STATE OF NEW YORK ________________________________________________________________________ 5994 2017-2018 Regular Sessions IN ASSEMBLY February 21, 2017 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Racing and Wagering AN ACT to amend the racing, pari-mutuel wagering and breeding law and the tax law, in relation to the payment of certain commissions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 104 of the racing, pari-mutuel wagering and breed- 2 ing law is amended by adding a new subdivision 24 to read as follows: 3 24. To adopt, amend and repeal a resolution providing for the payment 4 on a quarterly basis of the additional commissions payable to vendor 5 tracks located in regions one and two of development zone two as 6 provided for in clause (G) of subparagraph (ii) of paragraph one of 7 subdivision b of section sixteen hundred twelve of the tax law and 8 region six of development zone two as provided for in clause (G-2) of 9 subparagraph (ii) of paragraph one of section sixteen hundred twelve of 10 the tax law. 11 § 2. Clause (G) of subparagraph (ii) of paragraph 1 of subdivision b 12 of section 1612 of the tax law, as amended by section 2 of part HH of 13 chapter 60 of the laws of 2016, is amended to read as follows: 14 (G) Notwithstanding any provision to the contrary, when a vendor track 15 is located within regions one, two, or five of development zone two as 16 defined by section thirteen hundred ten of the racing, pari-mutuel 17 wagering and breeding law, such vendor track shall receive an additional 18 commission at a rate equal to the percentage of revenue wagered at the 19 vendor track after payout for prizes pursuant to this chapter, which 20 percentage shall be one hundred, less the sum of the percentages of net 21 revenue wagered at the vendor track retained by the commission for oper- 22 ation, administration, and procurement purposes; and the vendor's fee, 23 marketing allowance and capital award paid to the vendor track pursuant 24 to this chapter; and the effective tax rate paid on all gross gaming 25 revenue paid by a gaming facility within the same region pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09242-01-7

A. 5994 2 1 section thirteen hundred fifty-one of the racing, pari-mutuel wagering 2 and breeding law, provided, however, such additional commission shall be 3 applied to revenue wagered at the vendor track after payout for prizes 4 only while a gaming facility in the same region is open and operational 5 pursuant to an operation certificate issued pursuant to section thirteen 6 hundred thirty-one of the racing, pari-mutuel wagering and breeding law. 7 The additional commission set forth in this clause shall be paid to the 8 vendor track within sixty days after the conclusion of the state fiscal 9 year based on the calculated percentage during the previous fiscal year. 10 Notwithstanding the foregoing provisions of this clause, where the 11 gaming commission has made a determination and adopted a resolution 12 specifying that vendor tracks located within regions one and two of 13 development zone two as defined by section thirteen hundred ten of the 14 racing, pari-mutuel wagering and breeding law, should receive the addi- 15 tional commission provided for in this clause on a more timely basis, 16 such resolution shall immediately be delivered to the department and the 17 department shall take such action as is necessary to ensure that such 18 additional commission shall be paid to such vendor tracks within fifteen 19 days after the conclusion of each annual quarter based on the calculated 20 percentage during the previous annual quarter. At the conclusion of the 21 state fiscal year and prior to the payment of the additional commission 22 made to the track for the preceding fiscal quarter, the department shall 23 review the total additional commission made for the first three quarters 24 of the state fiscal year, and credit or debit the amount payable for the 25 fourth quarter as appropriate in determining that the proper amounts 26 have been paid. 27 § 3. Clause (G-2) of subparagraph (ii) of paragraph 1 of subdivision b 28 of section 1612 of the tax law, as added by section 1 of part DD of 29 chapter 60 of the laws of 2016, is amended to read as follows: 30 (G-2) Notwithstanding any provision to the contrary, when a vendor 31 track is located within region six of development zone two as defined by 32 section thirteen hundred ten of the racing, pari-mutuel wagering and 33 breeding law and is located within Ontario county, such vendor track 34 shall receive an additional commission at a rate equal to the percentage 35 of revenue wagered at the vendor track after payout for prizes pursuant 36 to this chapter, which percentage shall be one hundred, less the sum of 37 the percentages of net revenue wagered at the vendor track retained by 38 the commission for operation, administration, and procurement purposes; 39 and the vendor's fee, marketing allowance and capital award paid to the 40 vendor track pursuant to this chapter; and the effective tax rate paid 41 on all gross gaming revenue paid by a gaming facility within Seneca or 42 Wayne counties pursuant to section thirteen hundred fifty-one of the 43 racing, pari-mutuel wagering and breeding law, provided, however, such 44 additional commission shall be applied to revenue wagered at the vendor 45 track after payout for prizes only while a gaming facility in Seneca or 46 Wayne counties is open and operational pursuant to an operation certif- 47 icate issued pursuant to section thirteen hundred thirty-one of the 48 racing, pari-mutuel wagering and breeding law. The additional commission 49 set forth in this clause shall be paid to the vendor track within sixty 50 days after the conclusion of the state fiscal year based on the calcu- 51 lated percentage during the previous fiscal year. Notwithstanding the 52 foregoing provisions of this clause, where the gaming commission has 53 made a determination and adopted a resolution specifying that such 54 vendor track should receive the additional commission provided for in 55 this clause on a more timely basis, such resolution shall immediately be 56 delivered to the department and the department shall take such action as

A. 5994 3 1 is necessary to ensure that such additional commission shall be paid to 2 such vendor track within fifteen days after the conclusion of each annu- 3 al quarter based on the calculated percentage during the previous annual 4 quarter. At the conclusion of the state fiscal year and prior to the 5 payment of the additional commission made to the track for the preceding 6 fiscal quarter, the department shall review the total additional commis- 7 sion made for the first three quarters of the state fiscal year, and 8 credit or debit the amount payable for the fourth quarter as appropriate 9 in determining that the proper amounts have been paid. 10 § 4. This act shall take effect immediately, provided however that the 11 provisions of sections two and three of this act shall take effect on 12 the first day of the quarter of the state fiscal year next succeeding 13 the quarter of the state fiscal year during which the resolution 14 provided for in subdivision 24 of section 104 of the racing, pari-mutuel 15 wagering and breeding law, as added by section one of this act, is 16 adopted and transmitted.

Relates to the payment of certain commissions

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