2015 -- H 6267

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LC002800

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO AUTHORIZING AN AMENDMENT TO THE NEWPORT GRAND MASTER

VIDEO LOTTERY TERMINAL CONTRACT AND PARI-MUTUEL LICENSEES

     

     Introduced By: Representative Raymond E. Gallison

     Date Introduced: June 02, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Unless otherwise amended by this act, Chapter 151, Article 25 of the Public

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Laws of 2011, Chapter 289 of the Public Laws of 2012 or Chapter 145, Article 13 of the Public

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Laws of 2014, the terms, conditions, provisions and definitions of Chapter 16 of the Public Laws

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of 2010 are hereby incorporated by reference and shall remain in full force and effect.

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     SECTION 2. Chapter 16 of the Public Laws of 2010, entitled "An Act Relating to

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Authorizing the First Amendments to the Master Video Lottery Terminal Contracts," as amended,

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is hereby further amended as follows: Part B, Section 4(a)(i) is hereby amended to read as

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follows:

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     (i) to provide for a Newport Grand Term commencing on the effective date of the

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Newport Grand Master Contract and continuing through and including the fifth (5th) anniversary

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of such effective date; provided that Newport Grand shall have two (2) successive five (5) years

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extension options with the First Extension Term, as defined in the Newport Grand Master

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Contract, commencing on November 23, 2010 and the Second Extension Term, commencing on

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November 23, 2015. Except as otherwise provided herein in section 4(a)(vii), the exercise of the

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option to extend said Master Contract shall be subject to the terms and conditions of section 2.3

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of the Newport Grand Master Contract; provided however, section 2.3B of the Newport Grand's

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Master Contract shall be amended such that with respect to UTGR's Newport Grand's exercise of

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its option to extend for the Second Extension Term, Newport Grand shall be required to certify to

 

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the Division that (i) there are 180 one hundred (100) full-time equivalent employees at the

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Newport Grand facility on the date of the exercise of the option for the Second Extension Term;

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and (ii) for the one-year period preceding the date said Second Extension Term option is

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exercised, there had been 180 one hundred (100) full-time equivalent employees on average, as

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the term full-time equivalent employee is defined in section 2.3B of the Newport Grand Master

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Contract and as confirmed by the Rhode Island department of labor and training. In the event that

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Newport Grand is licensed to host video lottery games and table games at a facility relocated to a

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location outside the City of Newport and actually offers video lottery games and table games to

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patrons at such relocated facility, then Newport Grand shall, no later than the six (6) month

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anniversary of all such events occurring, certify to the Division that there are one hundred eighty

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(180) full-time equivalent employees at the relocated Newport Grand facility on such date, and in

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the event Newport Grand is unable to timely make the foregoing certification, the Newport Grand

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Master Contract shall automatically terminate as of the one year anniversary of all such events

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occurring.

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     SECTION 3. Authorized Procurement of Fourth Amendment to the Newport Grand

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Master Contract. Notwithstanding any provision of the general or Public Laws to the contrary, the

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Division is hereby expressly authorized and directed to enter into with Newport Grand a Fourth

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Amendment to the Newport Grand Master Contract to make the Newport Grand Master Contract

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consistent with the provisions of this act, as follows:

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     (a) To require that Newport Grand, in connection with exercising its option to extend for

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the Second Extension Term, certify to the Division that: (i) There are one hundred (100) full-time

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equivalent employees at the Newport Grand facility on the date of the exercise of the option for

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the Second Extension Term; and (ii) For the one-year period preceding the date said Second

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Extension Term option is exercised, there had been one hundred (100) full-time equivalent

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employees on average, as the term full-time equivalent employee is defined in section 2.3B of the

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Newport Grand Master Contract and as confirmed by the Rhode Island Department of Labor and

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Training. In the event that Newport Grand is licensed to host video lottery games and table games

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at a facility relocated to a location outside the City of Newport and actually offers video lottery

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games and table games to patrons at such relocated facility, then Newport Grand shall, no later

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than the six (6) month anniversary of all such events occurring, certify to the Division that there

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are one hundred eighty (180) full-time equivalent employees at the relocated Newport Grand

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facility on such date, and in the event Newport Grand is unable to timely make the foregoing

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certification, the Newport Grand Master Contract shall automatically terminate as of the one year

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anniversary of all such events occurring.

 

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     SECTION 4. Section 41-7-3 of the General Laws in Chapter 41-7 entitled "Jai Alai" is

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hereby amended to read as follows:

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     41-7-3. Regulation of operations -- Licensing. -- (a) The division of racing and athletics

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is hereby authorized to license jai alai in the city of Newport. The operation of a fronton shall be

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under the division's supervision. The division is hereby authorized to issue rules and regulations

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for the supervision of the operations.

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      (b) Any license granted under the provisions of this chapter shall be subject to the rules

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and regulations promulgated by the division and shall be subject to suspension or revocation for

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any cause which the division shall deem sufficient after giving the licensee a reasonable

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opportunity for a hearing at which he or she shall have the right to be represented by counsel. If

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any license is suspended or revoked, the division shall state the reasons for the suspension or

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revocation and cause an entry of the reasons to be made on the record books of the division.

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      (c) Commencing July 1, 2003, the division of racing and athletics shall be prohibited to

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license jai alai in the city of Newport. Any license having been issued and in effect as of that date

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shall be null and void and any licensee shall be prohibited from operating thereunder; provided,

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however, that any entity having been issued a license to operate a jai alai fronton prior to July 1,

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2003, and any successor in interest to such entity by reason of acquiring the stock or substantially

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all of the assets of such entity, shall be deemed a pari-mutuel licensee as defined in § 42-61.2-1 et

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seq., and a licensee as defined in § 41-11-1 et seq.

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     SECTION 5. Section 42-61.2-1 of the General Laws in Chapter 42-61.2 entitled "Video

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Lottery Terminal" is hereby amended to read as follows:

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     42-61.2-1. Definitions. -- For the purpose of this chapter, the following words shall

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mean:

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      (1) "Central communication system" means a system approved by the lottery division,

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linking all video lottery machines at a licensee location to provide auditing program information

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and any other information determined by the lottery. In addition, the central communications

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system must provide all computer hardware and related software necessary for the establishment

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and implementation of a comprehensive system as required by the division. The central

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communications licensee may provide a maximum of fifty percent (50%) of the video lottery

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terminals.

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      (2) "Licensed video lottery retailer" means a pari-mutuel licensee specifically licensed

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by the director subject to the approval of the division to become a licensed video lottery retailer.

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      (3) "Net terminal income" means currency placed into a video lottery terminal less

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credits redeemed for cash by players.

 

LC002800 - Page 3 of 12

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      (4) "Pari-mutuel licensee" means an entity licensed and authorized to conduct:

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      (i) Dog racing, pursuant to chapter 3.1 of title 41; and/or

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      (ii) Jai-alai games, pursuant to chapter 7 of title 41.

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      (5) "Technology provider" means any individual, partnership, corporation, or association

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that designs, manufactures, installs, maintains, distributes, or supplies video lottery machines or

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associated equipment for the sale or use in this state.

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      (6) "Video lottery games" means lottery games played on video lottery terminals

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controlled by the lottery division.

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      (7) "Video lottery terminal" means any electronic computerized video game machine

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that, upon the insertion of cash or any other representation of value that has been approved by the

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division of lotteries, is available to play a video game authorized by the lottery division, and that

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uses a video display and microprocessors in which, by chance, the player may receive free games

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or credits that can be redeemed for cash. The term does not include a machine that directly

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dispenses coins, cash, or tokens.

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      (8) "Casino gaming" means any and all table and casino-style games played with cards,

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dice, or equipment, for money, credit, or any representative of value; including, but not limited to,

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roulette, blackjack, big six, craps, poker, baccarat, paigow, any banking or percentage game, or

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any other game of device included within the definition of Class III gaming as that term is

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defined in Section 2703(8) of Title 25 of the United States Code and that is approved by the state

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through the division of state lottery.

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      (9) "Net table game revenue" means win from table games minus counterfeit currency.

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      (10) "Rake" means a set fee or percentage of cash and chips representing cash wagered

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in the playing of a nonbanking table game assessed by a table games retailer for providing the

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services of a dealer, gaming table or location, to allow the play of any nonbanking table game.

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      (11) "Table game" or "Table gaming" means that type of casino gaming in which table

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games are played for cash or chips representing cash, or any other representation of value that has

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been approved by the division of lotteries, using cards, dice, or equipment and conducted by one

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or more live persons.

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      (12) "Table game retailer" means a retailer authorized to conduct table gaming pursuant

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to §§ 42-61.2-2.1 and 42-61.2-2.2.

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      (13) "Credit facilitator" means any employee of Twin River approved in writing by the

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division whose responsibility is to, among other things, review applications for credit by players,

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verify information on credit applications, grant, deny and suspend credit, establish credit limits,

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increase and decrease credit limits, and maintain credit files, all in accordance with this chapter

 

LC002800 - Page 4 of 12

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and rules and regulations approved by the division.

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     (14) "Newport Grand" means Newport Grand, LLC, a Rhode Island limited liability

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company, successor to Newport Grand Jai Alai, LLC, and each permitted successor to and

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assignee of Newport Grand, LLC under the Newport Grand Master Contract, provided it is a pari-

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mutuel licensee as defined in § 42-61.2-1 et seq.; provided, however, where the context indicates

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that the term is referring to the physical facility, then it shall mean the gaming and entertainment

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facility located at 150 Admiral Kalbfus Road, Newport, Rhode Island.

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     (15) ''Newport Grand Marketing Year" means each fiscal year of the state or a portion

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thereof between November 23, 2010 and the termination date of the Newport Grand Master

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Contract.

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     (16) ''Newport Grand Master Contract" means that certain master video lottery terminal

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contract made as of November 23, 2005 by and between the Division of Lotteries of the Rhode

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Island Department of Administration and Newport Grand, as amended and extended from time to

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time as authorized therein and/or as such Newport Grand Master Contract may be assigned as

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permitted therein.

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     SECTION 6. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video

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Lottery Terminal" is hereby amended to read as follows:

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     42-61.2-7. Division of revenue. [Contingent effective date; see note.] -- (a)

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Notwithstanding the provisions of § 42-61-15, the allocation of net, terminal income derived from

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video lottery games is as follows:

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      (1) For deposit in the general fund and to the state lottery division fund for

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administrative purposes: Net, terminal income not otherwise disbursed in accordance with

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subdivisions (a)(2) -- (a)(6) inclusive;

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      (i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one

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percent (0.19%), up to a maximum of twenty million dollars ($20,000,000), shall be equally

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allocated to the distressed communities as defined in § 45-13-12 provided that no eligible

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community shall receive more than twenty-five percent (25%) of that community's currently

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enacted municipal budget as its share under this specific subsection. Distributions made under

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this specific subsection are supplemental to all other distributions made under any portion of

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general laws § 45-13-12. For the fiscal year ending June 30, 2008, distributions by community

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shall be identical to the distributions made in the fiscal year ending June 30, 2007, and shall be

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made from general appropriations. For the fiscal year ending June 30, 2009, the total state

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distribution shall be the same total amount distributed in the fiscal year ending June 30, 2008, and

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shall be made from general appropriations. For the fiscal year ending June 30, 2010, the total

 

LC002800 - Page 5 of 12

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state distribution shall be the same total amount distributed in the fiscal year ending June 30,

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2009, and shall be made from general appropriations, provided, however, that seven hundred

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eighty-four thousand four hundred fifty-eight dollars ($784,458) of the total appropriation shall

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be distributed equally to each qualifying distressed community. For each of the fiscal years

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ending June 30, 2011, June 30, 2012, and June 30, 2013, seven hundred eighty-four thousand four

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hundred fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to

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each qualifying distressed community.

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      (ii) Five one hundredths of one percent (0.05%), up to a maximum of five million dollars

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($5,000,000), shall be appropriated to property tax relief to fully fund the provisions of § 44-33-

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2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum

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amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit

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of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be

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less than the prior fiscal year.

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      (iii) One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1,

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entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum

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amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event

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shall the exemption in any fiscal year be less than the prior fiscal year.

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      (iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent

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(0.10%), to a maximum of ten million dollars ($10,000,000), for supplemental distribution to

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communities not included in subsection (a)(1)(i) above distributed proportionately on the basis of

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general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008,

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distributions by community shall be identical to the distributions made in the fiscal year ending

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June 30, 2007, and shall be made from general appropriations. For the fiscal year ending June 30,

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2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010, and thereafter,

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funding shall be determined by appropriation.

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      (2) To the licensed, video-lottery retailer:

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      (a) (i) Prior to the effective date of the NGJA Newport Grand Master Contract, Newport

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Jai Ali Grand twenty-six percent (26%), minus three hundred eighty-four thousand nine hundred

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ninety-six dollars ($384,996);

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      (ii) On and after the effective date of the NGJA Newport Grand Master Contract, to the

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licensed, video-lottery retailer who is a party to the NGJA Newport Grand Master Contract, all

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sums due and payable under said Master Contract, minus three hundred eighty four thousand nine

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hundred ninety-six dollars ($384,996).

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      (iii) (A) Effective July 1, 2013, the rate of net, terminal income payable to Newport

 

LC002800 - Page 6 of 12

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Grand, LLC under the Newport Grand master contract Master Contract shall increase by two and

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one quarter percent (2.25%) percentage points. (i.e., x% plus 2.25 percentage points equals (x +

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2.25)%, where "x%" is the current rate of net terminal income payable to Newport Grand). The

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dollar amount of additional net terminal income paid to Newport Grand with respect to any

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Newport Grand Marketing Year as a result of such increase in rate shall be referred to as

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"Additional Newport Grand Marketing NTI."

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     (B) The excess, if any, of Newport Grand's marketing expenditures with respect to a

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Newport Grand Marketing Year over one million four hundred thousand dollars ($1,400,000)

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shall be referred to as the "Newport Grand Marketing Incremental Spend." Beginning with the

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Newport Grand Marketing Year that starts on July 1, 2015, after the end of each Newport Grand

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Marketing Year, Newport Grand shall pay to the Division the amount, if any, by which the

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Additional Newport Grand Marketing NTI for such Newport Grand Marketing Year exceeds the

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Newport Grand Marketing Incremental Spend for such Newport Grand Marketing Year; provided

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however, that Newport Grand's liability to the Division hereunder with respect to any Newport

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Grand Marketing Year shall never exceed the Additional Newport Grand Marketing NTI paid to

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Newport Grand with respect to such Newport Grand Marketing Year.

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     (C) The increase herein in rate of net terminal income payable to Newport Grand

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provided for in subsection (a)(2)(a)(iii)(A) and the provisions of subsection (a)(2)(a)(iii)(B) shall

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sunset and expire on June 30, 2015 2017, and the rate in effect as of June 30, 2013, shall be

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reinstated.

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      (b) (i) Prior to the effective date of the UTGR master contract, to the present licensed,

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video-lottery retailer at Lincoln Park, which is not a party to the UTGR, master contract, twenty-

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eight and eighty-five one hundredths percent (28.85%), minus seven hundred sixty-seven

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thousand six hundred eighty-seven dollars ($767,687);

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      (ii) On and after the effective date of the UTGR master contract, to the licensed, video-

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lottery retailer that is a party to the UTGR master contract, all sums due and payable under said

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master contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars

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($767,687).

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      (3) (i) To the technology providers that are not a party to the GTECH Master Contract as

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set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net, terminal

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income of the provider's terminals; in addition thereto, technology providers that provide

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premium or licensed proprietary content or those games that have unique characteristics, such as

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3D graphics; unique math/game play features; or merchandising elements to video lottery

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terminals; may receive incremental compensation, either in the form of a daily fee or as an

 

LC002800 - Page 7 of 12

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increased percentage, if all of the following criteria are met:

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      (A) A licensed, video-lottery retailer has requested the placement of premium or licensed

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proprietary content at its licensed, video-lottery facility;

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      (B) The division of lottery has determined in its sole discretion that the request is likely

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to increase net, terminal income or is otherwise important to preserve or enhance the

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competiveness of the licensed, video-lottery retailer;

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      (C) After approval of the request by the division of lottery, the total number of premium

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or licensed, propriety-content video-lottery terminals does not exceed ten percent (10%) of the

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total number of video-lottery terminals authorized at the respective licensed, video-lottery

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retailer; and

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      (D) All incremental costs are shared between the division and the respective licensed,

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video-lottery retailer based upon their proportionate allocation of net terminal income. The

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division of lottery is hereby authorized to amend agreements with the licensed, video-lottery

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retailers, or the technology providers, as applicable, to effect the intent herein.

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      (ii) To contractors that are a party to the master contract as set forth and referenced in

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Public Law 2003, Chapter 32, all sums due and payable under said master contract; and

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      (iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted

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proportionately from the payments to technology providers the sum of six hundred twenty-eight

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thousand seven hundred thirty-seven dollars ($628,737).

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      (4) (A) To the city of Newport one and one hundredth percent (1.01%) of net terminal

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income of authorized machines at Newport Grand, except that:

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      (i) Effective November 9, 2009 until June 30, 2013, the allocation shall be one and two

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tenths percent (1.2%) of net terminal income of authorized machines at Newport Grand for each

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week the facility operates video lottery games on a twenty-four-hour (24) basis for all eligible

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hours authorized; and

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      (ii) Effective July 1, 2015, provided that both:

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      (I) The referendum measure authorizing casino gaming at Newport Grand is approved

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statewide and by the city of Newport at the statewide general election to be held in November of

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2014; and

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      (II) The proposed amendment to the Rhode Island Constitution requiring that prior to a

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change in location where casino gaming is permitted in any city or town, there must be a

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referendum in said city or town and approval by the majority of those electors voting in said

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referendum on said proposed change in location in said city or town, is approved statewide at the

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statewide general election to be held in November of 2014, then then the allocation shall be one

 

LC002800 - Page 8 of 12

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and forty-five hundredths percent (1.45%) of net terminal income of authorized video lottery

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terminals at Newport Grand.

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      (iii) If, effective July 1, 2015, the conditions established in subsections (4)(A)(ii)(I and

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II) are met, and the following conditions in subsections (4)(A)(iii)(I through III) are met:

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      (I) NGJA Newport Grand or its successor has made an investment of no less than forty

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million dollars ($40,000,000) exclusive of acquisition costs within three (3) years, and a

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certificate of completion and final approval from the city building inspector has been issued for

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the facility upgraded through this investment; and

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      (II) The number of video lottery terminals in operation is no fewer than those in

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operation as of January 1, 2014; and

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      (III) Table gaming has commenced in Newport;

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      Then in such event the allocation shall be the greater of one million dollars ($1,000,000),

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or one and forty-five hundredths percent (1.45%) of net terminal income of authorized video

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lottery terminals at Newport Grand, except that for six (6) consecutive, full-fiscal years

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immediately thereafter, the allocation shall be the greater of one million five hundred thousand

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dollars ($1,500,000), or one and forty-five hundredths percent (1.45%) of net-terminal income of

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authorized video lottery terminals at Newport Grand. Such minimum distribution shall be

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distributed in twelve (12) equal payments during the fiscal year.

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      (B) To the town of Lincoln one and twenty-six hundredths percent (1.26%) of net

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terminal income of authorized machines at Twin River except that;

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      (i) Effective November 9, 2009 until June 30, 2013, the allocation shall be one and forty-

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five hundredths percent (1.45%) of net terminal income of authorized machines at Twin River for

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each week video lottery games are offered on a twenty-four-hour (24) basis for all eligible hours

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authorized; and

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      (ii) Effective July 1, 2013, provided that the referendum measure authorized by Article

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25, Chapter 151, Section 4 of the Public Laws of 2011 is approved statewide and in the Town of

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Lincoln, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal

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income of authorized video lottery terminals at Twin River; and

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      (5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net

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terminal income of authorized machines at Lincoln Park, up to a maximum of ten million dollars

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($10,000,000) per year, that shall be paid to the Narragansett Indian Tribe for the account of a

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Tribal Development Fund to be used for the purpose of encouraging and promoting: home

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ownership and improvement; elderly housing; adult vocational training; health and social

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services; childcare; natural resource protection; and economic development consistent with state

 

LC002800 - Page 9 of 12

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law. Provided, however, such distribution shall terminate upon the opening of any gaming facility

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in which the Narragansett Indians are entitled to any payments or other incentives; and provided

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further, any monies distributed hereunder shall not be used for, or spent on, previously contracted

4

debts; and

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      (6) Unclaimed prizes and credits shall remit to the general fund of the state; and

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      (7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) shall

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be made on an estimated monthly basis. Payment shall be made on the tenth day following the

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close of the month except for the last month when payment shall be on the last business day.

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      (b) Notwithstanding the above, the amounts payable by the division to UTGR related to

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the marketing program shall be paid on a frequency agreed by the division, but no less frequently

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than annually.

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      (c) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

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is authorized to fund the marketing program as described above in regard to the first amendment

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to the UTGR master contract.

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      (d) Notwithstanding the above, the amounts payable by the division to Newport Grand

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related to the marketing program shall be paid on a frequency agreed by the division, but no less

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frequently than annually.

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      (e) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

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is authorized to fund the marketing program as described above in regard to the first amendment

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to the Newport Grand master contract.

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      (f) Notwithstanding the provisions of § 42-61-15, the allocation of net, table-game

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revenue derived from table-games at Twin River is as follows:

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      (1) For deposit into the state lottery fund for administrative purposes and then the

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balance remaining into the general fund:

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      (i) Sixteen percent (16%) of net, table-game revenue, except as provided in § 42-61.2-

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7(f)(1)(ii);

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      (ii) An additional two percent (2%) of net, table-game revenue generated at Twin River

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shall be allocated starting from the commencement of table games activities by such table-game

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retailer and ending, with respect to such table-game retailer, on the first date that such table-game

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retailer's net terminal income for a full state fiscal year is less than such table-game retailer's net

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terminal income for the prior state fiscal year, at which point this additional allocation to the state

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shall no longer apply to such table-game retailer.

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      (2) To UTGR, net, table-game revenue not otherwise disbursed pursuant to above

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subsection (f)(1); provided, however, on the first date that such table-game retailer's net terminal

 

LC002800 - Page 10 of 12

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income for a full state fiscal year is less than such table-game retailer's net terminal income for

2

the prior state fiscal year, as set forth in subsection (f)(1)(ii) above, one percent (1%) of this net,

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table-game revenue shall be allocated to the town of Lincoln for four (4), consecutive state fiscal

4

years.

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      (g) Notwithstanding the provisions of § 42-61-15, the allocation of net, table-game

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revenue derived from table games at Newport Grand is as follows:

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      (1) For deposit into the state lottery fund for administrative purposes and then the

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balance remaining into the general fund: eighteen percent (18%) of net, table-game revenue.

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      (2) [Deleted by P.L. 2014, ch. 436, § 1].

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     SECTION 7. This act shall take effect upon passage.

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LC002800

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AUTHORIZING AN AMENDMENT TO THE NEWPORT GRAND MASTER

VIDEO LOTTERY TERMINAL CONTRACT AND PARI-MUTUEL LICENSEES

***

1

     This act would: (a) Change the provisions in chapter 16 of the public laws of 2010 by

2

reducing the number of full-time equivalent employees that Newport Grand must certify it

3

employs and would authorize the Division of Lotteries to enter into an amendment to the Master

4

Contract to change such requirement; (b) Extend the sunset date on the 2.25% increase in net

5

terminal income payable to Newport Grand to June 30, 2017; and (c) Provide that any successor

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in interest to an entity that had been issued a license to operate a jai alai fronton prior to July 1,

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2003 shall be deemed a pari-mutuel licensee as defined in § 42-61.2-1.

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     This act would take effect upon passage.

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LC002800

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