that
    39  county. Notwithstanding any other provision of law to the  contrary,  at
    40  no  time  shall  an entity operating video lottery gaming in the town of
    41  Woodbury, county of Orange be permitted  to  enter  into  any  agreement
    42  with, or accept any benefit from, an entity authorized pursuant to arti-
    43  cle  eighteen-a  of the general municipal law, including but not limited
    44  to payments in lieu of taxes authorized by section eight hundred  fifty-
    45  eight of the general municipal law.
    46    (6)  Notwithstanding  any other provision of law to the contrary, as a
    47  condition of the license to operate  a  video  lottery  gaming  facility
    48  located  in the town of Woodbury, county of Orange [county], such opera-
    49  tor shall provide an annual certification to the New York  state  gaming
    50  commission  that  the  staffing  levels  at a commercial gaming facility
    51  located in zone two, region one pursuant to section thirteen hundred ten
    52  of the racing, pari-mutuel wagering and breeding law (or  any  successor
    53  commercial  gaming facility located in said region) are no less than one
    54  thousand four hundred seventy-three full-time, permanent  employees.  In
    55  furtherance  of and without limiting the foregoing, the licensee for the
    56  commercial gaming facility located in zone two, region one  pursuant  to
        S. 1890                             3

     1  section  thirteen  hundred  ten  of the racing, pari-mutuel wagering and
     2  breeding law (or any successor commercial  gaming  facility  located  in
     3  such  region) shall not conduct any mass, involuntary layoff events that
     4  would  trigger  worker adjustment and retraining notification (WARN) act
     5  notifications pursuant to article twenty-five-A  of  the  labor  law  or
     6  otherwise  result  in  the  employment  levels at such facility dropping
     7  below levels mandated by this section. For  purposes  of  this  section,
     8  "full-time, permanent employee" shall mean an employee who has worked at
     9  the  facility  for  a minimum of thirty-five hours per week for not less
    10  than four consecutive weeks and who is entitled to receive the usual and
    11  customary fringe benefits extended to other  employees  with  comparable
    12  rank  and  duties;  or  two  part-time  employees who have worked at the
    13  facility for a combined minimum of thirty-five hours per  week  for  not
    14  less  than  four  consecutive  weeks and who are entitled to receive the
    15  usual and customary fringe benefits extended  to  other  employees  with
    16  comparable rank and duties.
    17    (8)  Notwithstanding  any other provision of law to the contrary, as a
    18  condition of the license to operate  a  video  lottery  gaming  facility
    19  located  in  the town of Woodbury, county of Orange, such operator shall
    20  maintain assistance payments made pursuant to  section  fifty-four-l  of
    21  the state finance law to the village of Monticello, Sullivan county, the
    22  town  of  Thompson,  Sullivan county, and Sullivan county. Payments made
    23  pursuant to this paragraph shall be made quarterly at  the  same  dollar
    24  level  realized  by  such municipalities in two thousand eighteen, to be
    25  adjusted annually pursuant to changes in the consumer  price  index  for
    26  all  urban consumers, as published annually by the United States depart-
    27  ment of labor bureau of labor statistics.   As an  additional  condition
    28  for  such  license,  such  operator  shall maintain additional quarterly
    29  assistance payments to Sullivan county in annualized  amounts  equal  to
    30  the  sales  taxes  paid to such county by the operator of the commercial
    31  gaming facility located in zone two,  region  one  pursuant  to  section
    32  thirteen  hundred  ten  of the racing, pari-mutuel wagering and breeding
    33  law (or any successor commercial gaming facility located in said region)
    34  in the year two thousand eighteen, to be adjusted annually  pursuant  to
    35  changes  in  the  consumer  price  index  for  all  urban  consumers, as
    36  published annually by the United States department of  labor  bureau  of
    37  labor statistics.
    38    (9)  Notwithstanding  any  other  provision of law to the contrary, no
    39  license shall be granted to operate  a  video  lottery  gaming  facility
    40  located  in  the  town  of  Woodbury,  county  of  Orange,  prior to the
    41  execution of a memorandum of understanding between such operator and the
    42  county of Sullivan, which shall be approved by passage of  a  resolution
    43  of  the  Sullivan  county  legislature. Such memorandum of understanding
    44  shall include, but not be limited to, terms that provide for a  one-time
    45  payment  in  the amount of one million dollars from such operator to the
    46  county of Sullivan, in addition to any other terms.
    47    § 5. Subdivision 5 of  section  54-l  of  the  state  finance  law  is
    48  REPEALED and a new subdivision 5 is added to read as follows:
    49    5.  Notwithstanding  any  other  provision of law to the contrary, all
    50  municipalities within which the facility referenced in paragraph five of
    51  subdivision a of section sixteen hundred seventeen-a of the tax  law  is
    52  located,  shall  be eligible for state assistance to eligible cities and
    53  eligible municipalities pursuant to  this  section;  provided,  however,
    54  that  if  such  facility  is located within the geographic boundaries of
    55  more than one village, each such village shall receive an  equal  amount
    56  of  state assistance pursuant to this section.  State assistance awarded
        S. 1890                             4

     1  to such cities and municipalities shall not be less than  three  million
     2  dollars  per  award  regardless  of the number of such cities or munici-
     3  palities receiving such award.
     4    §  6.  This act shall take effect immediately; provided, however, that
     5  no video lottery gaming may be conducted at any facility  within  Orange
     6  county unless and until the mitigation agreement required by this act is
     7  executed by all parties and approved by the gaming commission.