Senate Bill S7787A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7787--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2025
                                ___________
 
 Introduced  by Sens. ADDABBO, OBERACKER -- read twice and ordered print-
   ed, and when printed to be  committed  to  the  Committee  on  Racing,
   Gaming  and Wagering -- recommitted to the Committee on Racing, Gaming
   and Wagering 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 racing, pari-mutuel wagering and breeding law, in
   relation to host counties and host municipalities of commercial gaming
   facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  1 of section 1352 of the
 racing, pari-mutuel wagering and breeding law as added by section  1  of
 part R of chapter 58 of the laws of 2023, is amended to read as follows:
   (b)  (I)  For any gaming facility that does not qualify under subdivi-
 sion two of section thirteen hundred twenty-one-a of  this  article,  is
 licensed  under  title  two-A of this article, and is located within New
 York City, revenues shall be distributed in the following manner, EXCEPT
 AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH:
   [(i)] (1) fifty percent of the taxes imposed by this article, and  any
 interest and penalties imposed by the commission relating to those taxes
 shall  be  deposited to a sole custody fund established under the gaming
 commission, and paid monthly, without  appropriation,  directly  to  the
 metropolitan  transportation  authority  commercial  gaming revenue fund
 established under section one thousand  two  hundred  seventy-j  of  the
 public authorities law; and
   [(ii)] (2) fifty percent of the taxes imposed by this article, and any
 interest and penalties imposed by the commission relating to those taxes
 shall  be  deposited into the commercial gaming revenue fund established
 under section ninety-seven-nnnn of the state finance law by the  commis-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11477-09-6
 S. 7787--A                          2
              

 
 sion  and  shall  be appropriated or transferred only for elementary and
 secondary education or real property tax relief.
   (II)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, FOR ANY HOST COUNTY
 AND HOST MUNICIPALITY THAT WAS APPROPRIATED AID IN THE YEAR TWO THOUSAND
 TWENTY-FIVE PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  SECTION
 NINETY-SEVEN-NNNN  OF  THE  STATE  FINANCE LAW AND IS LOCATED WITHIN ONE
 HUNDRED MILES OF ANY GAMING FACILITY LICENSED UNDER TITLE TWO-A OF  THIS
 ARTICLE,  TAXES  COLLECTED  FROM  GAMING FACILITIES LICENSED UNDER TITLE
 TWO-A OF THIS ARTICLE SHALL  BE  USED  BY  THE  COMMISSION,  BEFORE  THE
 DISTRIBUTIONS  OTHERWISE REQUIRED BY CLAUSES ONE AND TWO OF SUBPARAGRAPH
 (I) OF THIS PARAGRAPH TO HOLD SUCH HOST COUNTIES AND HOST MUNICIPALITIES
 HARMLESS SO THAT THE  HOST  COUNTIES  AND  HOST  MUNICIPALITIES  DO  NOT
 RECEIVE  LESS  MONEY IN ANY STATE FISCAL YEAR FOLLOWING THE COMMENCEMENT
 OF GAMING OPERATIONS OF ANY GAMING FACILITY LICENSED UNDER  TITLE  TWO-A
 OF  THIS ARTICLE THAN SUCH HOST COUNTIES OR HOST MUNICIPALITIES RECEIVED
 PURSUANT TO SUBPARAGRAPH B OF SUBDIVISION THREE OF  SECTION  NINETY-SEV-
 EN-NNNN  OF  THE  STATE  FINANCE  LAW IN THEIR HIGHEST ANNUAL AID IN ANY
 STATE FISCAL YEAR SINCE THE COMMENCEMENT OF GAMING OPERATIONS  FROM  ANY
 GAMING  FACILITY  LICENSED  PURSUANT  TO  TITLE TWO OF THIS ARTICLE. THE
 COMMISSION SHALL ANNUALLY DETERMINE THE AMOUNT NECESSARY TO SATISFY  THE
 REQUIREMENTS OF THIS SUBPARAGRAPH AND SHALL DEPOSIT SUCH AMOUNT INTO THE
 COMMERCIAL  GAMING  REVENUE FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-
 NNNN OF THE STATE FINANCE LAW FOR ALLOCATION TO SUCH HOST  COUNTIES  AND
 HOST  MUNICIPALITIES  FOR  REAL PROPERTY TAX RELIEF OR EDUCATION ASSIST-
 ANCE. THE PROVISIONS OF THIS SUBPARAGRAPH SHALL APPLY AS  OF  THE  FIRST
 FULL STATE FISCAL YEAR IN WHICH ANY GAMING FACILITY LICENSED UNDER TITLE
 TWO-A  OF  THIS ARTICLE HAS COMMENCED GAMING OPERATIONS. FOR PURPOSES OF
 DETERMINING WHETHER A HOST COUNTY OR HOST MUNICIPALITY IS LOCATED WITHIN
 ONE HUNDRED MILES OF A GAMING FACILITY LICENSED  UNDER  TITLE  TWO-A  OF
 THIS  ARTICLE,  DISTANCE  SHALL  BE MEASURED IN A STRAIGHT LINE FROM THE
 PREMISES OF SUCH GAMING FACILITY TO THE PREMISES OF THE GAMING  FACILITY
 LICENSED  PURSUANT TO TITLE TWO OF THIS ARTICLE FOR WHICH SUCH COUNTY OR
 MUNICIPALITY IS A HOST COUNTY OR HOST MUNICIPALITY.    NOTHING  IN  THIS
 SUBPARAGRAPH  SHALL  REQUIRE  A  GAMING  FACILITY  LICENSEE TO REMIT ANY
 AMOUNT IN EXCESS OF THE TAXES, INTEREST AND PENALTIES OTHERWISE  IMPOSED
 PURSUANT TO THIS ARTICLE.
   § 2. This act shall take effect immediately.