A05954 Summary:
| BILL NO | A05954 |
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| SAME AS | No Same As |
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| SPONSOR | Pretlow |
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| COSPNSR | |
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| MLTSPNSR | |
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| Amd §§1617-a & 1612, Tax L; amd §§301 & 527, RWB L |
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| Relates to the Catskill off-track betting corporation providing licensing and financing to the Monticello racetrack and the ability to provide capital improvements. |
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A05954 Actions:
| BILL NO | A05954 |
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| 02/20/2019 | referred to racing and wagering |
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A05954 Committee Votes:
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A05954 Floor Votes:
There are no votes for this bill in this legislative session.
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A05954 Text:
STATE OF NEW YORK
________________________________________________________________________
5954
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the tax law and the racing, pari-mutuel wagering and
breeding law, in relation to the Catskill off-track betting corpo-
ration providing licensing and financing to the Monticello racetrack
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph 1 of subdivision a of section 1617-a of the tax
2 law, as amended by section 1 of part SS of chapter 60 of the laws of
3 2016, is amended to read as follows:
4 (1) Aqueduct, [Monticello,] Yonkers, Finger Lakes, and Vernon Downs
5 racetracks;
6 § 2. Paragraphs 3 and 4 of subdivision a of section 1617-a of the tax
7 law, as added by section 1 of part SS of chapter 60 of the laws of 2016,
8 are amended and a new paragraph 5 is added to read as follows:
9 (3) a maximum of two facilities, which shall be vendors for all
10 purposes under this article, neither to exceed one thousand video
11 lottery gaming devices, established within region three of zone one as
12 defined by section one thousand three hundred ten of the racing, pari-
13 mutuel wagering and breeding law, one each operated by a corporation
14 established pursuant to section five hundred two of the racing, pari-mu-
15 tuel wagering and breeding law in the Suffolk region and the Nassau
16 region to be located within a facility authorized pursuant to [sections]
17 section one thousand eight or one thousand nine of the racing, pari-mu-
18 tuel wagering and breeding law; [and]
19 (4) Aqueduct racetrack, within the lottery terminal facility, pursuant
20 to an agreement between the corporation established pursuant to section
21 five hundred two of the racing, pari-mutuel wagering and breeding law in
22 the Nassau region and the operator of video lottery gaming at Aqueduct
23 racetrack, when such agreement is approved by the gaming commission and
24 as long as such agreement is in place, and when such agreement is accom-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09921-01-9
A. 5954 2
1 panied by a detailed spending plan for the corporation established
2 pursuant to section five hundred two of the racing, pari-mutuel wagering
3 and breeding law in the Nassau region, which includes a plan for the
4 timely payment of liabilities due to the franchised corporation, and
5 when such video lottery devices are hosted by the operator of video
6 lottery gaming at Aqueduct racetrack on behalf of the corporation estab-
7 lished pursuant to section five hundred two of the racing, pari-mutuel
8 wagering and breeding law in the Nassau region in lieu of the develop-
9 ment of a facility in Nassau county as authorized by paragraph three of
10 this subdivision [a of this section]. Such agreement reached by the
11 parties shall identify the agency principally responsible for funding,
12 approving or undertaking any actions of such agreement. Provided,
13 however, nothing in this paragraph shall infringe upon the rights of the
14 corporation established pursuant to section five hundred two of the
15 racing, pari-mutuel wagering and breeding law in the Nassau region to
16 develop a facility pursuant to paragraph three of this subdivision upon
17 the expiration, termination, or withdrawal of such agreement[.]; and
18 (5) a maximum of three facilities, which shall be vendors for all
19 purposes under this article, with a total of one thousand one hundred
20 ten video lottery gaming devices in the county of Broome, Chemung,
21 Chenango, Delaware, Orange, Rockland, Dutchess, Tompkins, Putnam or
22 Ulster and to be operated by a corporation established pursuant to
23 section five hundred two of the racing, pari-mutuel wagering and breed-
24 ing law, and located within a facility authorized pursuant to section
25 one thousand eight or one thousand nine of the racing, pari-mutuel
26 wagering and breeding law.
27 § 3. Clause (G-1) of subparagraph (ii) of paragraph 1 of subdivision b
28 of section 1612 of the tax law, as amended by chapter 175 of the laws of
29 2013, is amended to read as follows:
30 (G-1) Notwithstanding [clause] clauses (A) and (B) of this subpara-
31 graph, when a video lottery gaming facility is located in [either] the
32 county of Broome, Chemung, Chenango, Delaware, Orange, Rockland, Dutch-
33 ess, Tompkins, Putnam, Ulster, Nassau or Suffolk and is operated by a
34 corporation established pursuant to section five hundred two of the
35 racing, pari-mutuel wagering and breeding law at a rate of thirty-five
36 percent of the total revenue wagered at the vendor after payout for
37 prizes pursuant to this chapter;
38 § 4. Paragraph 2 of subdivision b of section 1612 of the tax law, as
39 amended by section 1 of part OO of chapter 59 of the laws of 2014, is
40 amended to read as follows:
41 2. As consideration for the operation of a video lottery gaming facil-
42 ity, the division, shall cause the investment in the racing industry of
43 a portion of the vendor fee received pursuant to paragraph one of this
44 subdivision in the manner set forth in this subdivision. With the
45 exception of Aqueduct racetrack or a facility in the county of Nassau or
46 Suffolk operated by a corporation established pursuant to section five
47 hundred two of the racing, pari-mutuel wagering and breeding law, each
48 such track shall dedicate a portion of its vendor fees, received pursu-
49 ant to clause (A), (B), (C), (D), (E), (F), or (G) of subparagraph (ii)
50 of paragraph one of this subdivision, for the purpose of enhancing purs-
51 es at such track, in an amount equal to eight and three-quarters percent
52 of the total revenue wagered at the vendor track after pay out for
53 prizes. Any video lottery gaming facility in the Catskill region, as
54 defined in section five hundred nineteen of the racing, pari-mutuel
55 wagering and breeding law and to be operated by a corporation estab-
56 lished pursuant to section five hundred two of the racing, pari-mutuel
A. 5954 3
1 wagering and breeding law, shall dedicate a portion of its vendor fee
2 for the purpose of enhancing purses at Monticello racetrack in an amount
3 equal to eight and three-quarters percent of the total revenue wagered
4 at the facility after pay out for prizes. One percent of the gross purse
5 enhancement amount, as required by this subdivision, shall be paid to
6 the gaming commission to be used exclusively to promote and ensure
7 equine health and safety in New York. Any portion of such funding to the
8 gaming commission unused during a fiscal year shall be returned to the
9 video lottery gaming operators on a pro rata basis in accordance with
10 the amounts originally contributed by each operator and shall be used
11 for the purpose of enhancing purses at such track. One and one-half
12 percent of the gross purse enhancement amount at a thoroughbred track,
13 as required by this subdivision, shall be paid to an account established
14 pursuant to section two hundred twenty-one-a of the racing, pari-mutuel
15 wagering and breeding law to be used exclusively to provide health
16 insurance for jockeys. In addition, with the exception of Aqueduct race-
17 track or a facility in the county of Nassau or Suffolk operated by a
18 corporation established pursuant to section five hundred two of the
19 racing, pari-mutuel wagering and breeding law, one and one-quarter
20 percent of total revenue wagered at the vendor track after pay out for
21 prizes, received pursuant to clause (A), (B), (C), (D), (E), (F), or (G)
22 of subparagraph (ii) of paragraph one of this subdivision, shall be
23 distributed to the appropriate breeding fund for the manner of racing
24 conducted by such track.
25 Provided, further, that as additional consideration for the operation
26 of video lottery gaming facilities, the Catskill regional off-track-bet-
27 ting corporation shall maintain the same number of race dates at Monti-
28 cello racetrack being conducted at the time it receives a license to
29 conduct harness race meetings at such racetrack.
30 Provided, further, that nothing in this paragraph shall prevent each
31 track from entering into an agreement, not to exceed five years, with
32 the organization authorized to represent its horsemen to increase or
33 decrease the portion of its vendor fee dedicated to enhancing purses at
34 such track during the years of participation by such track, or to race
35 fewer dates than required herein.
36 § 5. Section 1612 of the tax law is amended by adding a new subdivi-
37 sion i to read as follows:
38 i. As consideration for operation of a video lottery gaming facility
39 located in the counties of Broome, Chemung, Chenango, Delaware, Orange,
40 Rockland, Dutchess, Tompkins, Putnam, or Ulster, and operated by a
41 corporation established pursuant to section five hundred two of the
42 racing, pari-mutuel wagering and breeding law, the division shall cause
43 the vendor's fee to be distributed as follows after the pay out of
44 racing support payments: (1) twenty percent shall be transferred to the
45 county in which the vendor facility is located; and (2) the remainder
46 shall be used for payment of the costs of the corporation's functions
47 pursuant to section five hundred sixteen of the racing, pari-mutuel
48 wagering and breeding law, and the net revenue remaining after payment
49 of such costs shall be divided among the participating counties listed
50 in this paragraph on the basis of population as defined in paragraph b
51 of subdivision two of section five hundred sixteen of the racing, pari-
52 mutuel wagering and breeding law.
53 § 6. Section 301 of the racing, pari-mutuel wagering and breeding law
54 is amended by adding a new subdivision 6 to read as follows:
55 6. The board shall have the power to issue licenses to the Catskill
56 regional off-track-betting corporation or to a subsidiary of said corpo-
A. 5954 4
1 ration for the purpose of conducting harness race meetings at Monticello
2 racetrack and to make capital improvements to said track, provided that
3 such corporation meets the terms and conditions for licensure as
4 provided under this article. Notwithstanding the provisions of articles
5 five and five-a of this chapter, said corporation shall be deemed to be
6 a harness racing corporation with respect to pari-mutuel wagering
7 conducted at said track pursuant to this chapter, except that net reven-
8 ues derived from such pari-mutuel wagering shall be distributed among
9 the counties that participate in such corporation on the basis of popu-
10 lation, as defined as the total population in each participating county
11 shown by the latest preceding decennial federal census of the calendar
12 year in which such distribution is to be made.
13 § 7. The opening paragraph of subdivision 1 of section 527 of the
14 racing, pari-mutuel wagering and breeding law, as amended by section 4
15 of part BB of chapter 60 of the laws of 2016, is amended to read as
16 follows:
17 The disposition of the retained commission from pools resulting from
18 regular, multiple or exotic bets, as the case may be, whether placed on
19 races run within a region or outside a region, conducted by racing
20 corporations, harness racing associations or corporations, quarter horse
21 racing associations or corporations or races run outside the state shall
22 be governed by the tables in paragraphs a and b of this subdivision. The
23 rate denominated "state tax" shall represent the rate of a reasonable
24 tax imposed upon the retained commission for the privilege of conducting
25 off-track pari-mutuel betting, which tax is hereby levied and shall be
26 payable in the manner set forth in this section. Each off-track betting
27 corporation shall pay to the gaming commission as a regulatory fee,
28 which fee is hereby levied, six-tenths of one percent of the total daily
29 pools of such corporation. Each corporation shall also pay twenty
30 percent of the breaks derived from bets on harness races and fifty
31 percent of the breaks derived from bets on all other races to the agri-
32 culture and New York State horse breeding and development fund and to
33 the thoroughbred breeding and development fund, the total of such
34 payments to be apportioned fifty percent to each such fund. For the
35 purposes of this section, the New York city, Suffolk, Nassau, and the
36 Catskill regions shall constitute a single region and any thoroughbred
37 track located within the Capital District region shall be deemed to be
38 within such single region. A "regional meeting" shall refer to either
39 harness or thoroughbred meetings, or both, except that a franchised
40 corporation shall not be a regional track for the purpose of receiving
41 distributions from bets on thoroughbred races conducted by a thorough-
42 bred track in the Catskill region conducting a mixed meeting. With the
43 exception of a harness racing association or corporation first licensed
44 to conduct pari-mutuel wagering at a track located in Tioga [or], Sara-
45 toga or Sullivan county after January first, two thousand five, racing
46 corporations first licensed to conduct pari-mutuel racing after January
47 first, nineteen hundred eighty-six or a harness racing association or
48 corporation first licensed to conduct pari-mutuel wagering at a track
49 located in Genesee County after January first, two thousand five, and
50 quarter horse tracks shall not be "regional tracks"; if there is more
51 than one harness track within a region, such tracks shall evenly divide
52 payments made pursuant to the tables in paragraphs a and b of this
53 subdivision when neither track is running. In the event a track elects
54 to reduce its retained percentage from any or all of its pari-mutuel
55 pools, the payments to the track holding the race and the regional track
56 required by paragraphs a and b of this subdivision shall be reduced in
A. 5954 5
1 proportion to such reduction. Nothing in this section shall be construed
2 to authorize the conduct of off-track betting contrary to the provisions
3 of section five hundred twenty-three of this article.
4 § 8. This act shall take effect on the thirtieth day after it shall
5 have become a law.
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