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S02609 Summary:

Amd §1351, RWB L; amd §1612, Tax L
Relates to limits on the slot machine tax rate, and to disposition of gaming revenues at a vendor track located within Oneida county within fifteen miles of a Native American class III gaming facility.
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S02609 Memo:

Memo not available
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S02609 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 23, 2023
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Racing, Gaming and  Wager-
        AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law and
          the tax law, in relation to taxes on gaming revenues

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph 2 of paragraph (b) of subdivision 1 of section
     2  1351 of the racing, pari-mutuel wagering and breeding law, as amended by
     3  section  1  of part OOO of chapter 59 of the laws of 2021, is amended to
     4  read as follows:
     5    (2) The commission shall report their recommendation solely  based  on
     6  the  criteria listed in subparagraph one of this paragraph to the direc-
     7  tor of the division of budget who will make a final approval;  provided,
     8  if  the  director does not grant a lower slot machine tax rate, the slot
     9  machine tax rate shall be five percentage points less for such  facility
    10  than provided in paragraph (a) of this subdivision.
    11    §  2. Subparagraph (i) of paragraph 1 of subdivision b of section 1612
    12  of the tax law, as amended by section 1 of part R of chapter 39  of  the
    13  laws of 2019, is amended to read as follows:
    14    (i)  less  ten  percent  of the total revenue wagered after payout for
    15  prizes to be retained by the division for operation, administration, and
    16  procurement purposes, provided, however, a vendor track  located  within
    17  Oneida  county,  within  fifteen  miles  of  a Native American class III
    18  gaming facility, that has maintained, or can demonstrate to  the  satis-
    19  faction  of the gaming commission that reasonable efforts have been made
    20  to maintain, at least ninety percent of full-time  equivalent  employees
    21  as they employed in the year two thousand sixteen, may, for each quarter
    22  this  subparagraph  is effective, withhold up to seventy-five percent of
    23  such funds for operational expenses provided such vendor track has filed
    24  an affirmation with the gaming commission  certifying  that  this  addi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2609                             2
     1  tional  amount  is  necessary  to  raise  revenues  to the same level as
     2  expenses during the previous quarter;
     3    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
     4  sion,  section  or  part  of  this act shall be adjudged by any court of
     5  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     6  impair,  or  invalidate  the remainder thereof, but shall be confined in
     7  its operation to the clause, sentence, paragraph,  subdivision,  section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered. It is hereby declared to be the intent of
    10  the  legislature  that  this  act  would  have been enacted even if such
    11  invalid provisions had not been included herein.
    12    § 4. This act shall take effect immediately; provided that the  amend-
    13  ments  to subdivision 1 of section 1351 of the racing, pari-mutel wager-
    14  ing and breeding law made by section one of this act shall be subject to
    15  the expiration and reversion of such subdivision, and shall  expire  and
    16  be deemed repealed therewith; and provided, further, that the amendments
    17  to  subparagraph  (i) of paragraph 1 of subdivision b of section 1612 of
    18  the tax law made by section two of this act  shall  be  subject  to  the
    19  expiration  and  reversion of such subparagraph pursuant to section 3 of
    20  part I of chapter 61 of the laws of 2017, as amended, and  shall  expire
    21  and be deemed repealed therewith.
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