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A10441 Summary:

BILL NOA10441A
SAME ASNo Same As
SPONSORPretlow
COSPNSR
MLTSPNSR
Amd §§1617-a & 1612, Tax L
Relates to the operation of video lottery terminals at Aqueduct racetrack.
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A10441 Actions:

BILL NOA10441A
05/27/2016referred to racing and wagering
06/03/2016amend and recommit to racing and wagering
06/03/2016print number 10441a
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A10441 Committee Votes:


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A10441 Floor Votes:

There are no votes for this bill in this legislative session.
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A10441 Memo:

NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10441A
 
SPONSOR: Pretlow

 
TITLE OF BILL:
 
An act to amend the tax law, in relation to the operation of video
lottery terminals at Aqueduct racetrack
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to clarify the provisions of the agreement
between the Nassau Off-Track Betting Corporation and the operator of
video lottery gaming at Aqueduct Racetrack regarding the hosting of
video lottery terminals.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
This bill would require the Nassau Off-Track Betting Corporation to
include in its detailed spending plan to be submitted for approval to
the New York State Gaming Commission, a plan for the fair and equitable
distribution of funds it receives from the agreement with the operator
of video lottery gaming at Aqueduct Racetrack to Nassau County.
 
The bill would also clarify that the machines to be hosted at the Aque-
duct video lottery terminal facility must be in addition to the number
of terminals in operation at such facility on April 1, 2016.
 
The operator of video lottery gaming at Aqueduct Racetrack would also be
required to, at minimum, maintain amounts to aid to education from video
lottery gaming at Aqueduct Racetrack at the same dollar level realized
in 2015.
 
Finally, the bill would establish that the maximum annual amount of
capital awards that the operator of video lottery gaming at Aqueduct
Racetrack would be eligible to receive would be limited to $2.5 million
to create parity with other video lottery terminals.
 
 
JUSTIFICATION:
 
The SFY 2016-17 enacted budget authorized the Nassau OTB and Aqueduct
Racetrack to enter into an agreement regarding the hosting of the Nassau
OTB's video lottery terminals at Aqueduct Racetrack. Off-track betting
corporations were established to help provide additional revenue to the
municipalities, but under the structure of the current law, the Nassau
OTB would be able to utilize a significant amount of the funds from the
agreement to address operational debts. This bill would ensure that
participating counties receive an appropriate distribution of the money
negotiated through the agreement to further the intent of the OTBs.
 
In addition, this bill would ensure that the video lottery terminals to
be hosted at the Aqueduct video lottery terminal facility on behalf the
Nassau OTB will be new machines and not existing, re-designated termi-
nals, maximizing revenue.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATION:
To be determined.
 
 
EFFECTIVE DATE:
This act would take effect immediately; provided, however that section
two of this act would take effect on the same date and in the same
manner as Section 2 of Part SS of Chapter 60 of the Laws of 2016, takes
effect.
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A10441 Text:


 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10441--A
 
                   IN ASSEMBLY
 
                                      May 27, 2016
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  tax  law, in relation to the operation of video
          lottery terminals at Aqueduct racetrack
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph 4 of subdivision a and subdivision c of section
     2  1617-a of the tax law, paragraph 4 of subdivision a as added and  subdi-
     3  vision c as amended by section 1 of part SS of chapter 60 of the laws of
     4  2016, are amended and a new subdivision d-1 is added to read as follows:
     5    (4) Aqueduct racetrack, within the lottery terminal facility, pursuant
     6  to  an agreement between the corporation established pursuant to section
     7  five hundred two of the racing, pari-mutuel wagering and breeding law in
     8  the Nassau region and the operator of video lottery gaming  at  Aqueduct
     9  racetrack,  when such agreement is approved by the gaming commission and
    10  as long as such agreement is in place, and when such agreement is accom-
    11  panied by a detailed  spending  plan  for  the  corporation  established
    12  pursuant to section five hundred two of the racing, pari-mutuel wagering
    13  and  breeding  law  in  the Nassau region, which includes a plan for the
    14  timely payment of liabilities due to the franchised corporation and  the
    15  fair  and equitable distribution of funds by the corporation established
    16  pursuant to section five hundred two of the racing, pari-mutuel wagering
    17  and breeding law in the Nassau region to the participating counties, and
    18  when such video lottery devices are hosted  by  the  operator  of  video
    19  lottery gaming at Aqueduct racetrack on behalf of the corporation estab-
    20  lished  pursuant  to section five hundred two of the racing, pari-mutuel
    21  wagering and breeding law in the Nassau region in lieu of  the  develop-
    22  ment  of a facility in Nassau county as authorized by paragraph three of
    23  this subdivision [a of this section].  Such  agreement  reached  by  the
    24  parties  shall  identify the agency principally responsible for funding,
    25  approving or undertaking any actions of such agreement. Provided, howev-
    26  er, nothing in this paragraph shall infringe  upon  the  rights  of  the
    27  corporation  established  pursuant  to  section  five hundred two of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15686-02-6
        A. 10441--A                         2
 
     1  racing, pari-mutuel wagering and breeding law in the  Nassau  region  to
     2  develop  a facility pursuant to paragraph three of this subdivision upon
     3  the expiration, termination, or withdrawal of such agreement.
     4    c.  The terminals authorized pursuant to paragraph four of subdivision
     5  a of this section shall:
     6    (i) be deemed as operated by the corporation established  pursuant  to
     7  section  five hundred two of the racing, pari-mutuel wagering and breed-
     8  ing law in the Nassau region for the purposes of section sixteen hundred
     9  twelve of this chapter and the distributions therefrom made  as  if  the
    10  video lottery devices were located in Nassau county;
    11    (ii)  consist  exclusively of electronic table games, unless otherwise
    12  approved by the gaming commission and the director of  the  division  of
    13  the budget; [and]
    14    (iii) be individually designated as hosted[.]; and
    15    (iv)  be  in  addition  to the number of terminals in operation at the
    16  Aqueduct video lottery terminal facility on  the  first  of  April,  two
    17  thousand sixteen.
    18    d-1.  The operator of video lottery gaming at Aqueduct racetrack shall
    19  be required to maintain at minimum, the amounts for  aid  to  education,
    20  from  video  lottery  gaming  at  Aqueduct racetrack at the dollar level
    21  realized in two thousand fifteen, to be adjusted by the  consumer  price
    22  index  for  all  urban  consumers,  as  published annually by the United
    23  States department of labor, bureau of labor statistics.
    24    § 2. Clause (H) of subparagraph (ii) of paragraph 1 of  subdivision  b
    25  of  section  1612  of the tax law, as separately amended by section 1 of
    26  part GG and section 2 of part SS of chapter 60 of the laws of  2016,  is
    27  amended to read as follows:
    28    (H)  notwithstanding  clauses  (A), (B), (C), (D), (E), (F) and (G) of
    29  this subparagraph, the track operator of a vendor track and in the  case
    30  of  Aqueduct,  the  video  lottery  terminal facility operator, shall be
    31  eligible for a vendor's capital award of up to four percent of the total
    32  revenue wagered at the vendor track after payout for prizes pursuant  to
    33  this  chapter,  which  shall  be  used  exclusively  for capital project
    34  investments to improve the facilities of the vendor track which  promote
    35  or  encourage  increased attendance at the video lottery gaming facility
    36  including, but not limited to hotels, other lodging  facilities,  enter-
    37  tainment   facilities,  retail  facilities,  dining  facilities,  events
    38  arenas, parking garages and other  improvements  that  enhance  facility
    39  amenities;  provided  that such capital investments shall be approved by
    40  the division, in consultation with the state racing and wagering  board,
    41  and  that  such vendor track demonstrates that such capital expenditures
    42  will increase patronage at such vendor track's facilities  and  increase
    43  the amount of revenue generated to support state education programs. The
    44  annual amount of such vendor's capital awards that a vendor track and in
    45  the  case  of  Aqueduct,  the  video lottery terminal facility operator,
    46  shall be eligible to receive  shall  be  limited  to  two  million  five
    47  hundred  thousand  dollars,  [except  for  Aqueduct racetrack, for which
    48  there shall be no annual limit,] provided, however, that any such  capi-
    49  tal  award  for  the  Aqueduct  video lottery terminal facility operator
    50  shall be one percent of the total revenue wagered at the  video  lottery
    51  terminal facility after payout for prizes pursuant to this chapter until
    52  the  earlier of the designation of one thousand video lottery devices as
    53  hosted pursuant to paragraph four of subdivision a  of  section  sixteen
    54  hundred  seventeen-a  of this chapter or April first, two thousand nine-
    55  teen and shall then be four percent of the total revenue wagered at  the
    56  video lottery terminal facility after payout for prizes pursuant to this
        A. 10441--A                         3
 
     1  chapter,  provided,  further,  that  such  capital  award  shall only be
     2  provided pursuant to an agreement with  the  operator  to  construct  an
     3  expansion  of  the  facility, hotel, and convention and exhibition space
     4  requiring a minimum capital investment of three hundred million dollars.
     5  Except for tracks having less than one thousand one hundred video gaming
     6  machines,  and  except for a vendor track located west of State Route 14
     7  from Sodus Point to the Pennsylvania border within New York, and  except
     8  for  Aqueduct  racetrack each track operator shall be required to co-in-
     9  vest an amount of capital expenditure equal to its  cumulative  vendor's
    10  capital award. For all tracks, except for Aqueduct racetrack, the amount
    11  of any vendor's capital award that is not used during any one year peri-
    12  od  may be carried over into subsequent years ending before April first,
    13  two thousand seventeen. Any amount attributable to a capital expenditure
    14  approved prior to April first,  two  thousand  seventeen  and  completed
    15  before  April  first,  two thousand nineteen; or approved prior to April
    16  first, two thousand twenty-one and completed  before  April  first,  two
    17  thousand  twenty-three for a vendor track located west of State Route 14
    18  from Sodus Point to the Pennsylvania border within New  York,  shall  be
    19  eligible  to  receive  the  vendor's  capital award. In the event that a
    20  vendor track's capital expenditures, approved by the division  prior  to
    21  April  first, two thousand seventeen and completed prior to April first,
    22  two thousand nineteen, exceed  the  vendor  track's  cumulative  capital
    23  award  during  the  five  year  period  ending April first, two thousand
    24  seventeen, the vendor shall continue to receive the capital award  after
    25  April first, two thousand seventeen until such approved capital expendi-
    26  tures  are  paid  to the vendor track subject to any required co-invest-
    27  ment. In no event shall any vendor track  that  receives  a  vendor  fee
    28  pursuant  to  clause  (F)  or (G) of this subparagraph be eligible for a
    29  vendor's capital award under this section.  Any  operator  of  a  vendor
    30  track  which  has  received a vendor's capital award, choosing to divest
    31  the capital improvement toward which the award was applied, prior to the
    32  full depreciation of the capital improvement in accordance with general-
    33  ly accepted accounting principles, shall reimburse the state in  amounts
    34  equal  to  the  total of any such awards. Any capital award not approved
    35  for a capital expenditure at a video lottery gaming  facility  by  April
    36  first,  two thousand seventeen shall be deposited into the state lottery
    37  fund for education aid; and
    38    § 3. This act shall take effect immediately;  provided,  however  that
    39  section  two  of  this act shall take effect on the same date and in the
    40  same manner as section 2 of part SS of chapter 60 of the laws  of  2016,
    41  takes effect.
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