NY State Senate Bill 2009-S3283

Senate Bill S3283

2009-2010 Legislative Session

Relates to the distribution of the additional vendor's marketing allowance by any operator of a racetrack located in the county of Westchester

download bill text pdf

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2010	print number 3283a
Jan 11, 2010	amend and recommit to racing, gaming and wagering
Jan 06, 2010	referred to racing, gaming and wagering
Mar 13, 2009	referred to racing, gaming and wagering

Bill Amendments

Original

A (Active)

2009-S3283 - Details

See Assembly Version of this Bill:: A6917
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §1612, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3595, A3651
2013-2014: S2391, A3974
2015-2016: A930
2017-2018: A1820
2019-2020: A4462
2021-2022: A3390
2023-2024: A3427

2009-S3283 - Summary

Provides that the additional vendor's marketing allowance retained by any operator of a racetrack located in the county of Westchester shall not exceed 8 percent of the total revenue wagered at the vendor track after payout for prizes and the remainder of such additional vendor's marketing allowance, not to exceed 25 million dollars, shall be paid to the Yonkers city school district board of education in quarterly payments for the support and maintenance of certain educational programs.

2009-S3283 - Sponsor Memo

                                 BILL NUMBER:  S3283

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
Relates to the distribution the additional vendor's marketing
allowance by any operator of a racetrack located in the county of
Westchester.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends subdivision b of section 1612 of the tax law, as amended by
section 2 part CC of chapter 61 of the laws of 2005. The additional
vendor's marketing allowance for any operator of a racetrack located
in Westchester County expended by such operator for marketing shall
not exceed 4% 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 for such
operator calculated pursuant to this subdivision, not to exceed $25
million annually, shall be paid by such operator to the Yonkers city
school District board of education in quarterly payments commencing
July first, two thousand six to support and maintain educational
programs established pursuant to the settlement agreement dated

January 31, 2002 in the 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.

 JUSTIFICATION :

The revenues generated from the Video Lottery Terminals are expected
to bring enormous benefits to the State of New York in the form of
additional dollars to education. This bill will drive a portion of the
revenues generated from the VLTs to the Yonkers city school District
to support and maintain educational programs established settlement
pursuant to the settlement agreement dated January 31, 2002 in the
United States if America v. Yonkers Board of Education.  Under this
legislation, the Yonkers schools would receive 4 percent of the first
$100 million of revenues from the VLTs in Yonkers at 1 percent for
each subsequent $100 million.

 PRIOR LEGISLATIVE HISTORY :
A.3179 of 2008
A.8881 of 2006

 EFFECTIVE DATE :
July 1, 2010

2009-S3283 - Bill Text download pdf

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

                                  3283

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09902-01-9

S. 3283                             2

YEAR AND THE REMAINDER OF SUCH ADDITIONAL VENDOR'S  MARKETING  ALLOWANCE
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.

2009-S3283A (ACTIVE) - Details

See Assembly Version of this Bill:: A6917
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §1612, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3595, A3651
2013-2014: S2391, A3974
2015-2016: A930
2017-2018: A1820
2019-2020: A4462
2021-2022: A3390
2023-2024: A3427

2009-S3283A (ACTIVE) - Summary

2009-S3283A (ACTIVE) - Sponsor Memo

2009-S3283A (ACTIVE) - Bill Text download pdf

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

                                 3283--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing  -- 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 commit-
  tee

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 amended by section 1 of part O-1 of
chapter 57 of the laws of 2009, 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 subparagraph (ii) of this paragraph shall not receive  the  addi-
tional  vendor's  marketing  allowance;  AND PROVIDED, FURTHER, THAT THE
ADDITIONAL VENDOR'S MARKETING ALLOWANCE FOR ANY OPERATOR OF A  RACETRACK

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09902-02-0

S. 3283--A                          2

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
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 ELEVEN TO SUPPORT AND MAIN-
TAIN EDUCATIONAL PROGRAMS ESTABLISHED PURSUANT TO THE SETTLEMENT  AGREE-
MENT  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  YONK-
ERS. In establishing the vendor fee, the division shall ensure the maxi-
mum  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  adver-
tising on lottery tickets shall be deposited in the state lottery fund.
  S 2. This act shall take effect July 1, 2011.

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