2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 13 - Destination Resort Gaming › Title 6 - Taxation and Fees › 1352 - Commercial Gaming Revenue Fund.

§  1352.  Commercial  gaming revenue fund. 1. (a) The commission shall
pay into an account, to be known as the commercial gaming  revenue  fund
as  established  pursuant  to  section  ninety-seven-nnnn  of  the state
finance law,  under  the  joint  custody  of  the  comptroller  and  the
commissioner of taxation and finance, all taxes and fees imposed by this
article  paid  by  a  gaming  facility  licensed under title two of this
article or title two-A of this article  located  within  zone  two;  any
interest  and  penalties  imposed  by  the  commission relating to those
taxes; the appropriate percentage of the value of expired gaming related
obligations; all penalties levied and collected by the  commission;  and
the appropriate funds, cash or prizes forfeited from gambling activity.
(b)  For  any  gaming facility that does not qualify under subdivision
two of  section  thirteen  hundred  twenty-one-a  of  this  article,  is
licensed  under  title  two-A of this article, and is located within New
York City, revenues shall be distributed in the following manner:
(i) fifty percent of the  taxes  imposed  by  this  article,  and  any
interest and penalties imposed by the commission relating to those taxes
shall  be  deposited to a sole custody fund established under the gaming
commission, and paid monthly, without  appropriation,  directly  to  the
metropolitan  transportation  authority  commercial  gaming revenue fund
established under section one thousand  two  hundred  seventy-j  of  the
public authorities law; and
(ii)  fifty  percent  of  the  taxes  imposed by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited into the commercial gaming revenue  fund  established
under  section  ninety-seven-nnnn  of  the  state  finance  law  by  the
commission and shall be appropriated or transferred only for  elementary
and secondary education or real property tax relief.
(c)  For  any  gaming facility that does not qualify under subdivision
two of  section  thirteen  hundred  twenty-one-a  of  this  article,  is
licensed  under title two-A of this article, and located within zone one
but not located within New York City, revenues shall be  distributed  in
the following manner:
(i)  forty  percent  of  the  taxes  imposed  by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited to a sole custody fund established under  the  gaming
commission,  and  paid  monthly,  without appropriation, directly to the
metropolitan transportation authority  commercial  gaming  revenue  fund
established  under  section  one  thousand  two hundred seventy-j of the
public authorities law;
(ii) forty percent of the taxes  imposed  by  this  article,  and  any
interest and penalties imposed by the commission relating to those taxes
shall  be  deposited into the commercial gaming revenue fund established
under  section  ninety-seven-nnnn  of  the  state  finance  law  by  the
commission  and shall be appropriated or transferred only for elementary
and secondary education or real property tax relief from the  commercial
gaming revenue fund;
(iii)  five  percent  of  the  taxes  imposed by this article, and any
interest and penalties imposed  by  the  commission  relating  to  those
taxes,  shall  be  deposited  into  the  commercial  gaming revenue fund
established under section ninety-seven-nnnn of the state finance law  by
the commission and shall be allocated to the host county for the purpose
of real property tax relief or for education assistance;
(iv)  ten  percent  of  the  taxes  imposed  by  this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited into the commercial gaming revenue  fund  established
under  section  ninety-seven-nnnn  of  the  state  finance  law  by  the

commission and shall be allocated  to  the  host  municipality  for  the
purpose of real property tax relief or education assistance; and
(v)  five  percent  of  the  taxes  imposed  by  this article, and any
interest and penalties imposed  by  the  commission  relating  to  those
taxes,  shall  be  deposited  into  the  commercial  gaming revenue fund
established under section ninety-seven-nnnn of the state finance law  by
the  commission and shall be allocated among counties within the region,
as defined by section one thousand three hundred ten  of  this  article,
for  the  purpose  of  real property tax relief or education assistance.
Such distribution from the commercial gaming  revenue  fund  established
under  section  ninety-seven-nnnn of the state finance law shall be made
among the counties on a per capita basis, subtracting the population  of
host municipality and county.
(d)  For  any  gaming facility that qualifies under subdivision two of
section thirteen hundred twenty-one-a of this article, is licensed under
title two-A of this article, and is located  within  zone  one  but  not
located  within  New  York  City,  revenues  shall be distributed in the
following manner:
(i) Eighty percent of all deposits in a state  fiscal  year  resulting
from  taxes  imposed  by  this  article,  and any interest and penalties
imposed by the commission relating to those taxes shall be  directed  to
the  commercial gaming revenue fund until the total of such deposits for
the state fiscal year is  equal  to  the  education  aid  hold  harmless
amount.    The  education aid hold harmless amount shall be equal to the
greater of (A) the revenue received from the facility for education  aid
deposits  into the state lottery fund as a video lottery gaming licensee
pursuant to section sixteen hundred seventeen-a of the tax law  for  the
twelve  months  immediately  preceding  the  date on which such facility
began operations as a commercial casino pursuant to title two-A of  this
article, or (B) the revenue received from the facility for education aid
deposits  into the state lottery fund as a video lottery gaming licensee
pursuant to section sixteen hundred seventeen-a of the tax law for state
fiscal year two thousand twenty-two. For the first fiscal year of gaming
facility operations, the hold harmless amount shall reflect  a  pro-rata
amount based on the opening date of the gaming facility. Notwithstanding
section  ninety-seven-nnnn  of the state finance law, such deposits into
the commercial gaming revenue fund shall be  available  exclusively  for
elementary and secondary education. Should these deposits resulting from
taxes  imposed pursuant to subdivision one-a of section thirteen hundred
fifty-one of this article on  the  operations  of  a  qualifying  gaming
facility at the conclusion of a given state fiscal year be less than the
total  required  under  this paragraph, such gaming facility shall remit
the necessary payment accounting for the difference  to  the  commission
for  deposit  into  the commercial gaming revenue fund no later than the
next occurring May first.
(ii) Twenty percent of all deposits in a state fiscal  year  resulting
from  taxes  imposed  by  this  article,  and any interest and penalties
imposed by the commission relating to those taxes, shall be  distributed
in  the  same  manner as subparagraphs (iii), (iv), and (v) of paragraph
(c) of this subdivision.
(iii)  Once  the  deposits  from  a  qualifying  gaming  facility   as
prescribed  in  subparagraph  (i) of this paragraph exceed the education
aid hold harmless amount as  determined  in  subparagraph  (i)  of  this
paragraph in a given state fiscal year, eighty percent of all subsequent
deposits  in  such state fiscal year from taxes imposed by this article,
and any interest and penalties imposed by  the  commission  relating  to
those  taxes shall be deposited to a sole custody fund established under
the gaming commission, and paid monthly, without appropriation, directly

to the metropolitan transportation authority commercial  gaming  revenue
fund established under section one thousand two hundred seventy-j of the
public  authorities  law and the remaining twenty percent shall continue
to  be  distributed in the same manner as subparagraphs (iii), (iv), and
(v) of paragraph (c) of this subdivision; provided  however,  that  once
the  dollar  amount  paid  directly  to  the metropolitan transportation
authority commercial gaming revenue fund established under  section  one
thousand two hundred seventy-j of the public authorities law matches the
same  dollar  amount  paid  pursuant  to the education aid hold harmless
amount as determined in subparagraph (i) of this paragraph  in  a  given
state  fiscal year, twenty percent of any excess dollar amounts shall be
distributed in the same manner as subparagraphs (iii), (iv), and (v)  of
paragraph  (c)  of  this subdivision, forty percent of any excess dollar
amounts shall be deposited to a sole custody fund established under  the
gaming  commission, and paid monthly, without appropriation, directly to
the metropolitan transportation authority commercial gaming revenue fund
established under section one thousand  two  hundred  seventy-j  of  the
public  authorities  law, and forty percent of any excess dollar amounts
shall be deposited by the commission into the commercial gaming  revenue
fund  established  under  section ninety-seven-nnnn of the state finance
law for the sole purposes of education aid.
(e) For any gaming facility that qualifies under  subdivision  two  of
section thirteen hundred twenty-one-a of this article, is licensed under
title  two-A  of  this  article,  and  is  located within New York City,
revenues shall be distributed in the following manner:
(i) Eighty percent of all deposits in a state  fiscal  year  resulting
from  taxes  imposed  by  this  article,  and any interest and penalties
imposed by the commission relating to those taxes, shall be deposited in
the same manner  as  in  subparagraph  (i)  of  paragraph  (d)  of  this
subdivision.  For  the  first fiscal year of gaming facility operations,
the hold harmless amount shall reflect a pro-rata amount  based  on  the
opening date of the gaming facility.
(ii)  Twenty  percent of all deposits in a state fiscal year resulting
from taxes imposed by this  article,  and  any  interest  and  penalties
imposed by the commission relating to those taxes, shall be deposited to
a  sole  custody  fund established under the gaming commission, and paid
monthly,   without   appropriation,   directly   to   the   metropolitan
transportation  authority  commercial  gaming  revenue  fund established
under  section  one  thousand  two  hundred  seventy-j  of  the   public
authorities  law until the applicable education aid hold harmless amount
as prescribed in subparagraph (i) of paragraph (d) of  this  subdivision
has been met.
(iii)   Once  the  deposits  from  a  qualifying  gaming  facility  as
prescribed in subparagraph (i) of this paragraph  exceed  the  education
aid  hold harmless amount as determined in subparagraph (i) of paragraph
(d) of this subdivision in a given state  fiscal  year,  all  subsequent
deposits  in  such state fiscal year from taxes imposed by this article,
and any interest and penalties imposed by  the  commission  relating  to
those taxes, shall be deposited to a sole custody fund established under
the gaming commission, and paid monthly, without appropriation, directly
to  the  metropolitan transportation authority commercial gaming revenue
fund established under section one thousand two hundred seventy-j of the
public authorities law; provided however, that once  the  dollar  amount
paid  directly  to  the metropolitan transportation authority commercial
gaming revenue fund established under section one thousand  two  hundred
seventy-j  of  the public authorities law matches the same dollar amount
paid pursuant to the education aid hold harmless amount as determined in
subparagraph (i) of paragraph (d) of this subdivision in a  given  state

fiscal  year,  fifty  percent  of  any  excess  dollar  amounts shall be
deposited  to  a  sole  custody  fund  established  under   the   gaming
commission,  and  paid  monthly,  without appropriation, directly to the
metropolitan  transportation  authority  commercial  gaming revenue fund
established under section one thousand  two  hundred  seventy-j  of  the
public  authorities  law, and fifty percent of any excess dollar amounts
shall be deposited by the commission into the commercial gaming  revenue
fund  established  under  section ninety-seven-nnnn of the state finance
law for the sole purposes of education aid.
(f) For a municipality that was appropriated  video  lottery  terminal
aid   in   the  year  two  thousand  twenty-three  pursuant  to  section
fifty-four-l of the state finance  law,  the  gaming  facility  licensed
under  title  two-A  of  this  article that was previously authorized to
operate video lottery  gaming  pursuant  to  section  one  thousand  six
hundred  seventeen-a  of the tax law must hold the municipality harmless
so that the host municipality does not receive less money in  any  state
fiscal  year  under the provisions of subparagraph (ii) of paragraph (d)
of this subdivision than such host municipality received in annual video
lottery  terminal  aid  in  the  year  two  thousand  twenty-three.  The
provisions  of  this  paragraph  shall  apply as of the first full state
fiscal year in which video lottery terminal aid is not received  by  the
municipality and gaming facility operations have commenced.
2.  The  commission  shall  require  at  least monthly deposits by the
licensee of any payments pursuant to section one thousand three  hundred
fifty-one  of this article, at such times, under such conditions, and in
such depositories as shall be prescribed by the state  comptroller.  The
deposits  shall  be  deposited  to  the  credit of the commercial gaming
revenue fund as established by section ninety-seven-nnnn  of  the  state
finance  law  or to the metropolitan transportation authority commercial
gaming revenue fund established under section one thousand  two  hundred
seventy-j  of  the public authorities law, according to the requirements
of subdivision one of this section. The commission may require a monthly
report and reconciliation statement to be filed with it on or before the
tenth day of each month, with respect to  gross  revenues  and  deposits
received and made, respectively, during the preceding month.