NY State Senate Bill 2021-S9001

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2022	referred to racing, gaming and wagering

2021-S9001 (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §§1604, 1605 & 1611, Tax L

2021-S9001 (ACTIVE) - Summary

Establishes a rate of commission for licensed lottery sales agents; authorizes such agents to deduct the compensation rate from the face value otherwise payable by the agent to the New York state gaming commission.

2021-S9001 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9001

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the tax law, in relation to establishing a rate of
commission for licensed lottery sales agents; and providing for the
repeal of certain provisions upon expiration thereof

 
PURPOSE:

The purpose of this bill is to increase the compensation rate for sale
of state lottery tickets by licensed lottery sales agents from the
current rate of 6% to 7% over a four-year period.

 
SUMMARY OF PROVISIONS:

Section 1. amends section 1604 of the tax law by removing part of
subsection (a) to remove the authority of the Division of the Lottery to
set the compensation rate for licensed lottery sales agents.

Section 2. amends section 1605 of the tax law by adding a new paragraph

(h) to establish the compensation rate for licensed lottery sales agents

Section 3. amends section 1605 of the tax law by adding a new paragraph
(h) to establish the compensation rate for licensed lottery sales agents

Section 4. amends section 1605 of the tax law by adding a new paragraph
(h) to establish the compensation rate for licensed lottery sales agents

Section 5. amends section 1605 of the tax law by adding a new paragraph
(h) to establish the compensation rate for licensed lottery sales agents

Section 6. amends section 1605 of the tax law by adding a new paragraph
(h) to establish the compensation rate for licensed lottery sales agents

Section 7. amends section 1605 of the tax law by adding a new paragraph
(h) to establish the compensation rate for licensed lottery sales agents

Section 8. amends section 1611 of the tax law by removing part of
subsection (a) to remove language referring to part of section 1604 of
the tax law previously removed in this legislation

Section 9. is the enacting clause; establishes repealers on sections
2,3,4,5,6 at certain dates

 
JUSTIFICATION:

While lottery sales volume has steadily risen since 1967, when the
compensation rate was set by the Division of the Lottery, the resulting
additional commission income to lottery sales agents has been far
outstripped by sharp growth in their operating expenses.

Elevating their commission from 6% to 7%, phasing in the increase over a
four-year period, would equate to less than a 0.02% annual rate of
increase over the 50+ years since the rate was originally set. The
commission rate should be adjusted to recognize the operators' changing
circumstances. This adjustment will preserve jobs and enable these busi-

nesses to keep delivering the nation-leading lottery sales performance
New York's education system deserves.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9001 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9001
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 establishing a rate of
   commission for licensed lottery sales agents; and  providing  for  the
   repeal of certain provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 1604 of the tax law, as  added  by
 chapter  92  of  the  laws  of 1976, the opening paragraph as amended by
 section 1 of part D of chapter 383 of the laws of 2001,  is  amended  to
 read as follows:
   a.  In addition to the powers and duties provided in other sections of
 this article, the division shall have the power and it shall be its duty
 to operate and administer the lottery within  the  state  including  any
 joint,  multi-jurisdiction, and out-of-state lottery in cooperation with
 a government-authorized lottery of one or more other jurisdictions,  and
 to  promulgate  rules  and  regulations  governing the establishment and
 operation thereof, including but not limited to the following:
   1. The type of lottery to be conducted.
   2. The price or prices of a ticket or tickets in the lottery.
   3. The numbers and sizes of the prizes on the winning tickets.
   4. The manner of selecting the winning tickets.
   5. The frequency of the drawings or selections of winning tickets.
   6. Without limit as to number, the type or types of locations at which
 tickets may be sold.
   7. The method to be used in selling tickets.
   8. The use of vending machines or mechanical devices of any kind.
   [9. The compensation in such manner and amounts and  subject  to  such
 limitations as the division may determine to licensed sellers of lottery
 tickets,  but  only  where  the division finds that such compensation is
 necessary to assure adequate availability of lottery tickets,  and  that
 the public convenience will be served thereby.
   10.] 9. The development of an internal security plan.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15590-02-2
 S. 9001                             2
 
   §  2.  Section 1605 of the tax law is amended by adding a new subdivi-
 sion h to read as follows:
   H. A LICENSED LOTTERY SALES AGENT IS ENTITLED TO COMPENSATION AT A SET
 RATE FOR EACH TICKET SOLD. THE AGENT IS PERMITTED TO DEDUCT SUCH COMPEN-
 SATION  FROM  THE  FACE  VALUE OTHERWISE PAYABLE BY THE AGENT TO THE NEW
 YORK STATE GAMING COMMISSION. THE COMPENSATION RATE PER  LOTTERY  TICKET
 SALE FOR LICENSED LOTTERY SALES AGENTS IS SET AT SIX PERCENT.
   §  3.  Section 1605 of the tax law is amended by adding a new subdivi-
 sion h to read as follows:
   H. A LICENSED LOTTERY SALES AGENT IS ENTITLED TO COMPENSATION AT A SET
 RATE FOR EACH TICKET SOLD. THE AGENT IS PERMITTED TO DEDUCT SUCH COMPEN-
 SATION FROM THE FACE VALUE OTHERWISE PAYABLE BY THE  AGENT  TO  THE  NEW
 YORK  STATE  GAMING COMMISSION. THE COMPENSATION RATE PER LOTTERY TICKET
 SALE FOR LICENSED LOTTERY SALES AGENTS IS SET AT 6.2%.
   § 4. Section 1605 of the tax law is amended by adding a  new  subdivi-
 sion h to read as follows:
   H. A LICENSED LOTTERY SALES AGENT IS ENTITLED TO COMPENSATION AT A SET
 RATE FOR EACH TICKET SOLD. THE AGENT IS PERMITTED TO DEDUCT SUCH COMPEN-
 SATION  FROM  THE  FACE  VALUE OTHERWISE PAYABLE BY THE AGENT TO THE NEW
 YORK STATE GAMING COMMISSION. THE COMPENSATION RATE PER  LOTTERY  TICKET
 SALE FOR LICENSED LOTTERY SALES AGENTS IS SET AT 6.4%.
   §  5.  Section 1605 of the tax law is amended by adding a new subdivi-
 sion h to read as follows:
   H. A LICENSED LOTTERY SALES AGENT IS ENTITLED TO COMPENSATION AT A SET
 RATE FOR EACH TICKET SOLD. THE AGENT IS PERMITTED TO DEDUCT SUCH COMPEN-
 SATION FROM THE FACE VALUE OTHERWISE PAYABLE BY THE  AGENT  TO  THE  NEW
 YORK  STATE  GAMING COMMISSION. THE COMPENSATION RATE PER LOTTERY TICKET
 SALE FOR LICENSED LOTTERY SALES AGENTS IS SET AT 6.6%.
   § 6. Section 1605 of the tax law is amended by adding a  new  subdivi-
 sion h to read as follows:
   H. A LICENSED LOTTERY SALES AGENT IS ENTITLED TO COMPENSATION AT A SET
 RATE FOR EACH TICKET SOLD. THE AGENT IS PERMITTED TO DEDUCT SUCH COMPEN-
 SATION  FROM  THE  FACE  VALUE OTHERWISE PAYABLE BY THE AGENT TO THE NEW
 YORK STATE GAMING COMMISSION. THE COMPENSATION RATE PER  LOTTERY  TICKET
 SALE FOR LICENSED LOTTERY SALES AGENTS IS SET AT 6.8%.
   §  7.  Section 1605 of the tax law is amended by adding a new subdivi-
 sion h to read as follows:
   H. A LICENSED LOTTERY SALES AGENT IS ENTITLED TO COMPENSATION AT A SET
 RATE FOR EACH TICKET SOLD. THE AGENT IS PERMITTED TO DEDUCT SUCH COMPEN-
 SATION FROM THE FACE VALUE OTHERWISE PAYABLE BY THE  AGENT  TO  THE  NEW
 YORK  STATE  GAMING COMMISSION. THE COMPENSATION RATE PER LOTTERY TICKET
 SALE FOR LICENSED LOTTERY SALES AGENTS IS SET AT SEVEN PERCENT.
   § 8. Subdivision a of section 1611 of the tax law, as amended by chap-
 ter 913 of the laws of 1977, is amended to read as follows:
   a. Except as otherwise provided in this section, all  moneys  received
 by  any  and all lottery sales agents from the sales of lottery tickets,
 including any lottery tickets, for the support of winter sports physical
 education in commemoration of the XIII  olympic  winter  games  if  any,
 [less  the amount, if any, retained pursuant to paragraph nine of subdi-
 vision a of section sixteen hundred  four  of  this  article]  shall  be
 delivered to the division. The division shall immediately deposit to its
 credit all such moneys received in banks, banking houses or trust compa-
 nies designated by the commissioner and the comptroller. The division in
 its  discretion,  may require any or all lottery sales agents to deposit
 such moneys to the division's credit in banks, banking houses  or  trust
 companies  designated  by  it, with the approval of the commissioner and
 S. 9001                             3
 
 the comptroller and to file with the division reports of their  receipts
 and  transactions  in  the  sale  of  lottery  tickets  in such form and
 containing such information as the division  may  require.    The  with-
 drawal,  pursuant  to section sixteen hundred twelve of this article, of
 moneys so deposited by the division or lottery  sales  agents  shall  be
 subject  to a check signed by the director or such officers or employees
 of the division as the director may designate.
   § 9. This act shall take effect immediately; provided, however, that:
   1. section two of this act shall expire and be deemed repealed January
 1, 2023 when upon such date the provisions of section three of this  act
 shall take effect;
   2. section three of this act shall expire and be deemed repealed Janu-
 ary  1,  2024 when upon such date the provisions of section four of this
 act shall take effect;
   3. section four of this act shall expire and be deemed repealed  Janu-
 ary  1,  2025 when upon such date the provisions of section five of this
 act shall take effect;
   4. section five of this act shall expire and be deemed repealed  Janu-
 ary  1,  2026  when upon such date the provisions of section six of this
 act shall take effect; and
   5. section six of this act shall expire and be deemed repealed January
 1, 2027 when upon such date the provisions of section seven of this  act
 shall take effect.

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Senate Bill S9001

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2021-S9001 (ACTIVE) - Details

2021-S9001 (ACTIVE) - Summary

2021-S9001 (ACTIVE) - Sponsor Memo

2021-S9001 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9001

Share this bill

Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2021-S9001 (ACTIVE) - Details

2021-S9001 (ACTIVE) - Summary

2021-S9001 (ACTIVE) - Sponsor Memo

2021-S9001 (ACTIVE) - Bill Text download pdf

Comments