DIAZ, HASSELL-THOMPSON, ONORATO, SAMPSON, SAVINO, SMITH
MLTSPNSR
Add S1621, Tax L; amd S97-yy, St Fin L
Creates the "Play for the Cure" breast cancer education lottery to fund breast cancer educational projects; provides for the creation of a special instant scratch off game; creates a separate account for the proceeds, which may be used only for breast cancer educational projects; the game shall be discontinued June 30, 2015.
STATE OF NEW YORK
________________________________________________________________________
1895
2009-2010 Regular Sessions
IN SENATE
February 9, 2009
___________
Introduced by Sens. KLEIN, DIAZ, HASSELL-THOMPSON, ONORATO, SAMPSON,
SAVINO, SMITH -- read twice and ordered printed, and when printed to
be committed to the Committee on Racing, Gaming and Wagering
AN ACT to amend the tax law and the state finance law, in relation to
creating the "Play for the Cure" breast cancer education lottery to
fund breast cancer education
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The tax law is amended by adding a new section 1621 to
2 read as follows:
3 § 1621. "Play for the Cure" breast cancer education lottery. a. The
4 division shall offer a special "Play for the Cure" breast cancer educa-
5 tion instant scratch-off game for which tickets shall be sold throughout
6 the state. Such game shall commence on February fifteenth, two thousand
7 nine or as soon thereafter, in the discretion of the director, as is
8 reasonably practicable, and shall be discontinued on June thirtieth, two
9 thousand fifteen. The operation of such game shall be governed by the
10 provisions of this article and any regulations adopted by the division.
11 If the provisions of this section are inconsistent with any other
12 provision of law, this section shall govern.
13 b. During any fiscal year of the state in which tickets are sold for
14 such game, the division shall not diminish unreasonably the efforts
15 devoted to marketing any other instant scratch-off lottery game.
16 c. Upon application, the division shall license any agency designated
17 by the chief executive officer of the city, town, or village in which it
18 is located as an agent to sell tickets in such game, provided, however,
19 that the location of any such licensee's marketing outlets shall be
20 subject to the director's approval, which shall not be withheld unrea-
21 sonably. The division also may license any partnership, corporation or
22 other business organization maintaining a place of business within the
23 state as an agent to sell tickets in such game. Nothing in this article
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05188-01-9
S. 1895 2
1 shall prevent persons from giving such tickets as premiums to customers,
2 employees or others with whom they deal.
3 d. No more than fifty percent of the total amount for which tickets
4 have been sold for such game shall be payable as lottery prizes.
5 e. Fifteen percent of the total amount for which tickets have been
6 sold for such game shall be retained by the division for the expenses of
7 administering such game, subject to adjustment as provided for in subdi-
8 vision h of this section. In no case shall the expense of administering
9 such game exceed fifteen percent of such total amount.
10 f. From April through February of each fiscal year ending prior to
11 April first, two thousand fifteen, and from April through June of the
12 fiscal year commencing April first, two thousand fifteen, the division
13 shall retain ten percent of the total amount for which tickets have been
14 sold for such game, and the retained amount shall be made available for
15 payment into the state lottery fund if required by subdivision i of this
16 section. Upon satisfaction of any payment into the state lottery fund
17 required by subdivision i of this section, any balance of amounts
18 retained by the division pursuant to this subdivision, plus any interest
19 accrued thereon, shall, at the end of March of each fiscal year ending
20 prior to April first, two thousand fifteen and at the end of July of the
21 fiscal year commencing April first, two thousand fifteen, be deposited
22 in accordance with subdivision two of section ninety-seven-yy of the
23 state finance law (the breast cancer research and education fund). If
24 no such payment is required by subdivision i of this section, then the
25 total amount retained pursuant to this subdivision, plus any interest
26 accrued thereon, shall be so deposited.
27 g. The amount remaining after provision for prizes, expenses and the
28 retained amount required by subdivision f of this section shall be
29 deposited by the division in accordance with subdivision two of section
30 ninety-seven-yy of the state finance law at least once during each
31 month.
32 h. On or before the last business day of each fiscal year ending prior
33 to April first, two thousand fifteen, and on or before the last day of
34 June in the fiscal year commencing April first, two thousand fifteen,
35 the division shall determine all expenses attributable to such game
36 during such fiscal year or period. If the amount so determined is less
37 than fifteen percent of the amount for which tickets were sold for such
38 game during such fiscal year or period, the sum equal to the difference
39 between the two amounts, plus any interest accrued thereon, shall be
40 deposited in accordance with subdivision two of section ninety-seven-yy
41 of the state finance law.
42 i. (1) (A) On or before the fifteenth day of the first full month in
43 two thousand ten in which "Play for the Cure" breast cancer education
44 instant scratch-off lottery tickets are first sold, the director shall
45 calculate the gross and net revenues from sales of instant scratch-off
46 lottery tickets within the state during the period commencing on the
47 first day of the corresponding month in two thousand ten and ending on
48 the last day of February, two thousand eleven. To each such amount
49 shall be added an amount equal to five percent thereof, and, for
50 purposes of this section, the amounts thus obtained shall be the
51 projected gross and net revenue totals for the part-year period ending
52 on the last day of February, two thousand twelve.
53 (B) On or before the fifteenth day of March, two thousand eleven, the
54 director shall calculate the gross and net revenues from sales of
55 instant scratch-off lottery tickets within the state during the preced-
56 ing twelve-month period ending on the last day of February, two thousand
S. 1895 3
1 eleven. To each such amount shall be added an amount equal to five
2 percent thereof, and, for purposes of this section, the amounts thus
3 obtained shall be the projected gross and net revenue totals for the
4 twelve-month period ending on the last day of February, two thousand
5 twelve. For the twelve-month period ending on the last day of February
6 in each year thereafter, through and including the last day of February
7 in the year two thousand fourteen, the projected gross and net revenue
8 totals for each such period shall be the amounts obtained when the
9 projected gross and net revenue totals for the immediately preceding
10 twelve-month period are increased by an amount equal to five percent
11 thereof.
12 (2) (A) On or before the fifteenth day of March, two thousand twelve,
13 the director shall calculate the actual gross revenue total for the
14 preceding part-year period commencing with the first full month in which
15 "Play for the Cure" breast cancer education instant scratch-off lottery
16 tickets were sold and ending on the last day of February, two thousand
17 twelve from the sales of instant scratch-off lottery tickets within the
18 state, excluding sales of the "Play for the Cure" breast cancer educa-
19 tion instant scratch-off game. If the actual gross revenue total so
20 calculated is less than the projected gross revenue total for such part-
21 year period and the reason for such difference is not the elimination of
22 all other instant scratch-off lottery games within the state, then the
23 amount, if any, by which the projected net revenue total for such part-
24 year period exceeds the actual net revenue total for such part-year
25 period shall be determined and all moneys which would otherwise be
26 deposited in accordance with subdivision two of section ninety-seven-yy
27 of the state finance law shall be paid, instead, into the state lottery
28 fund until an amount equal to the excess has been so transferred.
29 (B) On or before the fifteenth day of March, two thousand thirteen,
30 and on or before the fifteenth day of March in each year thereafter,
31 through and including the fifteenth day of March, two thousand fifteen,
32 the director shall calculate the actual gross revenue total for the
33 preceding twelve-month period ending on the last day of February from
34 the sales of instant scratch-off lottery tickets within the state,
35 excluding sales of the "Play for the Cure" breast cancer education
36 instant scratch-off game. If the actual gross revenue total so calcu-
37 lated is less than the projected gross revenue total for such twelve-
38 month period and the reason for such difference is not the elimination
39 of all other instant scratch-off lottery games within the state, then
40 the amount, if any, by which the projected net revenue total for such
41 twelve-month period exceeds the actual net revenue total for such
42 twelve-month period shall be determined and all moneys which would
43 otherwise be deposited in accordance with subdivision two of section
44 ninety-seven-yy of the state finance law shall be paid, instead, into
45 the state lottery fund until an amount equal to the excess has been so
46 transferred.
47 (C) On or before the fifteenth day of July, two thousand fifteen, the
48 director shall calculate the actual gross revenue total for the imme-
49 diately preceding four-month period ending on June thirtieth, two thou-
50 sand fifteen from sales of instant scratch-off lottery tickets within
51 the city of New York, excluding sales of the "Play for the Cure" breast
52 cancer education instant scratch-off game. If the actual gross revenue
53 total so calculated is less than thirty-three and one-third percent of
54 the projected gross revenue total for the twelve-month period ending on
55 the last day of February in the year two thousand sixteen, and the
56 reason for such difference is not the elimination of all other instant
S. 1895 4
1 scratch-off lottery games within the state, then the amount, if any, by
2 which thirty-three and one-third percent of the projected net revenue
3 total for such twelve-month period exceeds the actual net revenue total
4 for such four-month period shall be determined, and the amount of such
5 excess shall be paid into the state lottery fund from any moneys avail-
6 able from sales of the "Play for the Cure" breast cancer education
7 instant scratch-off game which have not theretofore been deposited in
8 accordance with subdivision two of section ninety-seven-yy of the state
9 finance law.
10 j. For purposes of this section:
11 (1) "Gross revenue" means the total amount for which tickets have been
12 sold.
13 (2) "Net revenue" means the total amount for which tickets have been
14 sold less the sum of the amount paid out in prizes and the actual admin-
15 istrative expenses of the division.
16 § 2. Subdivisions 2, 2-a and 3 of section 97-yy of the state finance
17 law, subdivisions 2 and 2-a as amended by chapter 385 of the laws of
18 2007 and subdivision 3 as added by chapter 279 of the laws of 1996, are
19 amended to read as follows:
20 2. Such fund shall consist of all revenues received by the department
21 of taxation and finance, pursuant to the provisions of section two
22 hundred nine-D and section six hundred twenty-seven of the tax law, all
23 moneys collected pursuant to section four hundred four-q of the vehicle
24 and traffic law, as added by chapter five hundred twenty-eight of the
25 laws of nineteen hundred ninety-nine, and all other moneys appropriated,
26 credited, or transferred thereto from any other fund or source pursuant
27 to law. Monies deposited into the fund pursuant to section sixteen
28 hundred twenty-one of the tax law shall be kept in a separate account
29 known as the "Play for the Cure" breast cancer education account. For
30 each state fiscal year, there shall be appropriated to the fund by the
31 state, in addition to all other moneys required to be deposited into
32 such fund, an amount equal to the amounts of monies collected and depos-
33 ited into the fund pursuant to sections two hundred nine-D and six
34 hundred twenty-seven of the tax law and section four hundred four-q of
35 the vehicle and traffic law, as added by chapter five hundred twenty-
36 eight of the laws of nineteen hundred ninety-nine, and the amounts of
37 moneys received and deposited into the fund from grants, gifts and
38 bequests during the preceding calendar year, as certified by the comp-
39 troller. Nothing contained herein shall prevent the state from receiving
40 grants, gifts or bequests for the purposes of the fund as defined in
41 this section and depositing them into the fund according to law.
42 2-a. On or before the first day of February each year, the comptroller
43 shall certify to the governor, temporary president of the senate, speak-
44 er of the assembly, chair of the senate finance committee and chair of
45 the assembly ways and means committee, the amount of money deposited in
46 the breast cancer research and education fund during the preceding
47 calendar year as the result of revenue derived pursuant to sections two
48 hundred nine-D [and], six hundred twenty-seven, and sixteen hundred
49 twenty-one of the tax law and section four hundred four-q of the vehicle
50 and traffic law, as added by chapter five hundred twenty-eight of the
51 laws of nineteen hundred ninety-nine, and from grants, gifts and
52 bequests.
53 3. Monies of the fund shall be expended only for breast cancer
54 research and educational projects. As used in this section, "breast
55 cancer research and education projects" means scientific research or
56 educational projects which, pursuant to section two thousand four
S. 1895 5
1 hundred eleven of the public health law, are approved by the department
2 of health, upon the recommendation of the health research science board.
3 Monies kept in the "Play for the Cure" breast cancer education account
4 shall be expended only for breast cancer educational projects.
5 § 3. This act shall take effect immediately.
