S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   605

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

AN  ACT  to amend the tax law, in relation to payment of winning lottery
  tickets

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 1614 of the tax law, as amended by chapter 166 of
the laws of 1991, subdivision a as amended by chapter 170 of the laws of
1994, is amended to read as follows:
  S 1614. Unclaimed and abandoned prize money. a. No prize  claim  shall
be  valid  if  submitted  to  the division following the expiration of a
one-year time period from the date of the drawing or from the  close  of
the  game in which a prize was won, and the person otherwise entitled to
such prize shall forfeit any claim or entitlement to such prize  moneys.
Unclaimed  prize  money, plus interest earned thereon, shall be retained
in the lottery prize account to be used for payment of special lotto  or
supplemental  lotto  prizes offered pursuant to the plan or plans speci-
fied in this article, or for promotional purposes  to  supplement  other
games  on  an  occasional  basis  not to exceed sixteen weeks within any
twelve month period pursuant to the plan  or  plans  specified  in  this
article.
  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF ANY OTHER LAW, RULE OR
REGULATION, ALL WINNING TICKETS VALUED AT SIX HUNDRED  DOLLARS  OR  LESS
PRESENTED  FOR  PAYMENT  WITHIN THE EXPIRATION OF A ONE-YEAR TIME PERIOD
FROM THE DATE OF THE DRAWING OR FROM THE CLOSE OF THE GAME  IN  WHICH  A
PRIZE  WAS  WON  SHALL BE PAID BY THE LOTTERY SALES AGENT PRESENTED WITH
SUCH TICKET.
  In the event that the director proposes to change any plan for the use
of unclaimed prize funds or in the event the  director  intends  to  use

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03356-01-1

S. 605                              2

funds  in  a  game  other  than the game from which such unclaimed prize
funds were derived, the director of the budget, the chairperson  of  the
senate  finance  committee, and the chairperson of the assembly ways and
means  committee  shall  be notified in writing separately detailing the
proposed changes to any plan prior to the implementation of the changes.
  b. The division may determine that a prize has been abandoned whenever
more than eighteen months have elapsed since a prize payment  check  was
mailed  to  the last known address of the claimant and either such check
has been returned undelivered by the United States  postal  service  and
the claimant cannot be located or such check has not been returned unde-
livered  and has not been presented for payment. Any prize so determined
to have been abandoned shall be paid to the state  comptroller  pursuant
to section thirteen hundred fifteen of the abandoned property law.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.