senate Bill S5835A

Relates to capital awards to certain vendor tracks and to the disposition of revenues

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO RACING, GAMING AND WAGERING
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
  • 29 / Jan / 2014
    • PRINT NUMBER 5835A

Summary

Relates to capital awards to certain vendor tracks and to the disposition of revenues.

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Bill Details

See Assembly Version of this Bill:
A8076A
Versions:
S5835
S5835A
Legislative Cycle:
2013-2014
Current Committee:
Senate Racing, Gaming And Wagering
Law Section:
Tax Law
Laws Affected:
Amd ยงยง1612 & 1617-a, Tax L

Sponsor Memo

BILL NUMBER:S5835A

TITLE OF BILL: An act to amend the tax law, in relation to capital
awards to certain vendor tracks and disposition of revenues

PURPOSE: The purpose of this bill is to protect the western NY economy
by creating a level playing field for existing gaming venues.

SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amend various provision of the tax law
relating to operations at gaming venues in western NY.

Section 3 of the bill provides authority to the Division of Lottery
for certain reimbursements.

Section 4 of the bill is the effective date.

JUSTIFICATION: Western New York Racinos are a strong economic driver
for local economies that also provide critical revenue for county
governments throughout the region. As such, it is vitally important
that the state act to increase vendor fees, capital award allowances,
free play allowances and also reimbursement for the costs of
rebranding the facilities located in the Finger Lakes, Batavia and
Hamburg. These changes will allow Western New York Racinos the kind of
economic certainty that is needed to not only retain their current
workforce, but also to seriously contemplate expansion. As New York
implements changes to its gaming laws and rules and contemplates
others, it is important to make sure that a level playing field exists
for those gaming venues that already support the local economy. This
bill aims to do exactly that.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5835--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by Sens. MAZIARZ, GALLIVAN, GRISANTI, NOZZOLIO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules -- recommitted to the Committee on Racing, Gaming and  Wager-
  ing  in accordance with Senate Rule 6, sec. 8 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend the tax law, in relation to capital awards to certain
  vendor tracks and disposition of revenues

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subparagraph  (ii)  of  paragraph 1 of subdivision b of
section 1612 of the tax law is amended by adding two new clauses (J) and
(K) to read as follows:
  (J) NOTWITHSTANDING CLAUSES (A), (B), (C), (D) AND (E) OF THIS SUBPAR-
AGRAPH, WHEN A VENDOR TRACK IS LOCATED WITHIN ONTARIO, GENESEE  OR  ERIE
COUNTIES,  AT  A RATE SEVEN AND ONE-HALF (7.5) PERCENTAGE POINTS GREATER
THAN THE PERCENTAGE OF THE TOTAL REVENUE WAGERED  AT  THE  VENDOR  TRACK
WHICH  WOULD  OTHERWISE BE APPLICABLE AND PAYABLE UNDER CLAUSE (A), (B),
(C), (D), OR (E) OF THIS SUBPARAGRAPH.
  (K) NOTWITHSTANDING CLAUSES (A), (B), (C), (D), (E) AND  (J)  OF  THIS
SUBPARAGRAPH,  WHEN  A VENDOR TRACK IS LOCATED WITHIN ONTARIO OR GENESEE
COUNTIES, EFFECTIVE ON THE DATE THAT A NATIVE AMERICAN CASINO  OPENS  TO
THE  GENERAL  PUBLIC  IN  ANY  OF  MONROE, ORLEANS, GENESEE, LIVINGSTON,
ONTARIO OR WAYNE COUNTIES, AT A RATE TEN PERCENTAGE POINTS GREATER  THAN
THE  PERCENTAGE  OF  THE TOTAL REVENUE WAGERED AT THE VENDOR TRACK WHICH
WOULD OTHERWISE BE APPLICABLE AND PAYABLE UNDER CLAUSE  (A),  (B),  (C),
(D), OR (E) OF THIS SUBPARAGRAPH.
  S 2. Paragraph 3 of subdivision f of section 1617-a of the tax law, as
added  by  section  2  of  part  O of chapter 61 of the laws of 2011, is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11567-02-4

S. 5835--A                          2

  (3) For each video lottery facility, the annual value of the free play
allowance credits authorized for use by the operator  pursuant  to  this
subdivision shall not exceed an amount equal to ten percent of the total
amount  wagered  on video lottery games after payout of prizes; PROVIDED
HOWEVER,  THAT  THE FREE PLAY ALLOWANCE CREDITS AUTHORIZED FOR USE BY AN
OPERATOR IN ONTARIO, GENESEE AND  ERIE  COUNTIES  SHALL  NOT  EXCEED  AN
AMOUNT  EQUAL  TO  FIFTEEN  PERCENT OF THE TOTAL AMOUNT WAGERED ON VIDEO
LOTTERY GAMES AFTER THE PAYOUT OF PRIZES.  The division shall  establish
procedures to assure that free play allowance credits do not exceed such
amount.
  S  3.  The division of the lottery is authorized and directed to reim-
burse to any vendor track located within the geographic area  set  forth
in  paragraph  12(a)(1)  of  the Nation-State Gaming Compact between the
Seneca Nation of Indians and the State of New York  executed  on  August
18,  2002,  as  amended,  the  full  amount  of  all documented expenses
incurred by such vendor track in removing any use of the  word  "casino"
or "slot machine" from their signage, Internet websites, marketing piec-
es and other promotional material, and adopting new alternative business
trademarks,  trade  names  and  logos  which do not make use of the word
"casino" or "slot machine".
  S 4. This act shall take effect immediately.

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