NY State Senate Bill 2019-S6525B

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to racing, gaming and wagering
Jun 20, 2019	recommitted to rules
Jun 19, 2019	ordered to third reading cal.1732
Jun 16, 2019	print number 6525b
Jun 16, 2019	amend and recommit to rules
Jun 15, 2019	print number 6525a
Jun 15, 2019	amend and recommit to rules
Jun 14, 2019	referred to rules

Votes

- Jun 19, 2019 - Rules Committee Vote
  S6525B
  
  14
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (14)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (1)
      
      Krueger
      
      aye wr (4)
      
      Griffo
      
      LaValle
      
      Lanza
      
      Robach

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S6525 - Details

See Assembly Version of this Bill:: A8417
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §§1612 & 1617-a, Tax L; amd §54-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1890, A4409
2023-2024: A3508

2019-S6525 - Summary

Permits video lottery gaming in the town of Woodbury, Orange county; designates vendor fees; requires a mitigation agreement.

2019-S6525 - Sponsor Memo

                                
 
BILL NUMBER: S6525

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the tax law and the state finance law,
in relation to video lottery gaming in the town of Woodbury

 
PURPOSE:

To maintain the State video lottery gaming revenue previously coming
from video lottery gaming operations Monticello racetrack by authorizing
a video lottery gaming facility to be operated in Orange county by the
owner of Monticello racetrack. Also enhances existing racing support
payments and ensures the long-term continuation of harness racing at
Monticello racetrack, while providing for mitigation payments to the
operator of video lottery gaming operations at Yonkers racetrack.

 
SUMMARY OF PROVISIONS:

Section 1: Provides for a vendor fee of 46% for the new video lottery
gaming facility authorized by this act.

Section 2: Clarifies that the Orange county video lottery gaming facili-
ty is not a vendor track.

Section 3: Provides that, as consideration for being granted the author-
ization to operate the video lottery gaming facility in Orange county,
the operator of such facility shall provide racing support payments in
to Monticello racetrack (8.75% to purses and 1.25% to breeders) and to
Yonkers racetrack an amount to maintain purses for horsemen at the same
dollar levels realized in 2018, adjusted by the consumer price index for
urban consumers. Additionally, 1.25% of total revenue wagered at the
facility after pay out for prizes, shall be distributed to the appropri-
ate breeding fund for the manner of racing conducted by such track.

Section 4: Authorizes the Gaming Commission to issue a video lottery
gaming license to the entity that operated the video lottery gaming
facility at Monticello racetrack to operate a facility in Orange county
and: (a) prohibits such entity from operating a video lottery gaming
facility at both locations, (b) requires continued racing operations at
Monticello racetrack in order to ensure the long-term continuation of
harness racing at Monticello track; (c) requires such Orange county
facility to be at least 30 miles from the video lottery gaming facility
at Yonkers racetrack; (d) requires the operators of the Orange County
facility and the video lottery gaming facility at Yonkers racetrack to
enter into a mitigation agreement, to be approved by the gaming commis-
sion, that addresses, (i) a mitigation payment to the operator of the
video lottery gaming facility at Yonkers racetrack and (ii) the require-
ment of such mitigation to be in place in order to operate the facility
in Orange County. Additionally, as the condition of the license to oper-
ate a video lottery gaming facility in the Town of Woodbury, the opera-
tors must maintain staffing levels at their commercial gaming facility
in Sullivan County at levels no less than 90% of the staffing levels at
the commercial gaming facility as of the end of the third quarter of
2019. The license operators must also maintain quarterly assistance
payments to the Village of Monticello, the Town of Thompson and Sullivan
County, at the same levels made in 2018 to be adjusted annually pursuant
to changes in the consumer price index for urban consumers.


Section 5: Makes all municipalities within which the new video lottery
facility will be located in eligible for state assistance in accordance
with Section 54-1 of the state finance law.

Section 6: Effective date.

 
EXISTING LAW:

Tax Law sections 1612 and 1617-a authorize Monticello racetrack to oper-
ate VLT machines and distributes the net win from such machines as
follows:

* 41% vendor fee (less 10% in racing support payments for purses and
breeders);

* 39% State education aid;

* 10% marketing allowance;

* 10% gaming administration to the State Racing, Pari-Mutuel Wagering
and Breeding Law section 1351 provides a 39% tax on casino gross gaming
revenue (of which 80% is allocated to State education aid and 20% to
local tax relief).

 
JUSTIFICATION:

Montreign Operating Company, LLC d/b/a Resorts World Catskills and
Monticello Raceway Management, Inc., the owner/operator of Monticello
Casino and Raceway - together under the Empire Resorts corporate umbrel-
la - are Sullivan County's largest employer with over 1,600 employees.
To provide sustainability to the business, Empire Resorts seeks statuto-
ry authorization to relocate its current VLT allocation to a location
with a more stable revenue base. The proposal would authorize Monticello
Raceway to move its video lottery gaming facility to Orange County. This
will provide the State with incremental video lottery gaming revenue and
enhanced racing support payments and long-term continuation of harness
racing at Monticello racetrack.

This legislation relies on maintaining Monticello Raceway's effective
tax rate in 2018 but seeks no tax breaks or additional incentives. The
Orange County video lottery gaming facility would be restricted to a
site that is more than 30 miles from Yonkers racetrack in order to maxi-
mize revenue potential. This legislation also requires Empire Resorts to
enter into an agreement with MGM Yonkers in order to provide mitigation
payments to address projected revenue cannibalization.

 
FISCAL IMPLICATIONS:

The proposed video lottery gaming facility would contribute approximate-
ly $23M of incremental revenue directly to the State (for education and
administrative expenses of the gaming commission) and will result in
significant direct capital investment in Orange County with direct
employment of over 300 permanent jobs and additional construction and
induced jobs.

 
LEGISLATIVE HISTORY:

None
 
EFFECTIVE DATE:
This act shall take effect immediately, provided however, that no video
lottery gaming may be conducted at any facility within Orange County
unless and until the mitigation agreement required by this act is
executed by all parties and approved by the gaming commission.

2019-S6525 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6525
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sens. SKOUFIS, ADDABBO, METZGER, MAYER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules
 
 AN  ACT  to  amend the tax law and the state finance law, in relation to
   video lottery gaming in the town of Woodbury

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause (B) of subparagraph (ii) of paragraph 1 of subdivi-
 sion b of section 1612 of the  tax  law  is  amended  by  adding  a  new
 subclause 5 to read as follows:
   (5)  FORTY-SIX  PERCENT FOR A VIDEO LOTTERY GAMING FACILITY AUTHORIZED
 PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION A OF SECTION  SIXTEEN  HUNDRED
 SEVENTEEN-A OF THIS ARTICLE;
   §  2.  Paragraph 2 of subdivision b of section 1612 of the tax law, as
 amended by section 1 of part OO of chapter 59 of the laws  of  2014,  is
 amended to read as follows:
   2. As consideration for the operation of a video lottery gaming facil-
 ity,  the division, shall cause the investment in the racing industry of
 a portion of the vendor fee received pursuant to paragraph one  of  this
 subdivision  in  the  manner  set  forth in this subdivision.   With the
 exception of Aqueduct racetrack, A VIDEO LOTTERY GAMING FACILITY AUTHOR-
 IZED PURSUANT TO PARAGRAPH FIVE OF  SUBDIVISION  A  OF  SECTION  SIXTEEN
 HUNDRED  SEVENTEEN-A  OF  THIS  ARTICLE  or  a facility in the county of
 Nassau or Suffolk operated by  a  corporation  established  pursuant  to
 section  five hundred two of the racing, pari-mutuel wagering and breed-
 ing law, each such track shall dedicate a portion of  its  vendor  fees,
 received  pursuant  to clause (A), (B), (B-1), (B-2), (C), OR (D)[, (E),
 (F), or (G)] of subparagraph (ii) of paragraph one of this  subdivision,
 for the purpose of enhancing purses at such track, in an amount equal to
 eight  and  three-quarters  percent  of the total revenue wagered at the
 vendor track after pay out for prizes. One percent of  the  gross  purse
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13351-04-9

 S. 6525                             2
 
 enhancement  amount,  as  required by this subdivision, shall be paid to
 the gaming commission to be  used  exclusively  to  promote  and  ensure
 equine health and safety in New York. Any portion of such funding to the
 gaming  commission  unused during a fiscal year shall be returned to the
 video lottery gaming operators on a pro rata basis  in  accordance  with
 the  amounts  originally  contributed by each operator and shall be used
 for the purpose of enhancing purses at  such  track.  One  and  one-half
 percent  of  the gross purse enhancement amount at a thoroughbred track,
 as required by this subdivision, shall be paid to an account established
 pursuant to section two hundred twenty-one-a of the racing,  pari-mutuel
 wagering  and  breeding  law  to  be  used exclusively to provide health
 insurance for jockeys. In addition, with the exception of Aqueduct race-
 track, A VIDEO LOTTERY GAMING FACILITY AUTHORIZED PURSUANT TO  PARAGRAPH
 FIVE  OF  SUBDIVISION  A  OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS
 ARTICLE or a facility in the county of Nassau or Suffolk operated  by  a
 corporation  established  pursuant  to  section  five hundred two of the
 racing, pari-mutuel wagering  and  breeding  law,  one  and  one-quarter
 percent  of  total revenue wagered at the vendor track after pay out for
 prizes, received pursuant to clause (A),  (B),  (B-1),  (B-2),  (C),  OR
 (D)[,  (E),  (F),  or (G)] of subparagraph (ii) of paragraph one of this
 subdivision, shall be distributed to the appropriate breeding  fund  for
 the manner of racing conducted by such track.
   Provided,  further,  that nothing in this paragraph shall prevent each
 track from entering into an agreement, not to exceed  five  years,  with
 the  organization  authorized  to  represent its horsemen to increase or
 decrease the portion of its vendor fee dedicated to enhancing purses  at
 such  track  during the years of participation by such track, or to race
 fewer dates than required herein.
   § 3. Subdivision h of section 1612 of the tax law, as amended by chap-
 ter 174 of the laws of 2013, is amended to read as follows:
   h. As consideration for  the  operation  of  a  video  lottery  gaming
 [resort]  facility  located  in  [Sullivan county] THE TOWN OF WOODBURY,
 COUNTY OF ORANGE, the division shall cause the investment in the  racing
 industry  at  the  following  amount  from  the vendor fee to be paid as
 follows:
   As amount to the horsemen for purses at a licensed racetrack in Sulli-
 van county [and to the agriculture and New  York  state  horse  breeding
 development  fund to maintain racing support payments at the same dollar
 levels realized in two thousand thirteen, to be adjusted by the consumer
 price index for all urban consumers, as published annually by the United
 States department of labor bureau of  labor  statistics]  IN  AN  AMOUNT
 EQUAL  TO  EIGHT AND THREE-QUARTERS PERCENT OF THE TOTAL REVENUE WAGERED
 AT THE VIDEO LOTTERY GAMING FACILITY, AFTER  PAY  OUT  FOR  PRIZES.  THE
 HORSEMEN  AT  A  LICENSED  RACETRACK IN SULLIVAN COUNTY SHALL PAY TO THE
 HORSEMEN AT A LICENSED RACETRACK AT YONKERS RACETRACK AN AMOUNT TO MAIN-
 TAIN PURSES FOR SUCH HORSEMEN AT THE SAME DOLLAR LEVELS REALIZED IN  TWO
 THOUSAND  EIGHTEEN,  TO  BE ADJUSTED BY THE CONSUMER PRICE INDEX FOR ALL
 URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED  STATES  DEPARTMENT
 OF  LABOR  BUREAU  OF LABOR STATISTICS. IN ADDITION, ONE AND ONE-QUARTER
 PERCENT OF TOTAL REVENUE WAGERED AT THE VIDEO  LOTTERY  GAMING  FACILITY
 AFTER  PAY  OUT  FOR PRIZES, RECEIVED PURSUANT TO CLAUSE (B) OF SUBPARA-
 GRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION B OF THIS SECTION,  SHALL  BE
 DISTRIBUTED  TO  THE  APPROPRIATE BREEDING FUND FOR THE MANNER OF RACING
 CONDUCTED BY SUCH TRACK. In no circumstance shall net  proceeds  of  the
 lottery,  including  the proceeds from video lottery gaming, be used for

 S. 6525                             3
 
 the payment of non-lottery expenses of the gaming  commission,  adminis-
 trative or otherwise.
   §  4.  Subdivision  a  of  section 1617-a of the tax law is amended by
 adding three new paragraphs 5, 6 and 7 to read as follows:
   (5) AT A FACILITY LOCATED IN THE TOWN OF WOODBURY, COUNTY OF ORANGE TO
 BE OPERATED BY THE ENTITY OTHERWISE LICENSED TO  OPERATE  VIDEO  LOTTERY
 GAMING  AT MONTICELLO RACETRACK, PROVIDED THAT: (I) SUCH LICENSED ENTITY
 IS NO LONGER OPERATING VIDEO LOTTERY GAMING AT MONTICELLO RACETRACK  AND
 PROVIDED THAT MONTICELLO RACETRACK IS CONDUCTING RACING OPERATIONS; (II)
 SUCH  FACILITY  IN  THE  TOWN OF WOODBURY, COUNTY OF ORANGE IS NOT SITED
 WITHIN A THIRTY MILE RADIUS OF THE  VIDEO  LOTTERY  GAMING  FACILITY  AT
 YONKERS  RACETRACK;  AND (III) THE LICENSED ENTITY, ITS SUBSIDIARIES AND
 AFFILIATES, INCLUDING THE ENTITY LICENSED TO OPERATE A COMMERCIAL GAMING
 FACILITY IN SULLIVAN COUNTY, AND THE ENTITY LICENSED  TO  OPERATE  VIDEO
 LOTTERY  GAMING  AT YONKERS RACETRACK ENTER INTO A MITIGATION AGREEMENT,
 TO BE APPROVED BY THE GAMING COMMISSION, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, TERMS THAT REQUIRE: (A) THE OPERATOR OF THE FACILITY IN  THE
 TOWN  OF  WOODBURY,  COUNTY  OF  ORANGE TO MAKE AN ANNUAL PAYMENT TO THE
 ENTITY LICENSED TO OPERATE VIDEO LOTTERY GAMING OR COMMERCIAL GAMING  AT
 YONKERS  RACETRACK  TO ACCOUNT FOR THE EFFECTS THAT SITING SUCH FACILITY
 IN ORANGE COUNTY WOULD LIKELY HAVE ON THE GROSS GAMING  REVENUE  OF  THE
 ENTITY  LICENSED  TO OPERATE AT YONKERS RACETRACK; (B) EMPLOYMENT LEVELS
 AT THE AFFECTED FACILITIES; AND (C) THAT UPON EXPIRATION OR  TERMINATION
 OF  THE  AGREEMENT,  THE  AUTHORITY  TO  OPERATE VIDEO LOTTERY GAMING IN
 ORANGE COUNTY SHALL CEASE. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS
 SUBDIVISION,  AT  NO TIME SHALL AN ENTITY OPERATING VIDEO LOTTERY GAMING
 IN ORANGE COUNTY BE PERMITTED TO APPLY FOR OR RECEIVE A LICENSE TO OPER-
 ATE A COMMERCIAL GAMING FACILITY IN  THAT  COUNTY.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, AT NO TIME SHALL AN ENTITY OPER-
 ATING  VIDEO LOTTERY GAMING IN THE TOWN OF WOODBURY, COUNTY OF ORANGE BE
 PERMITTED TO ENTER INTO ANY AGREEMENT WITH, OR ACCEPT ANY BENEFIT  FROM,
 AN  ENTITY  AUTHORIZED  PURSUANT  TO  ARTICLE  EIGHTEEN-A OF THE GENERAL
 MUNICIPAL LAW, INCLUDING BUT NOT LIMITED TO PAYMENTS IN  LIEU  OF  TAXES
 AUTHORIZED BY SECTION EIGHT HUNDRED FIFTY-EIGHT OF THE GENERAL MUNICIPAL
 LAW.
   (6)  AS  A  CONDITION OF THE LICENSE TO OPERATE A VIDEO LOTTERY GAMING
 FACILITY LOCATED IN THE TOWN OF WOODBURY, COUNTY OF ORANGE, SUCH  OPERA-
 TOR  SHALL  PROVIDE AN ANNUAL CERTIFICATION TO THE NEW YORK STATE GAMING
 COMMISSION THAT: (I) THE STAFFING LEVELS AT A COMMERCIAL GAMING FACILITY
 LOCATED IN ZONE TWO, REGION ONE PURSUANT TO SECTION THIRTEEN HUNDRED TEN
 OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW (OR  ANY  SUCCESSOR
 COMMERCIAL  GAMING  FACILITY  LOCATED  IN  SAID REGION) ARE NO LESS THAN
 NINETY PERCENT OF STAFFING LEVELS IN EFFECT AT  THE  END  OF  THE  THIRD
 QUARTER OF THE YEAR TWO THOUSAND NINETEEN; AND (II) UPON COMMENCEMENT OF
 OPERATIONS  OF  THE VIDEO LOTTERY GAMING FACILITY LOCATED IN THE TOWN OF
 WOODBURY, COUNTY OF ORANGE, THE COMBINED STAFFING LEVELS AT SUCH FACILI-
 TY AND THE COMMERCIAL GAMING FACILITY LOCATED IN ZONE  TWO,  REGION  ONE
 (OR  ANY  SUCCESSOR COMMERCIAL GAMING FACILITY LOCATED IN REGION) ARE NO
 LESS THAN NINETY PERCENT OF COMBINED STAFFING LEVELS BETWEEN BOTH FACIL-
 ITIES AT THE END OF THE THIRD QUARTER OF THE YEAR TWO THOUSAND NINETEEN.
 IN FURTHERANCE OF AND WITHOUT LIMITING THE FOREGOING, THE LICENSEES  FOR
 SUCH  FACILITIES  SHALL  NOT CONDUCT ANY MASS, INVOLUNTARY LAYOFF EVENTS
 THAT WOULD TRIGGER WORKER ADJUSTMENT AND RETRAINING NOTIFICATION  (WARN)
 ACT  NOTIFICATIONS PURSUANT TO ARTICLE TWENTY-FIVE-A OF THE LABOR LAW OR
 OTHERWISE RESULT IN THE EMPLOYMENT LEVELS  AT  THE  COMBINED  FACILITIES
 DROPPING BELOW AGREED UPON LEVELS.

 S. 6525                             4

   (7)  AS  A  CONTINUED  CONDITION OF LICENSURE, AND NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE  CONTRARY,  WHERE  A  LICENSED  COMMERCIAL
 GAMING  FACILITY IS LOCATED IN REGION ONE OF DEVELOPMENT ZONE TWO PURSU-
 ANT TO SECTION ONE THOUSAND THREE HUNDRED TEN OF THE RACING, PARI-MUTUEL
 WAGERING  AND  BREEDING  LAW,  SUCH  LICENSED COMMERCIAL GAMING FACILITY
 SHALL MAINTAIN ASSISTANCE PAYMENTS MADE PURSUANT TO SECTION FIFTY-FOUR-L
 OF THE STATE FINANCE LAW TO THE VILLAGE OF MONTICELLO, SULLIVAN  COUNTY,
 THE  TOWN  OF  THOMPSON,  SULLIVAN COUNTY, AND SULLIVAN COUNTY. PAYMENTS
 MADE PURSUANT TO THIS PARAGRAPH SHALL BE  MADE  QUARTERLY  AT  THE  SAME
 DOLLAR  LEVEL REALIZED IN TWO THOUSAND EIGHTEEN, TO BE ADJUSTED ANNUALLY
 PURSUANT TO CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS,
 AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF
 LABOR STATISTICS.
   § 5. Section 54-l of the state finance law is amended by adding a  new
 subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ALL
 MUNICIPALITIES WITHIN WHICH THE FACILITY REFERENCED IN PARAGRAPH FIVE OF
 SUBDIVISION A OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX  LAW  IS
 LOCATED,  SHALL  BE ELIGIBLE FOR STATE ASSISTANCE TO ELIGIBLE CITIES AND
 ELIGIBLE MUNICIPALITIES PURSUANT TO  THIS  SECTION;  PROVIDED,  HOWEVER,
 THAT  IF  SUCH  FACILITY  IS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF
 MORE THAN ONE VILLAGE, EACH SUCH VILLAGE SHALL RECEIVE AN  EQUAL  AMOUNT
 OF STATE ASSISTANCE PURSUANT TO THIS SECTION.
   §  6.  This act shall take effect immediately; provided, however, that
 no video lottery gaming may be conducted at any facility  within  Orange
 county unless and until the mitigation agreement required by this act is
 executed by all parties and approved by the gaming commission.

co-Sponsors

2019-S6525A - Details

See Assembly Version of this Bill:: A8417
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §§1612 & 1617-a, Tax L; amd §54-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1890, A4409
2023-2024: A3508

2019-S6525A - Summary

Permits video lottery gaming in the town of Woodbury, Orange county; designates vendor fees; requires a mitigation agreement.

2019-S6525A - Sponsor Memo

                                
 
BILL NUMBER: S6525A

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the tax law and the state finance law,
in relation to video lottery gaming in the town of Woodbury

 
PURPOSE:

To maintain the State video lottery gaming revenue previously coming
from video lottery gaming operations Monticello racetrack by authorizing
a video lottery gaming facility to be operated in Orange county by the
owner of Monticello racetrack. Also enhances existing racing support
payments and ensures the long-term continuation of harness racing at
Monticello racetrack, while providing for mitigation payments to the
operator of video lottery gaming operations at Yonkers racetrack.

 
SUMMARY OF PROVISIONS:

Section 1: Provides for a vendor fee of 46% for the new video lottery
gaming facility authorized by this act.

Section 2: Clarifies that the Orange county video lottery gaming facili-
ty is not a vendor track.

Section 3: Provides that, as consideration for being granted the author-
ization to operate the video lottery gaming facility in Orange county,
the operator of such facility shall provide racing support payments in
to Monticello racetrack (8.75% to purses and 1.25% to breeders) and to
Yonkers racetrack an amount to maintain purses for horsemen at the same
dollar levels realized in 2018, adjusted by the consumer price index for
urban consumers. Additionally, 1.25% of total revenue wagered at the
facility after pay out for prizes, shall be distributed to the appropri-
ate breeding fund for the manner of racing conducted by such track.

Section 4: Authorizes the Gaming Commission to issue a video lottery
gaming license to the entity that operated the video lottery gaming
facility at Monticello racetrack to operate a facility in Orange county
and: (a) prohibits such entity from operating a video lottery gaming
facility at both locations, (b) requires continued racing operations at
Monticello racetrack in order to ensure the long-term continuation of
harness racing at Monticello track; (c) requires such Orange county
facility to be at least 30 miles from the video lottery gaming facility
at Yonkers racetrack; (d) requires the operators of the Orange County
facility and the video lottery gaming facility at Yonkers racetrack to
enter into a mitigation agreement, to be approved by the gaming commis-
sion, that addresses, (i) a mitigation payment to the operator of the
video lottery gaming facility at Yonkers racetrack and (ii) the require-
ment of such mitigation to be in place in order to operate the facility
in Orange County.  Additionally, as the condition of the license to
operate a video lottery gaming facility in the Town of Woodbury, the
operators must maintain staffing levels at their commercial gaming
facility in Sullivan County at levels no less than 90% of the staffing
levels at the commercial gaming facility as of the end of the third
quarter of 2019. The license operators must also maintain quarterly
assistance payments to the Village of Monticello, the Town of Thompson
and Sullivan County, at the same levels made in 2018 to be adjusted
annually pursuant to changes in the consumer price index for urban
consumers.

Section 5: Makes all municipalities within which the new video lottery
facility will be located in eligible for state assistance in accordance
with Section 54-1 of the state finance law.

Section 6: Effective date.

 
EXISTING LAW:

Tax Law sections 1612 and 1617-a authorize Monticello racetrack to oper-
ate VLT machines and distributes the net win from such machines as
follows:

*41% vendor fee (less 10% in racing support payments for purses and
breeders);

*39% State education aid;

*10% marketing allowance;

*10% gaming administration to the State Racing, Pari-Mutuel Wagering and
Breeding Law section 1351 provides a 39% tax on casino gross gaming
revenue (of which 80% is allocated to State education aid and 20% to
local tax relief).

 
JUSTIFICATION:

Montreign Operating Company, LLC d/b/a Resorts World Catskills and
Monticello Raceway Management, Inc., the owner/operator of Monticello
Casino and Raceway - together under the Empire Resorts corporate umbrel-
la - are Sullivan County's largest employer with over 1,600 employees.
To provide sustainability to the business, Empire Resorts seeks statuto-
ry authorization to relocate its current VLT allocation to a location
with a more stable revenue base. The proposal would authorize Monticello
Raceway to move its video lottery gaming facility to Orange County. This
will provide the State with incremental video lottery gaming revenue and
enhanced racing support payments and long-term continuation of harness
racing at Monticello racetrack.

This legislation relies on maintaining Monticello Raceway's effective
tax rate in 2018 but seeks no tax breaks or additional incentives.  The
Orange County video lottery gaming facility would be restricted to a
site that is more than 30 miles from Yonkers racetrack in order to maxi-
mize revenue potential. This legislation also requires Empire Resorts to
enter into an agreement with MGM Yonkers in order to provide mitigation
payments to address projected revenue cannibalization.

 
FISCAL IMPLICATIONS:

The proposed video lottery gaming facility would contribute approximate-
ly $23M of incremental revenue directly to the State (for education and
administrative expenses of the gaming commission) and will result in
significant direct capital investment in Orange County with direct
employment of over 300 permanent jobs and additional construction and
induced jobs.

 
LEGISLATIVE HISTORY:

None
 
EFFECTIVE DATE:
This act shall take effect immediately, provided however, that no video
lottery gaming may be conducted at any facility within Orange County
unless and until the mitigation agreement required by this act is
executed by all parties and approved by the gaming commission.

2019-S6525A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6525--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sens. SKOUFIS, ADDABBO, METZGER, MAYER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the tax law and the state finance law,  in  relation  to
   video lottery gaming in the town of Woodbury
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (B) of subparagraph (ii) of paragraph 1 of  subdivi-
 sion  b  of  section  1612  of  the  tax  law is amended by adding a new
 subclause 5 to read as follows:
   (5) SIXTY-FOUR PERCENT FOR A VIDEO LOTTERY GAMING FACILITY  AUTHORIZED
 PURSUANT  TO  PARAGRAPH FIVE OF SUBDIVISION A OF SECTION SIXTEEN HUNDRED
 SEVENTEEN-A OF THIS ARTICLE;
   § 2. Paragraph 2 of subdivision b of section 1612 of the tax  law,  as
 amended  by  section  1 of part OO of chapter 59 of the laws of 2014, is
 amended to read as follows:
   2. As consideration for the operation of a video lottery gaming facil-
 ity, the division, shall cause the investment in the racing industry  of
 a  portion  of the vendor fee received pursuant to paragraph one of this
 subdivision in the manner set forth  in  this  subdivision.    With  the
 exception of Aqueduct racetrack, A VIDEO LOTTERY GAMING FACILITY AUTHOR-
 IZED  PURSUANT  TO  PARAGRAPH  FIVE  OF SUBDIVISION A OF SECTION SIXTEEN
 HUNDRED SEVENTEEN-A OF THIS ARTICLE or  a  facility  in  the  county  of
 Nassau  or  Suffolk  operated  by  a corporation established pursuant to
 section five hundred two of the racing, pari-mutuel wagering and  breed-
 ing  law,  each  such track shall dedicate a portion of its vendor fees,
 received pursuant to clause (A), (B), (B-1), (B-2), (C), OR  (D)[,  (E),
 (F),  or (G)] of subparagraph (ii) of paragraph one of this subdivision,
 for the purpose of enhancing purses at such track, in an amount equal to
 eight and three-quarters percent of the total  revenue  wagered  at  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13351-06-9

 S. 6525--A                          2
 
 vendor  track  after  pay out for prizes. One percent of the gross purse
 enhancement amount, as required by this subdivision, shall  be  paid  to
 the  gaming  commission  to  be  used  exclusively to promote and ensure
 equine health and safety in New York. Any portion of such funding to the
 gaming  commission  unused during a fiscal year shall be returned to the
 video lottery gaming operators on a pro rata basis  in  accordance  with
 the  amounts  originally  contributed by each operator and shall be used
 for the purpose of enhancing purses at  such  track.  One  and  one-half
 percent  of  the gross purse enhancement amount at a thoroughbred track,
 as required by this subdivision, shall be paid to an account established
 pursuant to section two hundred twenty-one-a of the racing,  pari-mutuel
 wagering  and  breeding  law  to  be  used exclusively to provide health
 insurance for jockeys. In addition, with the exception of Aqueduct race-
 track, A VIDEO LOTTERY GAMING FACILITY AUTHORIZED PURSUANT TO  PARAGRAPH
 FIVE  OF  SUBDIVISION  A  OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS
 ARTICLE or a facility in the county of Nassau or Suffolk operated  by  a
 corporation  established  pursuant  to  section  five hundred two of the
 racing, pari-mutuel wagering  and  breeding  law,  one  and  one-quarter
 percent  of  total revenue wagered at the vendor track after pay out for
 prizes, received pursuant to clause (A),  (B),  (B-1),  (B-2),  (C),  OR
 (D)[,  (E),  (F),  or (G)] of subparagraph (ii) of paragraph one of this
 subdivision, shall be distributed to the appropriate breeding  fund  for
 the manner of racing conducted by such track.
   Provided,  further,  that nothing in this paragraph shall prevent each
 track from entering into an agreement, not to exceed  five  years,  with
 the  organization  authorized  to  represent its horsemen to increase or
 decrease the portion of its vendor fee dedicated to enhancing purses  at
 such  track  during the years of participation by such track, or to race
 fewer dates than required herein.
   § 3. Subdivision h of section 1612 of the tax law, as amended by chap-
 ter 174 of the laws of 2013, is amended to read as follows:
   h. As consideration for  the  operation  of  a  video  lottery  gaming
 [resort]  facility  located  in  [Sullivan county] THE TOWN OF WOODBURY,
 COUNTY OF ORANGE, the division shall cause the investment in the  racing
 industry  at  the  following  amount  from  the vendor fee to be paid as
 follows:
   As amount to the horsemen for purses at a licensed racetrack in Sulli-
 van county [and to the agriculture and New  York  state  horse  breeding
 development  fund to maintain racing support payments at the same dollar
 levels realized in two thousand thirteen, to be adjusted by the consumer
 price index for all urban consumers, as published annually by the United
 States department of labor bureau of  labor  statistics]  IN  AN  AMOUNT
 EQUAL  TO  EIGHT AND THREE-QUARTERS PERCENT OF THE TOTAL REVENUE WAGERED
 AT THE VIDEO LOTTERY GAMING FACILITY, AFTER  PAY  OUT  FOR  PRIZES.  THE
 HORSEMEN  AT  A  LICENSED  RACETRACK IN SULLIVAN COUNTY SHALL PAY TO THE
 HORSEMEN AT A LICENSED RACETRACK AT YONKERS RACETRACK AN AMOUNT TO MAIN-
 TAIN PURSES FOR SUCH HORSEMEN AT THE SAME DOLLAR LEVELS REALIZED IN  TWO
 THOUSAND  EIGHTEEN,  TO  BE ADJUSTED BY THE CONSUMER PRICE INDEX FOR ALL
 URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED  STATES  DEPARTMENT
 OF  LABOR  BUREAU  OF LABOR STATISTICS. IN ADDITION, ONE AND ONE-QUARTER
 PERCENT OF TOTAL REVENUE WAGERED AT THE VIDEO  LOTTERY  GAMING  FACILITY
 AFTER  PAY  OUT  FOR PRIZES, RECEIVED PURSUANT TO CLAUSE (B) OF SUBPARA-
 GRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION B OF THIS SECTION,  SHALL  BE
 DISTRIBUTED  TO  THE  APPROPRIATE BREEDING FUND FOR THE MANNER OF RACING
 CONDUCTED BY SUCH TRACK. In no circumstance shall net  proceeds  of  the
 lottery,  including  the proceeds from video lottery gaming, be used for

 S. 6525--A                          3
 
 the payment of non-lottery expenses of the gaming  commission,  adminis-
 trative or otherwise.
   §  4.  Subdivision  a  of  section 1617-a of the tax law is amended by
 adding four new paragraphs 5, 6, 7 and 8 to read as follows:
   (5) AT A FACILITY LOCATED IN THE TOWN OF WOODBURY, COUNTY OF ORANGE TO
 BE OPERATED BY THE ENTITY OTHERWISE LICENSED TO  OPERATE  VIDEO  LOTTERY
 GAMING  AT MONTICELLO RACETRACK, PROVIDED THAT: (I) SUCH LICENSED ENTITY
 IS NO LONGER OPERATING VIDEO LOTTERY GAMING AT MONTICELLO RACETRACK  AND
 PROVIDED THAT MONTICELLO RACETRACK IS CONDUCTING RACING OPERATIONS; (II)
 SUCH  FACILITY  IN  THE  TOWN OF WOODBURY, COUNTY OF ORANGE IS NOT SITED
 WITHIN A THIRTY MILE RADIUS OF THE  VIDEO  LOTTERY  GAMING  FACILITY  AT
 YONKERS  RACETRACK;  AND (III) THE LICENSED ENTITY, ITS SUBSIDIARIES AND
 AFFILIATES, INCLUDING THE ENTITY LICENSED TO OPERATE A COMMERCIAL GAMING
 FACILITY IN SULLIVAN COUNTY, AND THE ENTITY LICENSED  TO  OPERATE  VIDEO
 LOTTERY  GAMING  AT YONKERS RACETRACK ENTER INTO A MITIGATION AGREEMENT,
 TO BE APPROVED BY THE GAMING COMMISSION, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, TERMS THAT REQUIRE: (A) THE OPERATOR OF THE FACILITY IN  THE
 TOWN  OF  WOODBURY,  COUNTY  OF  ORANGE TO MAKE AN ANNUAL PAYMENT TO THE
 ENTITY LICENSED TO OPERATE VIDEO LOTTERY GAMING OR COMMERCIAL GAMING  AT
 YONKERS  RACETRACK  TO ACCOUNT FOR THE EFFECTS THAT SITING SUCH FACILITY
 IN ORANGE COUNTY WOULD LIKELY HAVE ON THE GROSS GAMING  REVENUE  OF  THE
 ENTITY  LICENSED  TO OPERATE AT YONKERS RACETRACK; (B) EMPLOYMENT LEVELS
 AT THE AFFECTED FACILITIES; AND (C) THAT UPON EXPIRATION OR  TERMINATION
 OF  THE  AGREEMENT,  THE  AUTHORITY  TO  OPERATE VIDEO LOTTERY GAMING IN
 ORANGE COUNTY SHALL CEASE. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS
 SUBDIVISION,  AT  NO TIME SHALL AN ENTITY OPERATING VIDEO LOTTERY GAMING
 IN ORANGE COUNTY BE PERMITTED TO APPLY FOR OR RECEIVE A LICENSE TO OPER-
 ATE A COMMERCIAL GAMING FACILITY IN  THAT  COUNTY.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, AT NO TIME SHALL AN ENTITY OPER-
 ATING  VIDEO LOTTERY GAMING IN THE TOWN OF WOODBURY, COUNTY OF ORANGE BE
 PERMITTED TO ENTER INTO ANY AGREEMENT WITH, OR ACCEPT ANY BENEFIT  FROM,
 AN  ENTITY  AUTHORIZED  PURSUANT  TO  ARTICLE  EIGHTEEN-A OF THE GENERAL
 MUNICIPAL LAW, INCLUDING BUT NOT LIMITED TO PAYMENTS IN  LIEU  OF  TAXES
 AUTHORIZED BY SECTION EIGHT HUNDRED FIFTY-EIGHT OF THE GENERAL MUNICIPAL
 LAW.
   (6)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS A
 CONDITION OF THE LICENSE TO OPERATE  A  VIDEO  LOTTERY  GAMING  FACILITY
 LOCATED  IN  THE TOWN OF WOODBURY, COUNTY OF ORANGE, SUCH OPERATOR SHALL
 PROVIDE AN ANNUAL CERTIFICATION TO THE NEW YORK STATE GAMING  COMMISSION
 THAT: (I) THE STAFFING LEVELS AT A COMMERCIAL GAMING FACILITY LOCATED IN
 ZONE  TWO,  REGION  ONE  PURSUANT TO SECTION THIRTEEN HUNDRED TEN OF THE
 RACING, PARI-MUTUEL WAGERING AND BREEDING LAW (OR ANY SUCCESSOR  COMMER-
 CIAL  GAMING  FACILITY  LOCATED  IN SAID REGION) ARE NO LESS THAN NINETY
 PERCENT OF STAFFING LEVELS IN EFFECT AT THE END OF THE THIRD QUARTER  OF
 THE YEAR TWO THOUSAND NINETEEN; AND (II) UPON COMMENCEMENT OF OPERATIONS
 OF  THE  VIDEO  LOTTERY GAMING FACILITY LOCATED IN THE TOWN OF WOODBURY,
 COUNTY OF ORANGE, THE COMBINED STAFFING LEVELS AT SUCH FACILITY AND  THE
 COMMERCIAL  GAMING  FACILITY  LOCATED  IN  ZONE  TWO, REGION ONE (OR ANY
 SUCCESSOR COMMERCIAL GAMING FACILITY LOCATED IN REGION) ARE NO LESS THAN
 NINETY PERCENT OF COMBINED STAFFING LEVELS BETWEEN  BOTH  FACILITIES  AT
 THE  END  OF  THE  THIRD  QUARTER  OF THE YEAR TWO THOUSAND NINETEEN. IN
 FURTHERANCE OF AND WITHOUT LIMITING THE  FOREGOING,  THE  LICENSEES  FOR
 SUCH  FACILITIES  SHALL  NOT CONDUCT ANY MASS, INVOLUNTARY LAYOFF EVENTS
 THAT WOULD TRIGGER WORKER ADJUSTMENT AND RETRAINING NOTIFICATION  (WARN)
 ACT  NOTIFICATIONS PURSUANT TO ARTICLE TWENTY-FIVE-A OF THE LABOR LAW OR

 S. 6525--A                          4
 
 OTHERWISE RESULT IN THE EMPLOYMENT LEVELS  AT  THE  COMBINED  FACILITIES
 DROPPING BELOW AGREED UPON LEVELS.
   (7)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS A
 CONDITION OF THE LICENSE TO OPERATE  A  VIDEO  LOTTERY  GAMING  FACILITY
 LOCATED  IN  THE TOWN OF WOODBURY, COUNTY OF ORANGE, SUCH OPERATOR SHALL
 MAINTAIN ASSISTANCE PAYMENTS MADE PURSUANT TO  SECTION  FIFTY-FOUR-L  OF
 THE STATE FINANCE LAW TO THE VILLAGE OF MONTICELLO, SULLIVAN COUNTY, THE
 TOWN  OF  THOMPSON,  SULLIVAN COUNTY, AND SULLIVAN COUNTY. PAYMENTS MADE
 PURSUANT TO THIS PARAGRAPH SHALL BE MADE QUARTERLY AT  THE  SAME  DOLLAR
 LEVEL  REALIZED IN TWO THOUSAND EIGHTEEN, TO BE ADJUSTED ANNUALLY PURSU-
 ANT TO CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN  CONSUMERS,  AS
 PUBLISHED  ANNUALLY  BY  THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF
 LABOR STATISTICS.
   (8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  AS  A
 CONDITION  OF  THE  LICENSE  TO  OPERATE A VIDEO LOTTERY GAMING FACILITY
 LOCATED IN THE TOWN OF WOODBURY, COUNTY OF ORANGE, SUCH  OPERATOR  SHALL
 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SULLIVAN, WHICH
 SHALL BE FILED PRIOR TO APPROVAL OF SUCH LICENSE TO OPERATE BY THE STATE
 GAMING COMMISSION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO TERMS THAT
 PROVIDE FOR A ONE-TIME PAYMENT IN THE AMOUNT OF ONE MILLION DOLLARS FROM
 SUCH OPERATOR TO THE COUNTY OF SULLIVAN.
   §  5. Section 54-l of the state finance law is amended by adding a new
 subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ALL
 MUNICIPALITIES WITHIN WHICH THE FACILITY REFERENCED IN PARAGRAPH FIVE OF
 SUBDIVISION  A  OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW IS
 LOCATED, SHALL BE ELIGIBLE FOR STATE ASSISTANCE TO ELIGIBLE  CITIES  AND
 ELIGIBLE  MUNICIPALITIES  PURSUANT  TO  THIS SECTION; PROVIDED, HOWEVER,
 THAT IF SUCH FACILITY IS LOCATED WITHIN  THE  GEOGRAPHIC  BOUNDARIES  OF
 MORE  THAN  ONE VILLAGE, EACH SUCH VILLAGE SHALL RECEIVE AN EQUAL AMOUNT
 OF STATE ASSISTANCE PURSUANT TO THIS SECTION.  STATE ASSISTANCE  AWARDED
 TO  SUCH  CITIES AND MUNICIPALITIES SHALL NOT BE LESS THAN THREE MILLION
 DOLLARS PER AWARD REGARDLESS OF THE NUMBER OF  SUCH  CITIES  OR  MUNICI-
 PALITIES RECEIVING SUCH AWARD.
   §  6.  This act shall take effect immediately; provided, however, that
 no video lottery gaming may be conducted at any facility  within  Orange
 county unless and until the mitigation agreement required by this act is
 executed by all parties and approved by the gaming commission.

co-Sponsors

2019-S6525B (ACTIVE) - Details

See Assembly Version of this Bill:: A8417
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §§1612 & 1617-a, Tax L; amd §54-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1890, A4409
2023-2024: A3508

2019-S6525B (ACTIVE) - Summary

Permits video lottery gaming in the town of Woodbury, Orange county; designates vendor fees; requires a mitigation agreement.

2019-S6525B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6525B

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the tax law and the state finance law,
in relation to video lottery gaming in the town of Woodbury

 
PURPOSE:

To maintain the State video lottery gaming revenue previously coming
from video lottery gaming operations Monticello racetrack by authorizing
a video lottery gaming facility to be operated in Orange county by the
owner of Monticello racetrack. Also enhances existing racing support
payments and ensures the long-term continuation of harness racing at
Monticello racetrack, while providing for mitigation payments to the
operator of video lottery gaming operations at Yonkers racetrack.

 
SUMMARY OF PROVISIONS:

Section 1: Provides for a vendor fee of 46% for the new video lottery
gaming facility authorized by this act.

Section 2: Clarifies that the Orange county video lottery gaming facili-
ty is not a vendor track.

Section 3: Provides that, as consideration for being granted the author-
ization to operate the video lottery gaming facility in Orange county,
the operator of such facility shall provide racing support payments in
to Monticello racetrack (8.75% to purses and 1.25% to breeders) and to
Yonkers racetrack an amount to maintain purses for horsemen at the same
dollar levels realized in 2018, adjusted by the consumer price index for
urban consumers. Additionally, 1.25% of total revenue wagered at the
facility after pay out for prizes, shall be distributed to the appropri-
ate breeding fund for the manner of racing conducted by such track.

Section 4: Authorizes the Gaming Commission to issue a video lottery
gaming license to the entity that operated the video lottery gaming
facility at Monticello racetrack to operate a facility in Orange county
and: (a) prohibits such entity from operating a video lottery gaming
facility at both locations, (b) requires continued racing operations at
Monticello racetrack in order to ensure the long-term continuation of
harness racing at Monticello track; (c) requires such Orange county
facility to be at least 30 miles from the video lottery gaming facility
at Yonkers racetrack; (d) requires the operators of the Orange County
facility and the video lottery gaming facility at Yonkers racetrack to
enter into a mitigation agreement, to be approved by the gaming commis-
sion, that addresses, (i) a mitigation payment to the operator of the
video lottery gaming facility at Yonkers racetrack and (ii) the require-
ment of such mitigation to be in place in order to operate the facility
in Orange County.  Additionally, as the condition of the license to
operate a video lottery gaming facility in the Town of Woodbury, the
operators must maintain staffing levels at their commercial gaming
facility in Sullivan County at levels no less than 90% of the staffing
levels at the commercial gaming facility as of the end of the third
quarter of 2019. The license operators must also maintain quarterly
assistance payments to the Village of Monticello, the Town of Thompson
and Sullivan County, at the same levels made in 2018 to be adjusted
annually pursuant to changes in the consumer price index for urban
consumers.

Section 5: Makes all municipalities within which the new video lottery
facility will be located in eligible for state assistance in accordance
with Section 54-1 of the state finance law.

Section 6: Effective date.

 
EXISTING LAW:

Tax Law sections 1612 and 1617-a authorize Monticello racetrack to oper-
ate VLT machines and distributes the net win from such machines as
follows:

*41% vendor fee (less 10% in racing support payments for purses and
breeders);

*39% State education aid;

*10% marketing allowance;

*10% gaming administration to the State Racing, Pari-Mutuel Wagering and
Breeding Law section 1351 provides a 39% tax on casino gross gaming
revenue (of which 80% is allocated to State education aid and 20% to
local tax relief).

 
JUSTIFICATION:

Montreign Operating Company, LLC d/b/a Resorts World Catskills and
Monticello Raceway Management, Inc., the owner/operator of Monticello
Casino and Raceway - together under the Empire Resorts corporate umbrel-
la - are Sullivan County's largest employer with over 1,600 employees.
To provide sustainability to the business, Empire Resorts seeks statuto-
ry authorization to relocate its current VLT allocation to a location
with a more stable revenue base. The proposal would authorize Monticello
Raceway to move its video lottery gaming facility to Orange County. This
will provide the State with incremental video lottery gaming revenue and
enhanced racing support payments and long-term continuation of harness
racing at Monticello racetrack.

This legislation relies on maintaining Monticello Raceways effective tax
rate in 2018 but seeks no tax breaks or additional incentives.  The
Orange County video lottery gaming facility would be restricted to a
site that is more than 30 miles from Yonkers racetrack in order to maxi-
mize revenue potential. This legislation also requires Empire Resorts to
enter into an agreement with MGM Yonkers in order to provide mitigation
payments to address projected revenue cannibalization.

 
FISCAL IMPLICATIONS:

The proposed video lottery gaming facility would contribute approximate-
ly $23M of incremental revenue directly to the State (for education and
administrative expenses of the gaming commission) and will result in
significant direct capital investment in Orange County with direct
employment of over 300 permanent jobs and additional construction and
induced jobs.

 
LEGISLATIVE HISTORY:

None
 
EFFECTIVE DATE:
This act shall take effect immediately, provided however, that no video
lottery gaming may be conducted at any facility within Orange County
unless and until the mitigation agreement required by this act is
executed by all parties and approved by the gaming commission.

2019-S6525B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6525--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2019
                                ___________
 
 Introduced  by  Sens. SKOUFIS, ADDABBO, METZGER, MAYER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the tax law and the state finance law,  in  relation  to
   video lottery gaming in the town of Woodbury
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause (B) of subparagraph (ii) of paragraph 1 of  subdivi-
 sion  b  of  section  1612  of  the  tax  law is amended by adding a new
 subclause 5 to read as follows:
   (5) SIXTY-FOUR PERCENT FOR A VIDEO LOTTERY GAMING FACILITY  AUTHORIZED
 PURSUANT  TO  PARAGRAPH FIVE OF SUBDIVISION A OF SECTION SIXTEEN HUNDRED
 SEVENTEEN-A OF THIS ARTICLE;
   § 2. Paragraph 2 of subdivision b of section 1612 of the tax  law,  as
 amended  by  section  1 of part OO of chapter 59 of the laws of 2014, is
 amended to read as follows:
   2. As consideration for the operation of a video lottery gaming facil-
 ity, the division, shall cause the investment in the racing industry  of
 a  portion  of the vendor fee received pursuant to paragraph one of this
 subdivision in the manner set forth  in  this  subdivision.    With  the
 exception of Aqueduct racetrack, A VIDEO LOTTERY GAMING FACILITY AUTHOR-
 IZED  PURSUANT  TO  PARAGRAPH  FIVE  OF SUBDIVISION A OF SECTION SIXTEEN
 HUNDRED SEVENTEEN-A OF THIS ARTICLE or  a  facility  in  the  county  of
 Nassau  or  Suffolk  operated  by  a corporation established pursuant to
 section five hundred two of the racing, pari-mutuel wagering and  breed-
 ing  law,  each  such track shall dedicate a portion of its vendor fees,
 received pursuant to clause (A), (B), (B-1), (B-2), (C), OR  (D)[,  (E),
 (F),  or (G)] of subparagraph (ii) of paragraph one of this subdivision,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13351-08-9

 S. 6525--B                          2
 
 for the purpose of enhancing purses at such track, in an amount equal to
 eight and three-quarters percent of the total  revenue  wagered  at  the
 vendor  track  after  pay out for prizes. One percent of the gross purse
 enhancement  amount,  as  required by this subdivision, shall be paid to
 the gaming commission to be  used  exclusively  to  promote  and  ensure
 equine health and safety in New York. Any portion of such funding to the
 gaming  commission  unused during a fiscal year shall be returned to the
 video lottery gaming operators on a pro rata basis  in  accordance  with
 the  amounts  originally  contributed by each operator and shall be used
 for the purpose of enhancing purses at  such  track.  One  and  one-half
 percent  of  the gross purse enhancement amount at a thoroughbred track,
 as required by this subdivision, shall be paid to an account established
 pursuant to section two hundred twenty-one-a of the racing,  pari-mutuel
 wagering  and  breeding  law  to  be  used exclusively to provide health
 insurance for jockeys. In addition, with the exception of Aqueduct race-
 track, A VIDEO LOTTERY GAMING FACILITY AUTHORIZED PURSUANT TO  PARAGRAPH
 FIVE  OF  SUBDIVISION  A  OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS
 ARTICLE or a facility in the county of Nassau or Suffolk operated  by  a
 corporation  established  pursuant  to  section  five hundred two of the
 racing, pari-mutuel wagering  and  breeding  law,  one  and  one-quarter
 percent  of  total revenue wagered at the vendor track after pay out for
 prizes, received pursuant to clause (A),  (B),  (B-1),  (B-2),  (C),  OR
 (D)[,  (E),  (F),  or (G)] of subparagraph (ii) of paragraph one of this
 subdivision, shall be distributed to the appropriate breeding  fund  for
 the manner of racing conducted by such track.
   Provided,  further,  that nothing in this paragraph shall prevent each
 track from entering into an agreement, not to exceed  five  years,  with
 the  organization  authorized  to  represent its horsemen to increase or
 decrease the portion of its vendor fee dedicated to enhancing purses  at
 such  track  during the years of participation by such track, or to race
 fewer dates than required herein.
   § 3. Subdivision h of section 1612 of the tax law, as amended by chap-
 ter 174 of the laws of 2013, is amended to read as follows:
   h. As consideration for  the  operation  of  a  video  lottery  gaming
 [resort]  facility  located  in  [Sullivan county] THE TOWN OF WOODBURY,
 COUNTY OF ORANGE, the division shall cause the investment in the  racing
 industry  at  the  following  amount  from  the vendor fee to be paid as
 follows:
   As amount to the horsemen for purses at a licensed racetrack in Sulli-
 van county [and to the agriculture and New  York  state  horse  breeding
 development  fund to maintain racing support payments at the same dollar
 levels realized in two thousand thirteen, to be adjusted by the consumer
 price index for all urban consumers, as published annually by the United
 States department of labor bureau of  labor  statistics]  IN  AN  AMOUNT
 EQUAL  TO  EIGHT AND THREE-QUARTERS PERCENT OF THE TOTAL REVENUE WAGERED
 AT THE VIDEO LOTTERY GAMING FACILITY, AFTER  PAY  OUT  FOR  PRIZES.  THE
 HORSEMEN  AT  A  LICENSED  RACETRACK IN SULLIVAN COUNTY SHALL PAY TO THE
 HORSEMEN AT A LICENSED RACETRACK AT YONKERS RACETRACK AN AMOUNT TO MAIN-
 TAIN PURSES FOR SUCH HORSEMEN AT THE SAME DOLLAR LEVELS REALIZED IN  TWO
 THOUSAND  EIGHTEEN,  TO  BE ADJUSTED BY THE CONSUMER PRICE INDEX FOR ALL
 URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED  STATES  DEPARTMENT
 OF  LABOR  BUREAU  OF LABOR STATISTICS. IN ADDITION, ONE AND ONE-QUARTER
 PERCENT OF TOTAL REVENUE WAGERED AT THE VIDEO  LOTTERY  GAMING  FACILITY
 AFTER  PAY  OUT  FOR PRIZES, RECEIVED PURSUANT TO CLAUSE (B) OF SUBPARA-
 GRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION B OF THIS SECTION,  SHALL  BE
 DISTRIBUTED  TO  THE  APPROPRIATE BREEDING FUND FOR THE MANNER OF RACING

 S. 6525--B                          3
 
 CONDUCTED BY SUCH TRACK. In no circumstance shall net  proceeds  of  the
 lottery,  including  the proceeds from video lottery gaming, be used for
 the payment of non-lottery expenses of the gaming  commission,  adminis-
 trative or otherwise.
   §  4.  Subdivision  a  of  section 1617-a of the tax law is amended by
 adding four new paragraphs 5, 6, 7 and 8 to read as follows:
   (5) AT A FACILITY LOCATED IN THE TOWN OF WOODBURY, COUNTY OF ORANGE TO
 BE OPERATED BY THE ENTITY OTHERWISE LICENSED TO  OPERATE  VIDEO  LOTTERY
 GAMING  AT MONTICELLO RACETRACK, PROVIDED THAT: (I) SUCH LICENSED ENTITY
 IS NO LONGER OPERATING VIDEO LOTTERY GAMING AT MONTICELLO RACETRACK  AND
 PROVIDED THAT MONTICELLO RACETRACK IS CONDUCTING RACING OPERATIONS; (II)
 SUCH  FACILITY  IN  THE  TOWN OF WOODBURY, COUNTY OF ORANGE IS NOT SITED
 WITHIN A THIRTY MILE RADIUS OF THE  VIDEO  LOTTERY  GAMING  FACILITY  AT
 YONKERS  RACETRACK;  AND (III) THE LICENSED ENTITY, ITS SUBSIDIARIES AND
 AFFILIATES, INCLUDING THE ENTITY LICENSED TO OPERATE A COMMERCIAL GAMING
 FACILITY IN SULLIVAN COUNTY, AND THE ENTITY LICENSED  TO  OPERATE  VIDEO
 LOTTERY  GAMING  AT YONKERS RACETRACK ENTER INTO A MITIGATION AGREEMENT,
 TO BE APPROVED BY THE GAMING COMMISSION, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, TERMS THAT REQUIRE: (A) THE OPERATOR OF THE FACILITY IN  THE
 TOWN  OF  WOODBURY,  COUNTY  OF  ORANGE TO MAKE AN ANNUAL PAYMENT TO THE
 ENTITY LICENSED TO OPERATE VIDEO LOTTERY GAMING OR COMMERCIAL GAMING  AT
 YONKERS  RACETRACK  TO ACCOUNT FOR THE EFFECTS THAT SITING SUCH FACILITY
 IN ORANGE COUNTY WOULD LIKELY HAVE ON THE GROSS GAMING  REVENUE  OF  THE
 ENTITY  LICENSED  TO OPERATE AT YONKERS RACETRACK; (B) EMPLOYMENT LEVELS
 AT THE AFFECTED FACILITIES; AND (C) THAT UPON EXPIRATION OR  TERMINATION
 OF  THE  AGREEMENT,  THE  AUTHORITY  TO  OPERATE VIDEO LOTTERY GAMING IN
 ORANGE COUNTY SHALL CEASE. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS
 SUBDIVISION,  AT  NO TIME SHALL AN ENTITY OPERATING VIDEO LOTTERY GAMING
 IN ORANGE COUNTY BE PERMITTED TO APPLY FOR OR RECEIVE A LICENSE TO OPER-
 ATE A COMMERCIAL GAMING FACILITY IN  THAT  COUNTY.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, AT NO TIME SHALL AN ENTITY OPER-
 ATING  VIDEO LOTTERY GAMING IN THE TOWN OF WOODBURY, COUNTY OF ORANGE BE
 PERMITTED TO ENTER INTO ANY AGREEMENT WITH, OR ACCEPT ANY BENEFIT  FROM,
 AN  ENTITY  AUTHORIZED  PURSUANT  TO  ARTICLE  EIGHTEEN-A OF THE GENERAL
 MUNICIPAL LAW, INCLUDING BUT NOT LIMITED TO PAYMENTS IN  LIEU  OF  TAXES
 AUTHORIZED BY SECTION EIGHT HUNDRED FIFTY-EIGHT OF THE GENERAL MUNICIPAL
 LAW.
   (6)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS A
 CONDITION OF THE LICENSE TO OPERATE  A  VIDEO  LOTTERY  GAMING  FACILITY
 LOCATED  IN  THE TOWN OF WOODBURY, COUNTY OF ORANGE, SUCH OPERATOR SHALL
 PROVIDE AN ANNUAL CERTIFICATION TO THE NEW YORK STATE GAMING  COMMISSION
 THAT THE STAFFING LEVELS AT A COMMERCIAL GAMING FACILITY LOCATED IN ZONE
 TWO,  REGION ONE PURSUANT TO SECTION THIRTEEN HUNDRED TEN OF THE RACING,
 PARI-MUTUEL WAGERING AND  BREEDING  LAW  (OR  ANY  SUCCESSOR  COMMERCIAL
 GAMING  FACILITY  LOCATED  IN SAID REGION) ARE NO LESS THAN ONE THOUSAND
 FOUR HUNDRED THIRTEEN FULL-TIME, PERMANENT EMPLOYEES. IN FURTHERANCE  OF
 AND  WITHOUT  LIMITING  THE  FOREGOING,  THE LICENSEE FOR THE COMMERCIAL
 GAMING FACILITY LOCATED IN ZONE TWO,  REGION  ONE  PURSUANT  TO  SECTION
 THIRTEEN  HUNDRED  TEN  OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
 LAW (OR ANY SUCCESSOR COMMERCIAL GAMING FACILITY LOCATED IN SUCH REGION)
 SHALL NOT CONDUCT ANY MASS, INVOLUNTARY LAYOFF EVENTS THAT WOULD TRIGGER
 WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN)  ACT  NOTIFICATIONS
 PURSUANT  TO  ARTICLE TWENTY-FIVE-A OF THE LABOR LAW OR OTHERWISE RESULT
 IN THE EMPLOYMENT LEVELS AT SUCH FACILITY DROPPING BELOW LEVELS MANDATED
 BY THIS SECTION. FOR PURPOSES OF  THIS  SECTION,  "FULL-TIME,  PERMANENT
 EMPLOYEE"  SHALL  MEAN  AN EMPLOYEE WHO HAS WORKED AT THE FACILITY FOR A

 S. 6525--B                          4

 MINIMUM OF THIRTY-FIVE HOURS PER WEEK FOR NOT LESS THAN FOUR CONSECUTIVE
 WEEKS AND WHO IS ENTITLED TO RECEIVE  THE  USUAL  AND  CUSTOMARY  FRINGE
 BENEFITS EXTENDED TO OTHER EMPLOYEES WITH COMPARABLE RANK AND DUTIES; OR
 TWO  PART-TIME  EMPLOYEES WHO HAVE WORKED AT THE FACILITY FOR A COMBINED
 MINIMUM OF THIRTY-FIVE HOURS PER WEEK FOR NOT LESS THAN FOUR CONSECUTIVE
 WEEKS AND WHO ARE ENTITLED TO RECEIVE THE  USUAL  AND  CUSTOMARY  FRINGE
 BENEFITS EXTENDED TO OTHER EMPLOYEES WITH COMPARABLE RANK AND DUTIES.
   (7)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS A
 CONDITION OF THE LICENSE TO OPERATE  A  VIDEO  LOTTERY  GAMING  FACILITY
 LOCATED  IN  THE TOWN OF WOODBURY, COUNTY OF ORANGE, SUCH OPERATOR SHALL
 MAINTAIN ASSISTANCE PAYMENTS MADE PURSUANT TO  SECTION  FIFTY-FOUR-L  OF
 THE STATE FINANCE LAW TO THE VILLAGE OF MONTICELLO, SULLIVAN COUNTY, THE
 TOWN  OF  THOMPSON,  SULLIVAN COUNTY, AND SULLIVAN COUNTY. PAYMENTS MADE
 PURSUANT TO THIS PARAGRAPH SHALL BE MADE QUARTERLY AT  THE  SAME  DOLLAR
 LEVEL  REALIZED  BY  SUCH MUNICIPALITIES IN TWO THOUSAND EIGHTEEN, TO BE
 ADJUSTED ANNUALLY PURSUANT TO CHANGES IN THE CONSUMER  PRICE  INDEX  FOR
 ALL  URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPART-
 MENT OF LABOR BUREAU OF LABOR STATISTICS.   AS AN  ADDITIONAL  CONDITION
 FOR  SUCH  LICENSE,  SUCH  OPERATOR  SHALL MAINTAIN ADDITIONAL QUARTERLY
 ASSISTANCE PAYMENTS TO SULLIVAN COUNTY IN ANNUALIZED  AMOUNTS  EQUAL  TO
 THE  SALES  TAXES  PAID TO SUCH COUNTY BY THE OPERATOR OF THE COMMERCIAL
 GAMING FACILITY LOCATED IN ZONE TWO,  REGION  ONE  PURSUANT  TO  SECTION
 THIRTEEN  HUNDRED  TEN  OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
 LAW (OR ANY SUCCESSOR COMMERCIAL GAMING FACILITY LOCATED IN SAID REGION)
 IN THE YEAR TWO THOUSAND EIGHTEEN, TO BE ADJUSTED ANNUALLY  PURSUANT  TO
 CHANGES  IN  THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN  CONSUMERS, AS
 PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF  LABOR  BUREAU  OF
 LABOR STATISTICS.
   (8)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
 LICENSE SHALL BE GRANTED TO OPERATE A VIDEO GAMING FACILITY  LOCATED  IN
 THE  TOWN  OF  WOODBURY,  COUNTY  OF ORANGE, PRIOR TO THE EXECUTION OF A
 MEMORANDUM OF UNDERSTANDING BETWEEN SUCH  OPERATOR  AND  THE  COUNTY  OF
 SULLIVAN,  WHICH  SHALL  BE  APPROVED  BY PASSAGE OF A RESOLUTION OF THE
 SULLIVAN COUNTY LEGISLATURE.  SUCH  MEMORANDUM  OF  UNDERSTANDING  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED  TO,  TERMS  THAT PROVIDE FOR A ONE-TIME
 PAYMENT IN THE AMOUNT OF ONE MILLION DOLLARS FROM SUCH OPERATOR  TO  THE
 COUNTY OF SULLIVAN, IN ADDITION TO ANY OTHER TERMS.
   §  5. Section 54-l of the state finance law is amended by adding a new
 subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ALL
 MUNICIPALITIES WITHIN WHICH THE FACILITY REFERENCED IN PARAGRAPH FIVE OF
 SUBDIVISION  A  OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW IS
 LOCATED, SHALL BE ELIGIBLE FOR STATE ASSISTANCE TO ELIGIBLE  CITIES  AND
 ELIGIBLE  MUNICIPALITIES  PURSUANT  TO  THIS SECTION; PROVIDED, HOWEVER,
 THAT IF SUCH FACILITY IS LOCATED WITHIN  THE  GEOGRAPHIC  BOUNDARIES  OF
 MORE  THAN  ONE VILLAGE, EACH SUCH VILLAGE SHALL RECEIVE AN EQUAL AMOUNT
 OF STATE ASSISTANCE PURSUANT TO THIS SECTION.  STATE ASSISTANCE  AWARDED
 TO  SUCH  CITIES AND MUNICIPALITIES SHALL NOT BE LESS THAN THREE MILLION
 DOLLARS PER AWARD REGARDLESS OF THE NUMBER OF  SUCH  CITIES  OR  MUNICI-
 PALITIES RECEIVING SUCH AWARD.
   §  6.  This act shall take effect immediately; provided, however, that
 no video lottery gaming may be conducted at any facility  within  Orange
 county unless and until the mitigation agreement required by this act is
 executed by all parties and approved by the gaming commission.

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Senate Bill S6525B

Sponsored By

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

Jun 19, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2019

Bill Amendments

co-Sponsors

2019-S6525 - Details

2019-S6525 - Summary

2019-S6525 - Sponsor Memo

2019-S6525 - Bill Text download pdf

co-Sponsors

2019-S6525A - Details

2019-S6525A - Summary

2019-S6525A - Sponsor Memo

2019-S6525A - Bill Text download pdf

co-Sponsors

2019-S6525B (ACTIVE) - Details

2019-S6525B (ACTIVE) - Summary

2019-S6525B (ACTIVE) - Sponsor Memo

2019-S6525B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6525B

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Sponsored By

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

Bill Amendments

co-Sponsors

2019-S6525 - Details

2019-S6525 - Summary

2019-S6525 - Sponsor Memo

2019-S6525 - Bill Text download pdf

co-Sponsors

2019-S6525A - Details

2019-S6525A - Summary

2019-S6525A - Sponsor Memo

2019-S6525A - Bill Text download pdf

co-Sponsors

2019-S6525B (ACTIVE) - Details

2019-S6525B (ACTIVE) - Summary

2019-S6525B (ACTIVE) - Sponsor Memo

2019-S6525B (ACTIVE) - Bill Text download pdf

Comments