Bill Text: NY S04173 | 2013-2014 | General Assembly | Introduced

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Bill Title: Increases investment through vendors fees in certain regional race tracks located within forty miles of a casino gambling facility.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO RACING, GAMING AND WAGERING [S04173 Detail]

Download: New_York-2013-S04173-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4173
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2013
                                      ___________
       Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
         printed  to be committed to the Committee on Racing, Gaming and Wager-
         ing
       AN ACT to amend the tax law and the  racing,  pari-mutuel  wagering  and
         breeding law, in relation to vendor's fees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Clause (D) of subparagraph (ii) of paragraph 1 of  subdivi-
    2  sion b of section 1612 of the tax law, as amended by section 6 of part K
    3  of chapter 57 of the laws of 2010, is amended to read as follows:
    4    (D)  notwithstanding  clauses  (A),  (B) and (C) of this subparagraph,
    5  when the vendor track is located within fifteen miles of a Native Ameri-
    6  can class III gaming facility OR A GAMING FACILITY  AUTHORIZED  PURSUANT
    7  TO SUBDIVISION ONE OF SECTION NINE OF ARTICLE ONE OR ARTICLE FOUR OF THE
    8  STATE  CONSTITUTION, at a rate of forty-one percent of the total revenue
    9  wagered at the vendor track after payout for  prizes  pursuant  to  this
   10  chapter;
   11    S  2.  The racing, pari-mutuel wagering and breeding law is amended by
   12  adding a new section 1113 to read as follows:
   13    S 1113. INVESTMENT IN CERTAIN FACILITIES.  1. THE OPERATION OF  CASINO
   14  GAMING  AT  A  FACILITY  PURSUANT TO SUBDIVISION ONE  OF SECTION NINE OF
   15  ARTICLE ONE OF THE CONSTITUTION SHALL ONLY BE  CONDUCTED  BY  AN  ENTITY
   16  WHICH, ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND ELEVEN WAS LICENSED BY
   17  LAW  THEN  IN EFFECT TO CONDUCT VIDEO LOTTERY GAMING PURSUANT TO SECTION
   18  SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW AND ONLY UPON THE PREMISES OR
   19  A CONTIGUOUS PREMISES WHERE SUCH VIDEO LOTTERY GAMING WAS AUTHORIZED  TO
   20  BE  CONDUCTED.  THE  NET  PROCEEDS DERIVED BY THE STATE FROM SUCH CASINO
   21  GAMING SHALL BE APPLIED EXCLUSIVELY TO OR IN AID OR SUPPORT OF EDUCATION
   22  IN THIS STATE AS THE LEGISLATURE MAY PRESCRIBE EXCEPT THAT NO MORE  THAN
   23  TEN  PERCENT  OF SUCH FUNDS MAY BE USED FOR THE SUPPORT OF LOCAL GOVERN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08481-02-3
       S. 4173                             2
    1  MENT IN THE HOST COMMUNITIES AS  PRESCRIBED  BY  THE  LOCAL  LEGISLATIVE
    2  BODY.
    3    2. AS CONSIDERATION FOR THE OPERATION OF CASINO GAMBLING AT A FACILITY
    4  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  NINE  OF ARTICLE ONE OF THE
    5  CONSTITUTION, THE STATE GAMING COMMISSION SHALL CAUSE THE INVESTMENT  IN
    6  THE  RACING  INDUSTRY  OF  A  PORTION  OF THE VENDOR FEE RETAINED BY THE
    7  FACILITY IN THE MANNER SET FORTH AS FOLLOWS:
    8    (A) EACH SUCH GAMBLING FACILITY SHALL DEDICATE A PORTION OF ITS VENDOR
    9  FEE SOLELY FOR THE PURPOSE OF ENHANCING PURSES AT  EACH  REGIONAL  TRACK
   10  LOCATED  WITHIN  A  FORTY  MILE  RADIUS  OF SUCH GAMBLING FACILITY IN AN
   11  AMOUNT EQUALING SEVEN AND ONE-HALF PERCENT OF TOTAL REVENUE  WAGERED  AT
   12  THE  FACILITY  AFTER  PAYMENT  FOR  PRIZES  WHEN  SUCH REGIONAL TRACK IS
   13  CONDUCTING A LIVE RACE MEETING PROVIDED THAT  NO  REGIONAL  TRACK  SHALL
   14  RECEIVE RACING SUPPORT PAYMENTS FOR THE PURPOSE OF ENHANCING PURSES THAT
   15  IS  LESS THAN THE PURSE ENHANCEMENTS RECEIVED IN CALENDAR YEAR TWO THOU-
   16  SAND TWELVE AS CONSIDERATION FOR THE OPERATION OF VIDEO  LOTTERY  GAMING
   17  PURSUANT TO SECTION SIXTEEN HUNDRED TWELVE OF THE TAX LAW; AND
   18    (B) EACH SUCH GAMBLING FACILITY SHALL DEDICATE A PORTION OF ITS VENDOR
   19  FEE  SOLELY FOR THE PURPOSE OF RACING OPERATIONS OR CAPITAL EXPENDITURES
   20  AT EACH REGIONAL TRACK LOCATED WITHIN A FORTY MILE RADIUS OF SUCH GAMBL-
   21  ING FACILITY IN AN AMOUNT EQUALING FOUR PERCENT OF TOTAL REVENUE WAGERED
   22  AFTER PAYOUT FOR PRIZES WHEN SUCH REGIONAL TRACK IS  CONDUCTING  A  LIVE
   23  RACE  MEETING.    IN ADDITION, ONE AND ONE-HALF PERCENT OF TOTAL REVENUE
   24  WAGERED AT THE GAMBLING FACILITY  AFTER  PAY-OUT  FOR  PRIZES  SHALL  BE
   25  DISTRIBUTED  TO  THE  APPROPRIATE BREEDING FUND FOR THE MANNER OF RACING
   26  CONDUCTED BY SUCH TRACK.
   27    3. IN THE EVENT TWO OR MORE REGIONAL TRACKS  ARE  LOCATED  WITHIN  THE
   28  FORTY  MILE  RADIUS OF THE CASINO GAMBLING FACILITY AND ARE CONDUCTING A
   29  LIVE RACE MEETING, THE RACING SUPPORT PAYMENTS PROVIDED FOR IN  SUBDIVI-
   30  SION TWO OF THIS SECTION SHALL BE APPORTIONED EQUALLY.
   31    4. IN THE EVENT TWO OR MORE GAMBLING FACILITIES ARE LOCATED WITHIN THE
   32  FORTY MILE RADIUS OF A REGIONAL TRACK THE RACING SUPPORT PAYMENTS SHOULD
   33  BE APPORTIONED EQUALLY.
   34    5.  FOR  THE  PURPOSE  OF THIS SECTION THE TERM "REGIONAL TRACK" SHALL
   35  ALSO MEAN A GAMBLING FACILITY WHICH CONDUCTS A LIVE RACE MEETING  PURSU-
   36  ANT TO ARTICLES TWO, THREE AND FOUR OF THIS CHAPTER.
   37    S 3. This act shall take effect immediately.