S T A T E O F N E W Y O R K
________________________________________________________________________
6917
2009-2010 Regular Sessions
I N A S S E M B L Y
March 16, 2009
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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, in relation to the distribution of the
additional vendor's marketing allowance by any operator of a racetrack
located in the county of Westchester
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iii) of paragraph 1 of subdivision b of
section 1612 of the tax law, as separately amended by chapters 140 and
286 of the laws of 2008, is amended to read as follows:
(iii) less an additional vendor's marketing allowance at a rate of ten
percent for the first one hundred million dollars annually and eight
percent thereafter of the total revenue wagered at the vendor track
after payout for prizes to be used by the vendor track for the marketing
and promotion and associated costs of its video lottery gaming oper-
ations and pari-mutuel horse racing operations, as long as any such
costs associated with pari-mutuel horse racing operations simultaneously
encourage increased attendance at such vendor's video lottery gaming
facilities, consistent with the customary manner of marketing comparable
operations in the industry and subject to the overall supervision of the
division; provided, however, that the additional vendor's marketing
allowance shall not exceed eight percent in any year for any operator of
a racetrack located in the county of [Westchester or] Queens; provided,
however, a vendor track that receives a vendor fee pursuant to clause
(G) of [this] subparagraph (II) OF THIS PARAGRAPH shall not receive the
additional vendor's marketing allowance; AND PROVIDED, FURTHER, THAT THE
ADDITIONAL VENDOR'S MARKETING ALLOWANCE FOR ANY OPERATOR OF A RACETRACK
LOCATED IN THE COUNTY OF WESTCHESTER EXPENDED BY SUCH OPERATOR FOR
MARKETING SHALL NOT EXCEED EIGHT PERCENT OF THE TOTAL REVENUE WAGERED AT
THE VENDOR TRACK AFTER PAYOUT FOR PRIZES PURSUANT TO THIS CHAPTER IN ANY
YEAR AND THE REMAINDER OF SUCH ADDITIONAL VENDOR'S MARKETING ALLOWANCE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09902-01-9
A. 6917 2
FOR SUCH OPERATOR CALCULATED PURSUANT TO THIS SUBDIVISION, NOT TO EXCEED
TWENTY-FIVE MILLION DOLLARS ANNUALLY, SHALL BE PAID BY SUCH OPERATOR TO
THE YONKERS CITY SCHOOL DISTRICT BOARD OF EDUCATION IN QUARTERLY
PAYMENTS COMMENCING JULY FIRST, TWO THOUSAND TEN TO SUPPORT AND MAINTAIN
EDUCATIONAL PROGRAMS ESTABLISHED PURSUANT TO THE SETTLEMENT AGREEMENT
DATED JANUARY THIRTY-FIRST, TWO THOUSAND TWO IN UNITED STATES OF AMERICA
V. YONKERS BOARD OF EDUCATION. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, RULE OR REGULATION TO THE CONTRARY, SUCH AMOUNT PROVIDED PURSUANT
TO THIS SUBDIVISION SHALL BE IN ADDITION TO ANY ANNUAL MAINTENANCE OF
EFFORT REQUIREMENT IMPOSED ON THE STATE OR CITY OF YONKERS. In estab-
lishing the vendor fee, the division shall ensure the maximum lottery
support for education while also ensuring the effective implementation
of section sixteen hundred seventeen-a of this article through the
provision of reasonable reimbursements and compensation to vendor tracks
for participation in such program. Within twenty days after any award
of lottery prizes, the division shall pay into the state treasury, to
the credit of the state lottery fund, the balance of all moneys received
from the sale of all tickets for the lottery in which such prizes were
awarded remaining after provision for the payment of prizes as herein
provided. Any revenues derived from the sale of advertising on lottery
tickets shall be deposited in the state lottery fund.
S 2. This act shall take effect July 1, 2010.