Reformulates provisions in the tax law relating to the disposition of lottery revenues to require that a higher percentage of all revenues collected in each of the various lottery games is deposited into the state lottery fund provided in section 92-c of the state finance law.
STATE OF NEW YORK
________________________________________________________________________
8921
IN ASSEMBLY(Prefiled)
January 4, 2012
___________
Introduced by M. of A. GALEF, PAULIN -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to the lottery game of Quick
Draw, and the disposition of lottery revenues
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs 1, 2 and 3 of subdivision a of section 1612 of
2 the tax law, paragraph 1 as amended by chapter 147 of the laws of 2010,
3 paragraph 2 as amended by section 1 of part P of chapter 61 of the laws
4 of 2011 and paragraph 3 as amended by section 1 of part Q of chapter 61
5 of the laws of 2011, are amended to read as follows:
6 (1) [sixty] forty percent of the total amount for which tickets have
7 been sold for a lawful lottery game introduced on or after the effective
8 date of this paragraph, subject to the following provisions:
9 (A) such game shall be available only on premises occupied by licensed
10 lottery sales agents, subject to the following provisions:
11 (i) if the licensee holds a license issued pursuant to the alcoholic
12 beverage control law to sell alcoholic beverages for consumption on the
13 premises, then not less than twenty-five percent of the gross sales must
14 result from sales of food;
15 (ii) if the licensee does not hold a license issued pursuant to the
16 alcoholic beverage control law to sell alcoholic beverages for consump-
17 tion on the premises, then the premises must have a minimum square
18 footage greater than two thousand five hundred square feet;
19 (iii) notwithstanding the foregoing provisions, television equipment
20 that automatically displays the results of such drawings may be
21 installed and used without regard to the percentage of food sales or the
22 square footage if such premises are used as:
23 (I) a commercial bowling establishment, or
24 (II) a facility authorized under the racing, pari-mutuel wagering and
25 breeding law to accept pari-mutuel wagers;
26 (B) the rules for the operation of such game shall be as prescribed by
27 regulations promulgated and adopted by the division, provided however,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13638-01-1
A. 8921 2
1 that such rules shall provide that no person under the age of twenty-one
2 may participate in such games on the premises of a licensee who holds a
3 license issued pursuant to the alcoholic beverage control law to sell
4 alcoholic beverages for consumption on the premises; and, provided,
5 further, that such regulations may be revised on an emergency basis not
6 later than ninety days after the enactment of this paragraph in order to
7 conform such regulations to the requirements of this paragraph; or
8 (2) [sixty-five] forty percent of the total amount for which tickets
9 have been sold for the "Instant Cash" game in which the participant
10 purchases a preprinted ticket on which dollar amounts or symbols are
11 concealed on the face or the back of such ticket, provided however up to
12 five new games may be offered during the fiscal year, seventy-five
13 percent of the total amount for which tickets have been sold for such
14 five games in which the participant purchases a preprinted ticket on
15 which dollar amounts or symbols are concealed on the face or the back of
16 such ticket; or
17 (3) [fifty-five] forty percent of the total amount for which tickets
18 have been sold for any joint, multi-jurisdiction, and out-of-state
19 lottery except as otherwise provided in paragraph one of subdivision b
20 of this section for any joint, multi-jurisdiction, out-of-state video
21 lottery gaming; or
22 § 2. The opening paragraph of paragraph 1 of subdivision b of section
23 1612 of the tax law, as amended by section 1 of part R of chapter 61 of
24 the laws of 2011, is amended to read as follows:
25 Notwithstanding section one hundred twenty-one of the state finance
26 law, on or before the twentieth day of each month, the division shall
27 pay into the state treasury, to the credit of the state lottery fund
28 created by section ninety-two-c of the state finance law, not less than
29 forty-five percent of the total amount for which tickets have been sold
30 for games defined in paragraph four of subdivision a of this section
31 during the preceding month, not less than [thirty-five] forty-five
32 percent of the total amount for which tickets have been sold for games
33 defined in paragraph three of subdivision a of this section during the
34 preceding month, not less than [twenty] forty-five percent of the total
35 amount for which tickets have been sold for games defined in paragraph
36 two of subdivision a of this section during the preceding month,
37 provided however that for games with a prize payout of seventy-five
38 percent of the total amount for which tickets have been sold, the divi-
39 sion shall pay not less than ten percent of sales into the state treas-
40 ury and not less than [twenty-five] forty-five percent of the total
41 amount for which tickets have been sold for games defined in paragraph
42 one of subdivision a of this section during the preceding month; and the
43 balance of the total revenue after payout for prizes for games known as
44 "video lottery gaming," including any joint, multi-jurisdiction, and
45 out-of-state video lottery gaming,
46 § 3. This act shall take effect on the first of January next succeed-
47 ing the date upon which it shall have become a law.
