S T A T E O F N E W Y O R K
________________________________________________________________________
3710--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Ways and Means -- recommitted to the Committee on Ways and
Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the tax law, in relation to video gaming machines and
disposition of revenues
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (H) of subparagraph (ii) of paragraph 1 of subdivi-
sion b of section 1612 of the tax law, as separately amended by chapters
174 and 175 of the laws of 2013, is amended to read as follows:
(H) notwithstanding clauses (A), (B), (C), (D), (E), (F) and (G) of
this subparagraph, the track operator of a vendor track shall be eligi-
ble for a vendor's capital award of up to four percent of the total
revenue wagered at the vendor track after payout for prizes pursuant to
this chapter, which shall be used exclusively for capital project
investments to improve the facilities of the vendor track which promote
or encourage increased attendance at the video lottery gaming facility
including, but not limited to hotels, other lodging facilities, enter-
tainment facilities, retail facilities, dining facilities, events
arenas, parking garages and other improvements that enhance facility
amenities; provided that such capital investments shall be approved by
the division, in consultation with the state racing and wagering board,
and that such vendor track demonstrates that such capital expenditures
will increase patronage at such vendor track's facilities and increase
the amount of revenue generated to support state education programs. The
annual amount of such vendor's capital awards that a vendor track shall
be eligible to receive shall be limited to two million five hundred
thousand dollars, except for Aqueduct racetrack, for which there shall
be no vendor's capital awards. Except for tracks having less than one
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01642-03-4
A. 3710--A 2
thousand [one] NINE hundred video gaming machines, and except for a
vendor track located west of State Route 14 from Sodus Point to the
Pennsylvania border within New York, each track operator shall be
required to co-invest an amount of capital expenditure equal to its
cumulative vendor's capital award. For all tracks, except for Aqueduct
racetrack, the amount of any vendor's capital award that is not used
during any one year period may be carried over into subsequent years
ending before April first, two thousand fourteen. Any amount attribut-
able to a capital expenditure approved prior to April first, two thou-
sand fourteen and completed before April first, two thousand sixteen; or
approved prior to April first, two thousand eighteen and completed
before April first, two thousand twenty for a vendor track located west
of State Route 14 from Sodus Point to the Pennsylvania border within New
York, shall be eligible to receive the vendor's capital award. In the
event that a vendor track's capital expenditures, approved by the divi-
sion prior to April first, two thousand fourteen and completed prior to
April first, two thousand sixteen, exceed the vendor track's cumulative
capital award during the five year period ending April first, two thou-
sand fourteen, the vendor shall continue to receive the capital award
after April first, two thousand fourteen until such approved capital
expenditures are paid to the vendor track subject to any required co-in-
vestment. In no event shall any vendor track that receives a vendor fee
pursuant to clause (F) or (G) of this subparagraph be eligible for a
vendor's capital award under this section. Any operator of a vendor
track which has received a vendor's capital award, choosing to divest
the capital improvement toward which the award was applied, prior to the
full depreciation of the capital improvement in accordance with general-
ly accepted accounting principles, shall reimburse the state in amounts
equal to the total of any such awards. Any capital award not approved
for a capital expenditure at a video lottery gaming facility by April
first, two thousand fourteen shall be deposited into the state lottery
fund for education aid; and
S 2. This act shall take effect immediately.