NY State Assembly Bill 2009-A9953

Assembly Bill A9953

2009-2010 Legislative Session

Requires lottery sales agents to return previously purchased lottery tickets to the persons submitting them to such agents for verification of prizes

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2010	reported referred to ways and means
Feb 18, 2010	referred to racing and wagering

co-Sponsors

multi-Sponsors

2009-A9953 (ACTIVE) - Details

See Senate Version of this Bill:: S1892
Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Add §1613-c, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3708
2013-2014: A2330
2015-2016: A1287
2017-2018: A1823
2019-2020: A4464
2021-2022: A3751
2023-2024: A3468

2009-A9953 (ACTIVE) - Summary

Requires lottery sales agents to return previously purchased lottery tickets to the persons submitting them to such agents for verification of prizes won or lost; requires lottery ticket dispensing machines used for verifying if a ticket is a winner or not to return the ticket submitted for verification.

2009-A9953 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9953

TITLE OF BILL:  An act to amend the tax law, in relation to requiring
lottery sales agents to return previously purchased lottery tickets to
the person submitting them to such agent for verification of prizes

PURPOSE:  Requires lottery sales agents, after checking a lottery ticket
to see if it is a winner, to return the ticket to the customer even if
the ticket is not a winning ticket.

SUMMARY OF PROVISIONS:  Creates a new section 1613-c of the tax law
which provides that:  (a) any previously purchased lottery ticket
submitted to a lottery sales agent for verification of whether or not
any prize was won shall be returned to the purchaser immediately after
verification is completed; and

(b) any machine furnished by or authorized by the division used by
lottery sales agents to verify whether or not any prize was won shall be
designed or set not to retain any previously purchased ticket which is
inserted into the machine for verification.

JUSTIFICATION:  This legislation would require the lottery sales agent
to return a lottery ticket to the customer after checking to see if it
is a winner or not. Many times purchasers of lottery tickets like to
keep their losing tickets so that they can claim the loss on their taxes
against any winnings they might receive. Also, this legislation attempts

to address the potential for fraud which currently exists in tavern
settings where quick draw lottery tickets are sold. When patrons are
drinking they may not be paying close attention to the selection of
lottery numbers as they appear on the screen. Therefore, they are rely-
ing on the honesty of a wait person or bartender to tell them whether
their ticket is a winner. Since lottery tickets are bearer instruments,
winnings are able to be collected by the person in possession of the
ticket. Thus, there is a strong possibility that an unscrupulous retail
agent could defraud the customer by telling that customer that he or she
has lost when the person has actually won so that the retail agent can
later cash the winning ticket himself or herself. This legislation seeks
to deny the retail agent the opportunity to cheat the customer out of
his or her winnings.

LEGISLATIVE HISTORY:
2000 - A11243 - referred to ways and means
2002 - A2233 - held by ways & means
2004 - A4247 - referred to ways & means
2006 - 54441 - referred to racing, gaming & wagering
2008 - 52284 - referred to racing, gaming & wagering

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:   This act shall take effect on the ninetieth day after
it shall become a law.

2009-A9953 (ACTIVE) - Bill Text download pdf

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

                                  9953

                          I N  A S S E M B L Y

                            February 18, 2010
                               ___________

Introduced  by  M. of A. PRETLOW, REILLY, SPANO -- Multi-Sponsored by --
  M. of A. MARKEY -- read once and referred to the Committee  on  Racing
  and Wagering

AN  ACT  to  amend  the  tax law, in relation to requiring lottery sales
  agents to return previously purchased lottery tickets  to  the  person
  submitting them to such agent for verification of prizes

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

  Section 1. The tax law is amended by adding a new  section  1613-c  to
read as follows:
  S  1613-C.  PRIZE VERIFICATION BY LOTTERY SALES AGENTS.  A. ANY PREVI-
OUSLY PURCHASED LOTTERY TICKET SUBMITTED TO A LOTTERY  SALES  AGENT  FOR
VERIFICATION  OF  WHETHER  OR  NOT  ANY PRIZE WAS WON ON ACCOUNT OF SUCH
TICKET SHALL BE RETURNED BY SUCH AGENT TO THE PERSON WHO  SUBMITTED  THE
TICKET IMMEDIATELY AFTER SUCH VERIFICATION IS COMPLETED.
  B. ANY LOTTERY TICKET DISPENSING MACHINE OR OTHER MACHINE FURNISHED BY
OR  AUTHORIZED  BY THE DIVISION FOR USE BY LOTTERY SALES AGENTS AND USED
BY LOTTERY SALES AGENTS TO VERIFY WHETHER OR NOT ANY PRIZE  WAS  WON  ON
ACCOUNT  OF SUCH TICKET SHALL BE DESIGNED AND/OR SET SO AS NOT TO RETAIN
ANY PREVIOUSLY PURCHASED TICKET WHICH IS INSERTED INTO THE  MACHINE  FOR
THE PURPOSE OF PRIZE VERIFICATION.
  S  2.  This  act  shall take effect on the first of the calendar month
next succeeding the ninetieth day after it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05213-01-9

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Assembly Bill A9953

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Sponsored By

PRETLOW

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Robert Reilly

Mike Spano

Timothy P. Gordon