STATE OF NEW YORK ________________________________________________________________________ 8534 IN ASSEMBLY January 5, 2024 ___________ 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, in relation to the tax on gaming revenues in certain regions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 3 of paragraph (a) and the opening paragraph 2 of item (A) of clause (ii) of subparagraph 3 of paragraph (b) of subdi- 3 vision 1 of section 1351 of the racing, pari-mutuel wagering and breed- 4 ing law, as amended by a chapter of the laws of 2023 amending the 5 racing, pari-mutuel wagering and breeding law relating to the tax on 6 gaming revenues in certain regions, as proposed in legislative bills 7 numbers S. 4817-A and A. 6144-A, are amended to read as follows: 8 (3) in region five, thirty-seven percent of gross gaming revenue from 9 slot machines and ten percent of gross gaming revenue from all other 10 sources; provided however, that in the Tioga county portion of region 11 five, for the period of fiscal years two thousand twenty-four, two thou- 12 sand twenty-five, and two thousand twenty-six, during which both of the 13 following criteria are met (i) any facility's tax rate is adjusted by 14 the commission pursuant to paragraph (b) of this subdivision, and (ii) a 15 vendor track that is located within Oneida county, within fifteen miles 16 of a Native American class III gaming facility maintains at least seven- 17 ty percent of full-time equivalent employees as they employed in the 18 year two thousand sixteen, the tax rate on facilities located in the 19 Tioga county portion of region five shall be thirty percent of gross 20 gaming revenue from slot machines, and ten percent of gross gaming 21 revenue from all other sources[; and provided further, that any such]. 22 Any money realized from the decrease in their slot machine tax rate 23 shall only be used by the facility to offer childcare for employees, 24 food and beverage conversion, any other project or use that improves the 25 economic infrastructure of the facility, or for rehiring laid-off work- 26 ers, hiring new workers or retaining current workers at the facility. 27 The facility shall provide an initial report to the governor, the speak- 28 er of the assembly, the temporary president of the senate, and the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09068-05-4
A. 8534 2 1 commission detailing the projected use of funds resulting from such tax 2 adjustment and a plan that prescribes the manner in which the licensed 3 gaming facility receiving the reduction in its slot machine tax rate 4 will rebuild their economic infrastructure through the offering of 5 childcare for employees, food and beverage conversion, or any other 6 project or use that improves the economic infrastructure of the facili- 7 ty, or for rehiring [of] laid-off [employees] workers, hiring new work- 8 ers, or retaining current workers at the facility or the creation of new 9 jobs. Such plan shall also clearly establish quarterly and annual 10 employment goals of increasing full-time employees. The facility shall 11 be subject to the conditions set forth in clause (ii) of subparagraph 12 three of paragraph (b) of this subdivision. Such initial report and 13 accompanying plan shall be due ninety days after such reduction goes 14 into effect. Thereafter, an annual report shall be made to the governor, 15 the speaker of the assembly, the temporary president of the senate, and 16 the commission detailing actual use of the funds resulting from such tax 17 adjustment. Such report shall include, but not be limited to, any impact 18 on employment levels since receiving the funds, an accounting of the use 19 of such funds, any other measures implemented to improve the financial 20 stability of the gaming facility, and any other information as deemed 21 necessary by the commission. Such report shall be due no later than the 22 first day of the fourth quarter in each year such tax rate has been 23 granted. 24 At the conclusion of each year, a licensed gaming facility shall 25 provide an affirmation in writing to the commission stating the employ- 26 ment goal in clause (i) of this subparagraph or subparagraph three of 27 paragraph (a) of this subdivision, was either met or not met as 28 described in the initial report. If the licensed gaming facility is 29 found to have not adhered to the plan by the commission, then the appli- 30 cable slot tax rate shall be adjusted at the discretion of the commis- 31 sion as follows: 32 § 2. This act shall take effect on the same date and in the same 33 manner as a chapter of the laws of 2023 amending the racing, pari-mutuel 34 wagering and breeding law relating to the tax on gaming revenues in 35 certain regions, as proposed in legislative bills numbers S. 4817-A and 36 A. 6144-A, takes effect; provided, however, that the amendments to 37 subdivision 1 of section 1351 of the racing, pari-mutuel wagering and 38 breeding law made by section one of this act shall not affect the expi- 39 ration and reversion of such subdivision and shall expire and be deemed 40 repealed therewith.