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A01076 Summary:

A01076 Actions:

A01076 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1076A
 
SPONSOR: Gunther (MS)

 
TITLE OF BILL:  An act to amend the tax law, in relation to permitting
state lottery winners to remain anonymous to the general public
 
 
PURPOSE:
 
To protect the privacy of NYS lottery winners by limiting the disclosure
of identifying information of any holder of a winning ticket.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill amends subdivision a of section 1613 of the tax
law in relation to the disclosure of personal identifying information of
NYS lottery winners.
 
Section 2 of the bill is the effective date.
 
 

JUSTIFICATION:
 
In recent years, high jackpot lottery drawings seem to be more common.
The benefits of winning such a lottery are obvious and well known.
However, there are other consequences of being a "lucky" winner - espe-
cially when identifying information about the winner is publicly
disclosed. Lottery winners are besieged with requests. Sometimes the
requests are legitimate (e.g. charitable donation), sometimes they are
frivolous (e.g. speculative business ventures). Some requests are just
scams. Public disclosure of a lottery winner's identifying information
makes the winner vulnerable to this sort of activity. More importantly,
it can make the lottery winner a target of criminal activity. This can
include burglary, kidnapping, harassment, fraudulent lawsuits, etc.
 
Unfortunately, in today's economic climate, winning the lottery has
become the American Dream for some people. For those lucky enough to win

the lottery, protections should be in place to preserve their privacy
and well-being. By addressing this issue, this legislation will maintain
privacy and protect lottery winners from potential criminal activity.
 
 
LEGISLATIVE HISTORY:
 
2013-14: A2317A Held in Ways & Means/S1349 Referred to Racing, Gaming
and Wagering
2011-12: S7315 Referred to Racing, Gaming and Wagering
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
Immediately.

A01076 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1076--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2015
                                       ___________
 
        Introduced  by M. of A. GUNTHER, ZEBROWSKI, COOK, MILLER, RIVERA, TITUS,
          BROOK-KRASNY, CROUCH,  WALTER,  RAIA,  CORWIN,  MONTESANO,  McDONOUGH,
          LUPINACCI,  PERSAUD, GOTTFRIED, LINARES, ARROYO, HOOPER, STECK, MURRAY
          -- Multi-Sponsored by -- M. of  A.  DUPREY,  FRIEND,  HAWLEY,  KEARNS,
          MAGEE,  McKEVITT, McLAUGHLIN, SIMANOWITZ, STEC, TENNEY, TITONE -- read
          once and referred to the Committee on  Ways  and  Means  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the tax law, in relation to permitting state lottery
          winners to remain anonymous to the general public
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision a of section 1613 of the tax law, as amended by
     2  chapter 426 of the laws of 2006, is amended to read as follows:
     3    a.  It  shall  be  the duty of the director to require that all prizes
     4  over five thousand dollars in any game be awarded to holders of  winning
     5  tickets  for  that  game as provided in this section and section sixteen
     6  hundred fourteen of this article. Within one week after any  drawing  or
     7  selection  of  prize winning lottery tickets, the division shall deliver
     8  to the comptroller a certified list of the tickets to which  prizes  are
     9  awarded  and  the amount of each such prize. Upon receipt of such certi-
    10  fied list and voucher of the division, moneys sufficient for the payment
    11  of such prizes shall be paid to the  division  from  the  lottery  prize
    12  account,  upon  audit  and  warrant  of  the comptroller. Moneys for the
    13  payment of lottery prizes shall be deposited by the director as provided
    14  in section sixteen hundred eleven of this article and the withdrawal  of
    15  such moneys for the payment of prize winners shall be subject to a check
    16  signed  by the director or such officers or employees of the division as
    17  the director may designate. The division shall each  month  provide  the
    18  comptroller  with  a  record of all such withdrawals from the director's
    19  accounts. Payment of prizes shall be made by the division to holders  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02013-02-5
        A. 1076--A                          2
 
     1  the  tickets  to  which  prizes  are awarded, except that payment of any
     2  prize drawn may be paid to the estate of a deceased prize winner, may be
     3  paid pursuant to a court order granted as a result of  a  proceeding  as
     4  provided  in  subdivision  d of this section, and except that any person
     5  pursuant to an appropriate judicial order may be paid the prize to which
     6  the winner is entitled.  The division shall not  publicly  disclose  the
     7  name,  address  or  other  identifying  information  of  any holder of a
     8  winning ticket where a holder of a winning  ticket  provides  a  written
     9  request  to  the  division.  Any  winning ticket holder, however, may be
    10  required by the division to make himself  or  herself  available  for  a
    11  photograph  for  the  purposes of a press release in connection with the
    12  awarding, payment, or collection of prize moneys. The division shall  be
    13  discharged  of all further liability upon payment of a prize pursuant to
    14  this subdivision.
    15    § 2. This act shall take effect immediately.