S T A T E   O F   N E W   Y O R K
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                                  4204

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
  Committee on Ways and Means

AN ACT to amend the state finance law, in relation to state aid to newly
  eligible municipalities in which a video lottery  gaming  facility  is
  located

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

  Section 1. Section 54-l of the state finance law, as added by  section
1  of  part J of chapter 57 of the laws of 2011, paragraph b of subdivi-
sion 2 as amended by section 1 of part X of chapter 55 of  the  laws  of
2014, is amended to read as follows:
  S  54-l.  State  assistance  to  eligible  cities and eligible munici-
palities in which a video lottery gaming facility is located.  1.  Defi-
nitions.  When used in this section, unless otherwise expressly stated:
  a.  "Eligible  city"  shall  mean a city with a population equal to or
greater than one hundred twenty-five thousand and less than one  million
in  which a video lottery gaming facility is located and operating as of
January first, two thousand nine pursuant  to  section  sixteen  hundred
seventeen-a of the tax law.
  b.  "Eligible municipality" shall mean a county, city, town or village
in which a video lottery gaming facility is located pursuant to  section
sixteen hundred seventeen-a of the tax law that is not located in a city
with a population equal to or greater than one hundred twenty-five thou-
sand.
  C.  "NEWLY  ELIGIBLE  MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR
VILLAGE IN WHICH A VIDEO LOTTERY GAMING FACILITY IS LOCATED PURSUANT  TO
SECTION  SIXTEEN  HUNDRED SEVENTEEN-A OF THE TAX LAW THAT IS NOT LOCATED
IN A CITY WITH A POPULATION EQUAL TO OR GREATER THAN ONE  HUNDRED  TWEN-
TY-FIVE  THOUSAND  AND  WHICH WAS NOT OPERATING AS OF JANUARY FIRST, TWO
THOUSAND FIFTEEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04205-01-5

              

A. 4204                             2

  D. "ESTIMATED NET MACHINE INCOME" FOR A  NEWLY  ELIGIBLE  MUNICIPALITY
SHALL  MEAN  THE  ESTIMATED  FULL  ANNUAL VALUE OF TOTAL REVENUE WAGERED
AFTER PAYOUT FOR PRIZES FOR GAMES  KNOWN  AS  VIDEO  LOTTERY  GAMING  AS
AUTHORIZED  UNDER  ARTICLE  THIRTY-FOUR  OF  THE  TAX LAW FOR THE PERIOD
COMMENCING  ON  APRIL  FIRST  NEXT SUCCEEDING THE DATE ON WHICH MACHINES
LOCATED WITHIN SUCH MUNICIPALITY FIRST GENERATE INCOME AND ENDING ON THE
FOLLOWING MARCH THIRTY-FIRST.
  2. a. Within the amount appropriated therefor, an eligible city  shall
receive  an  amount equal to the state aid payment received in the state
fiscal year commencing April first, two thousand eight from an appropri-
ation for aid to municipalities with video lottery gaming facilities.
  b. Within the amounts appropriated therefor,  eligible  municipalities
shall  receive  an  amount  equal  to  seventy  percent of the state aid
payment received in the state fiscal year commencing  April  first,  two
thousand  eight  from  an  appropriation  for aid to municipalities with
video lottery gaming facilities.
  C. A NEWLY ELIGIBLE MUNICIPALITY SHALL RECEIVE  A  STATE  AID  PAYMENT
EQUAL  TO  THREE  AND  ONE-HALF  PERCENT  OF  THE "ESTIMATED NET MACHINE
INCOME" GENERATED BY A VIDEO LOTTERY GAMING FACILITY LOCATED WITHIN SUCH
NEWLY ELIGIBLE MUNICIPALITY AS FOLLOWS: (I) TWENTY-FIVE PERCENT SHALL BE
APPORTIONED AND PAID TO THE COUNTY; AND (II) SEVENTY-FIVE PERCENT  SHALL
BE  APPORTIONED  AND  PAID ON PRO RATA BASIS TO ELIGIBLE MUNICIPALITIES,
OTHER THAN THE COUNTY, BASED UPON THE POPULATION OF SUCH ELIGIBLE  MUNI-
CIPALITIES.  SUCH STATE AID PAYMENT SHALL NOT EXCEED TWENTY-FIVE PERCENT
OF AN ELIGIBLE MUNICIPALITY'S TOTAL  EXPENDITURES  AS  REPORTED  IN  THE
STATISTICAL REPORT OF THE COMPTROLLER IN THE PRECEDING STATE FISCAL YEAR
PURSUANT TO SECTION THIRTY-SEVEN OF THE GENERAL MUNICIPAL LAW.
  3.  a.  State  aid payments made to an eligible city pursuant to para-
graph a of subdivision two of this section shall  be  used  to  increase
support for public schools in such city.
  b.  State  aid  payments  made to [an] eligible [municipality] MUNICI-
PALITIES AND NEWLY ELIGIBLE MUNICIPALITIES pursuant to [paragraph] PARA-
GRAPHS b AND C of subdivision two of this section shall be used by  such
eligible municipality to: (i) defray local costs associated with a video
lottery gaming facility, or (ii) minimize or reduce real property taxes.
  4.  Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal  year  to  the  chief  fiscal
officer of each eligible city [and], each eligible municipality AND EACH
NEWLY  ELIGIBLE  MUNICIPALITY,  on  audit and warrant of the state comp-
troller out of moneys appropriated by the legislature for  such  purpose
to  the  credit  of the local assistance fund in the general fund of the
state treasury.
  S 2. This act shall take effect immediately.