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S04287 Summary:

S04287 Actions:

S04287 Committee Votes:

S04287 Floor Votes:

S04287 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4287--A
            Cal. No. 1270
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 8, 2017
                                       ___________
 
        Introduced  by Sens. BONACIC, MARCHIONE -- read twice and ordered print-
          ed, and when printed to be  committed  to  the  Committee  on  Racing,
          Gaming  and  Wagering  --  reported  favorably from said committee and
          committed to the Committee on Finance -- reported favorably from  said
          committee,  ordered  to  first  and  second  report, amended on second
          report, ordered to a third reading, and to be  reprinted  as  amended,
          retaining its place in the order of third reading
 
        AN  ACT  to  amend  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.  Clause (G) of subparagraph (ii) of paragraph 1 of subdivi-
     2  sion  b  of section 1612 of the tax law, as amended by section 2 of part
     3  HH of chapter 60 of the laws of 2016, is amended to read as follows:
     4    (G) Notwithstanding any provision to the contrary, when a vendor track
     5  is located within regions one, two, or five of development zone  two  as
     6  defined  by  section  thirteen  hundred  ten  of the racing, pari-mutuel
     7  wagering and breeding law, such vendor track shall receive an additional
     8  commission at a rate equal to the percentage of revenue wagered  at  the
     9  vendor  track  after  payout  for prizes pursuant to this chapter, which
    10  percentage shall be one hundred, less the sum of the percentages of  net
    11  revenue wagered at the vendor track retained by the commission for oper-
    12  ation,  administration,  and procurement purposes; and the vendor's fee,
    13  marketing allowance and capital award paid to the vendor track  pursuant
    14  to  this  chapter;  and  the effective tax rate paid on all gross gaming
    15  revenue paid by a gaming facility within the  same  region  pursuant  to
    16  section  thirteen  hundred fifty-one of the racing, pari-mutuel wagering
    17  and breeding law, provided, however, such additional commission shall be
    18  applied to revenue wagered at the vendor track after payout  for  prizes
    19  only  while a gaming facility in the same region is open and operational
    20  pursuant to an operation certificate issued pursuant to section thirteen
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09242-05-7
        S. 4287--A                          2
 
     1  hundred thirty-one of the racing, pari-mutuel wagering and breeding law.
     2  The additional commission set forth in this clause shall be paid to  the
     3  vendor  track  within  [sixty] fifteen days after the conclusion of each
     4  quarter  of  the  state  fiscal  year based on the calculated percentage
     5  during the previous quarter of the state fiscal year.
     6    § 2. Clause (G-2) of subparagraph (ii) of paragraph 1 of subdivision b
     7  of section 1612 of the tax law, as added by section  1  of  part  DD  of
     8  chapter 60 of the laws of 2016, is amended to read as follows:
     9    (G-2)  Notwithstanding  any  provision  to the contrary, when a vendor
    10  track is located within region six of development zone two as defined by
    11  section thirteen hundred ten of the  racing,  pari-mutuel  wagering  and
    12  breeding  law  and  is  located within Ontario county, such vendor track
    13  shall receive an additional commission at a rate equal to the percentage
    14  of revenue wagered at the vendor track after payout for prizes  pursuant
    15  to  this chapter, which percentage shall be one hundred, less the sum of
    16  the percentages of net revenue wagered at the vendor track  retained  by
    17  the  commission for operation, administration, and procurement purposes;
    18  and the vendor's fee, marketing allowance and capital award paid to  the
    19  vendor  track  pursuant to this chapter; and the effective tax rate paid
    20  on all gross gaming revenue paid by a gaming facility within  Seneca  or
    21  Wayne  counties  pursuant  to  section thirteen hundred fifty-one of the
    22  racing, pari-mutuel wagering and breeding law, provided,  however,  such
    23  additional  commission shall be applied to revenue wagered at the vendor
    24  track after payout for prizes only while a gaming facility in Seneca  or
    25  Wayne  counties is open and operational pursuant to an operation certif-
    26  icate issued pursuant to section  thirteen  hundred  thirty-one  of  the
    27  racing, pari-mutuel wagering and breeding law. The additional commission
    28  set  forth  in  this  clause  shall  be  paid to the vendor track within
    29  [sixty] fifteen days after the conclusion of each quarter of  the  state
    30  fiscal year based on the calculated percentage during the previous quar-
    31  ter of the state fiscal year.
    32    § 3. This act shall take effect immediately.