New York A 7401: Relates to video lottery gaming located in Orange county

Bill Text

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A07401 Summary:

BILL NOA07401 

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SAME ASNo Same As

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SPONSORPretlow

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COSPNSR

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MLTSPNSR

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Amd §§1612 & 1617-a, Tax L

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Relates to video lottery gaming located in Orange county.

Go to top A07401 Actions:

BILL NOA07401 

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03/25/2025referred to ways and means

01/07/2026referred to ways and means

Go to topA07401 Committee&nbspVotes:

Go to topA07401 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07401 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7401

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 25, 2025
 ___________

 Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
 tee on Ways and Means

 AN ACT to amend the tax law, in relation to video lottery gaming located
 in Orange county

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subclause 5 of clause (B) of subparagraph (ii) of paragraph
 2 1 of subdivision b of section 1612 of the tax law, as added by section 1
 3 of part S of chapter 39 of the laws of 2019, is amended to read as
 4 follows:
 5 (5) [forty-nine] thirty percent for a video lottery gaming facility
 6 authorized pursuant to paragraph five of subdivision a of section
 7 sixteen hundred seventeen-a of this article;
 8 § 2. Subdivision h of section 1612 of the tax law, as amended by
 9 section 3 of part S of chapter 39 of the laws of 2019, is amended to
 10 read as follows:
 11 h. As consideration for the operation of a video lottery gaming facil-
 12 ity located in Orange county, the division shall cause the investment in
 13 the racing industry at the following amount from the vendor fee to be
 14 paid as follows:
 15 As amount to the horsemen for purses at a licensed racetrack in Sulli-
 16 van county in an amount equal to eight and three-quarters percent of the
 17 total revenue wagered at [the] a video lottery gaming facility located
 18 in Orange county, after pay out for prizes. The facility located in
 19 Orange county, as defined in paragraph five of subdivision a of section
 20 sixteen hundred seventeen-a of this article shall pay to the horsemen at
 21 a licensed racetrack at Yonkers racetrack an amount to maintain purses
 22 for such horsemen at the same dollar levels realized in two thousand
 23 eighteen, to be adjusted by the consumer price index for all urban
 24 consumers, as published annually by the United States department of
 25 labor bureau of labor statistics. In addition, one and one-quarter

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10128-01-5

 A. 7401 2

 1 percent of total revenue wagered at [the] a video lottery gaming facili-
 2 ty located in Orange county after pay out for prizes, received pursuant
 3 to clause (B) of subparagraph (ii) of paragraph one of subdivision b of
 4 this section, shall be distributed to the appropriate breeding fund for
 5 [the manner of] racing conducted by [such track] a racetrack located in
 6 Sullivan county. In no circumstance shall net proceeds of the lottery,
 7 including the proceeds from video lottery gaming, be used for the
 8 payment of non-lottery expenses of the gaming commission, administrative
 9 or otherwise.
 10 § 3. Paragraphs 5 and 6 of subdivision a of section 1617-a of the tax
 11 law, as added by section 4 of part S of chapter 39 of the laws of 2019,
 12 are amended to read as follows:
 13 (5) At a facility located in Orange county to be operated by the enti-
 14 ty otherwise licensed to operate video lottery gaming at [Monticello] a
 15 racetrack in Sullivan county, provided that: (i) such licensed entity is
 16 no longer operating video lottery gaming at [Monticello] a racetrack
 17 located in Sullivan county and provided that [Monticello] the racetrack
 18 located in Sullivan county is conducting racing operations; (ii) such
 19 facility in Orange county is not sited within a thirty mile radius of
 20 the video lottery gaming facility at [Yonkers] a racetrack located in
 21 Westchester county; [and] (iii) the licensed entity, its subsidiaries
 22 and affiliates, including the entity licensed to operate a commercial
 23 gaming facility in Sullivan county, and Oran