S T A T E O F N E W Y O R K
________________________________________________________________________
1895
2009-2010 Regular Sessions
I N S E N A T E
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:
Section 1. The tax law is amended by adding a new section 1621 to
read as follows:
S 1621. "PLAY FOR THE CURE" BREAST CANCER EDUCATION LOTTERY. A. THE
DIVISION SHALL OFFER A SPECIAL "PLAY FOR THE CURE" BREAST CANCER EDUCA-
TION INSTANT SCRATCH-OFF GAME FOR WHICH TICKETS SHALL BE SOLD THROUGHOUT
THE STATE. SUCH GAME SHALL COMMENCE ON FEBRUARY FIFTEENTH, TWO THOUSAND
NINE OR AS SOON THEREAFTER, IN THE DISCRETION OF THE DIRECTOR, AS IS
REASONABLY PRACTICABLE, AND SHALL BE DISCONTINUED ON JUNE THIRTIETH, TWO
THOUSAND FIFTEEN. THE OPERATION OF SUCH GAME SHALL BE GOVERNED BY THE
PROVISIONS OF THIS ARTICLE AND ANY REGULATIONS ADOPTED BY THE DIVISION.
IF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH ANY OTHER
PROVISION OF LAW, THIS SECTION SHALL GOVERN.
B. DURING ANY FISCAL YEAR OF THE STATE IN WHICH TICKETS ARE SOLD FOR
SUCH GAME, THE DIVISION SHALL NOT DIMINISH UNREASONABLY THE EFFORTS
DEVOTED TO MARKETING ANY OTHER INSTANT SCRATCH-OFF LOTTERY GAME.
C. UPON APPLICATION, THE DIVISION SHALL LICENSE ANY AGENCY DESIGNATED
BY THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN, OR VILLAGE IN WHICH IT
IS LOCATED AS AN AGENT TO SELL TICKETS IN SUCH GAME, PROVIDED, HOWEVER,
THAT THE LOCATION OF ANY SUCH LICENSEE'S MARKETING OUTLETS SHALL BE
SUBJECT TO THE DIRECTOR'S APPROVAL, WHICH SHALL NOT BE WITHHELD UNREA-
SONABLY. THE DIVISION ALSO MAY LICENSE ANY PARTNERSHIP, CORPORATION OR
OTHER BUSINESS ORGANIZATION MAINTAINING A PLACE OF BUSINESS WITHIN THE
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
SHALL PREVENT PERSONS FROM GIVING SUCH TICKETS AS PREMIUMS TO CUSTOMERS,
EMPLOYEES OR OTHERS WITH WHOM THEY DEAL.
D. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT FOR WHICH TICKETS
HAVE BEEN SOLD FOR SUCH GAME SHALL BE PAYABLE AS LOTTERY PRIZES.
E. FIFTEEN PERCENT OF THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN
SOLD FOR SUCH GAME SHALL BE RETAINED BY THE DIVISION FOR THE EXPENSES OF
ADMINISTERING SUCH GAME, SUBJECT TO ADJUSTMENT AS PROVIDED FOR IN SUBDI-
VISION H OF THIS SECTION. IN NO CASE SHALL THE EXPENSE OF ADMINISTERING
SUCH GAME EXCEED FIFTEEN PERCENT OF SUCH TOTAL AMOUNT.
F. FROM APRIL THROUGH FEBRUARY OF EACH FISCAL YEAR ENDING PRIOR TO
APRIL FIRST, TWO THOUSAND FIFTEEN, AND FROM APRIL THROUGH JUNE OF THE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND FIFTEEN, THE DIVISION
SHALL RETAIN TEN PERCENT OF THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN
SOLD FOR SUCH GAME, AND THE RETAINED AMOUNT SHALL BE MADE AVAILABLE FOR
PAYMENT INTO THE STATE LOTTERY FUND IF REQUIRED BY SUBDIVISION I OF THIS
SECTION. UPON SATISFACTION OF ANY PAYMENT INTO THE STATE LOTTERY FUND
REQUIRED BY SUBDIVISION I OF THIS SECTION, ANY BALANCE OF AMOUNTS
RETAINED BY THE DIVISION PURSUANT TO THIS SUBDIVISION, PLUS ANY INTEREST
ACCRUED THEREON, SHALL, AT THE END OF MARCH OF EACH FISCAL YEAR ENDING
PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN AND AT THE END OF JULY OF THE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND FIFTEEN, BE DEPOSITED
IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-SEVEN-YY OF THE
STATE FINANCE LAW (THE BREAST CANCER RESEARCH AND EDUCATION FUND). IF
NO SUCH PAYMENT IS REQUIRED BY SUBDIVISION I OF THIS SECTION, THEN THE
TOTAL AMOUNT RETAINED PURSUANT TO THIS SUBDIVISION, PLUS ANY INTEREST
ACCRUED THEREON, SHALL BE SO DEPOSITED.
G. THE AMOUNT REMAINING AFTER PROVISION FOR PRIZES, EXPENSES AND THE
RETAINED AMOUNT REQUIRED BY SUBDIVISION F OF THIS SECTION SHALL BE
DEPOSITED BY THE DIVISION IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION
NINETY-SEVEN-YY OF THE STATE FINANCE LAW AT LEAST ONCE DURING EACH
MONTH.
H. ON OR BEFORE THE LAST BUSINESS DAY OF EACH FISCAL YEAR ENDING PRIOR
TO APRIL FIRST, TWO THOUSAND FIFTEEN, AND ON OR BEFORE THE LAST DAY OF
JUNE IN THE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND FIFTEEN,
THE DIVISION SHALL DETERMINE ALL EXPENSES ATTRIBUTABLE TO SUCH GAME
DURING SUCH FISCAL YEAR OR PERIOD. IF THE AMOUNT SO DETERMINED IS LESS
THAN FIFTEEN PERCENT OF THE AMOUNT FOR WHICH TICKETS WERE SOLD FOR SUCH
GAME DURING SUCH FISCAL YEAR OR PERIOD, THE SUM EQUAL TO THE DIFFERENCE
BETWEEN THE TWO AMOUNTS, PLUS ANY INTEREST ACCRUED THEREON, SHALL BE
DEPOSITED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-SEVEN-YY
OF THE STATE FINANCE LAW.
I. (1) (A) ON OR BEFORE THE FIFTEENTH DAY OF THE FIRST FULL MONTH IN
TWO THOUSAND TEN IN WHICH "PLAY FOR THE CURE" BREAST CANCER EDUCATION
INSTANT SCRATCH-OFF LOTTERY TICKETS ARE FIRST SOLD, THE DIRECTOR SHALL
CALCULATE THE GROSS AND NET REVENUES FROM SALES OF INSTANT SCRATCH-OFF
LOTTERY TICKETS WITHIN THE STATE DURING THE PERIOD COMMENCING ON THE
FIRST DAY OF THE CORRESPONDING MONTH IN TWO THOUSAND TEN AND ENDING ON
THE LAST DAY OF FEBRUARY, TWO THOUSAND ELEVEN. TO EACH SUCH AMOUNT
SHALL BE ADDED AN AMOUNT EQUAL TO FIVE PERCENT THEREOF, AND, FOR
PURPOSES OF THIS SECTION, THE AMOUNTS THUS OBTAINED SHALL BE THE
PROJECTED GROSS AND NET REVENUE TOTALS FOR THE PART-YEAR PERIOD ENDING
ON THE LAST DAY OF FEBRUARY, TWO THOUSAND TWELVE.
(B) ON OR BEFORE THE FIFTEENTH DAY OF MARCH, TWO THOUSAND ELEVEN, THE
DIRECTOR SHALL CALCULATE THE GROSS AND NET REVENUES FROM SALES OF
INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN THE STATE DURING THE PRECED-
ING TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY, TWO THOUSAND
S. 1895 3
ELEVEN. TO EACH SUCH AMOUNT SHALL BE ADDED AN AMOUNT EQUAL TO FIVE
PERCENT THEREOF, AND, FOR PURPOSES OF THIS SECTION, THE AMOUNTS THUS
OBTAINED SHALL BE THE PROJECTED GROSS AND NET REVENUE TOTALS FOR THE
TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY, TWO THOUSAND
TWELVE. FOR THE TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY
IN EACH YEAR THEREAFTER, THROUGH AND INCLUDING THE LAST DAY OF FEBRUARY
IN THE YEAR TWO THOUSAND FOURTEEN, THE PROJECTED GROSS AND NET REVENUE
TOTALS FOR EACH SUCH PERIOD SHALL BE THE AMOUNTS OBTAINED WHEN THE
PROJECTED GROSS AND NET REVENUE TOTALS FOR THE IMMEDIATELY PRECEDING
TWELVE-MONTH PERIOD ARE INCREASED BY AN AMOUNT EQUAL TO FIVE PERCENT
THEREOF.
(2) (A) ON OR BEFORE THE FIFTEENTH DAY OF MARCH, TWO THOUSAND TWELVE,
THE DIRECTOR SHALL CALCULATE THE ACTUAL GROSS REVENUE TOTAL FOR THE
PRECEDING PART-YEAR PERIOD COMMENCING WITH THE FIRST FULL MONTH IN WHICH
"PLAY FOR THE CURE" BREAST CANCER EDUCATION INSTANT SCRATCH-OFF LOTTERY
TICKETS WERE SOLD AND ENDING ON THE LAST DAY OF FEBRUARY, TWO THOUSAND
TWELVE FROM THE SALES OF INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN THE
STATE, EXCLUDING SALES OF THE "PLAY FOR THE CURE" BREAST CANCER EDUCA-
TION INSTANT SCRATCH-OFF GAME. IF THE ACTUAL GROSS REVENUE TOTAL SO
CALCULATED IS LESS THAN THE PROJECTED GROSS REVENUE TOTAL FOR SUCH
PART-YEAR PERIOD AND THE REASON FOR SUCH DIFFERENCE IS NOT THE ELIMI-
NATION OF ALL OTHER INSTANT SCRATCH-OFF LOTTERY GAMES WITHIN THE STATE,
THEN THE AMOUNT, IF ANY, BY WHICH THE PROJECTED NET REVENUE TOTAL FOR
SUCH PART-YEAR PERIOD EXCEEDS THE ACTUAL NET REVENUE TOTAL FOR SUCH
PART-YEAR PERIOD SHALL BE DETERMINED AND ALL MONEYS WHICH WOULD OTHER-
WISE BE DEPOSITED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-
SEVEN-YY OF THE STATE FINANCE LAW SHALL BE PAID, INSTEAD, INTO THE STATE
LOTTERY FUND UNTIL AN AMOUNT EQUAL TO THE EXCESS HAS BEEN SO TRANS-
FERRED.
(B) ON OR BEFORE THE FIFTEENTH DAY OF MARCH, TWO THOUSAND THIRTEEN,
AND ON OR BEFORE THE FIFTEENTH DAY OF MARCH IN EACH YEAR THEREAFTER,
THROUGH AND INCLUDING THE FIFTEENTH DAY OF MARCH, TWO THOUSAND FIFTEEN,
THE DIRECTOR SHALL CALCULATE THE ACTUAL GROSS REVENUE TOTAL FOR THE
PRECEDING TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY FROM
THE SALES OF INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN THE STATE,
EXCLUDING SALES OF THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION
INSTANT SCRATCH-OFF GAME. IF THE ACTUAL GROSS REVENUE TOTAL SO CALCU-
LATED IS LESS THAN THE PROJECTED GROSS REVENUE TOTAL FOR SUCH
TWELVE-MONTH PERIOD AND THE REASON FOR SUCH DIFFERENCE IS NOT THE ELIMI-
NATION OF ALL OTHER INSTANT SCRATCH-OFF LOTTERY GAMES WITHIN THE STATE,
THEN THE AMOUNT, IF ANY, BY WHICH THE PROJECTED NET REVENUE TOTAL FOR
SUCH TWELVE-MONTH PERIOD EXCEEDS THE ACTUAL NET REVENUE TOTAL FOR SUCH
TWELVE-MONTH PERIOD SHALL BE DETERMINED AND ALL MONEYS WHICH WOULD
OTHERWISE BE DEPOSITED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION
NINETY-SEVEN-YY OF THE STATE FINANCE LAW SHALL BE PAID, INSTEAD, INTO
THE STATE LOTTERY FUND UNTIL AN AMOUNT EQUAL TO THE EXCESS HAS BEEN SO
TRANSFERRED.
(C) ON OR BEFORE THE FIFTEENTH DAY OF JULY, TWO THOUSAND FIFTEEN, THE
DIRECTOR SHALL CALCULATE THE ACTUAL GROSS REVENUE TOTAL FOR THE IMME-
DIATELY PRECEDING FOUR-MONTH PERIOD ENDING ON JUNE THIRTIETH, TWO THOU-
SAND FIFTEEN FROM SALES OF INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN
THE CITY OF NEW YORK, EXCLUDING SALES OF THE "PLAY FOR THE CURE" BREAST
CANCER EDUCATION INSTANT SCRATCH-OFF GAME. IF THE ACTUAL GROSS REVENUE
TOTAL SO CALCULATED IS LESS THAN THIRTY-THREE AND ONE-THIRD PERCENT OF
THE PROJECTED GROSS REVENUE TOTAL FOR THE TWELVE-MONTH PERIOD ENDING ON
THE LAST DAY OF FEBRUARY IN THE YEAR TWO THOUSAND SIXTEEN, AND THE
S. 1895 4
REASON FOR SUCH DIFFERENCE IS NOT THE ELIMINATION OF ALL OTHER INSTANT
SCRATCH-OFF LOTTERY GAMES WITHIN THE STATE, THEN THE AMOUNT, IF ANY, BY
WHICH THIRTY-THREE AND ONE-THIRD PERCENT OF THE PROJECTED NET REVENUE
TOTAL FOR SUCH TWELVE-MONTH PERIOD EXCEEDS THE ACTUAL NET REVENUE TOTAL
FOR SUCH FOUR-MONTH PERIOD SHALL BE DETERMINED, AND THE AMOUNT OF SUCH
EXCESS SHALL BE PAID INTO THE STATE LOTTERY FUND FROM ANY MONEYS AVAIL-
ABLE FROM SALES OF THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION
INSTANT SCRATCH-OFF GAME WHICH HAVE NOT THERETOFORE BEEN DEPOSITED IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-SEVEN-YY OF THE STATE
FINANCE LAW.
J. FOR PURPOSES OF THIS SECTION:
(1) "GROSS REVENUE" MEANS THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN
SOLD.
(2) "NET REVENUE" MEANS THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN
SOLD LESS THE SUM OF THE AMOUNT PAID OUT IN PRIZES AND THE ACTUAL ADMIN-
ISTRATIVE EXPENSES OF THE DIVISION.
S 2. Subdivisions 2, 2-a and 3 of section 97-yy of the state finance
law, subdivisions 2 and 2-a as amended by chapter 385 of the laws of
2007 and subdivision 3 as added by chapter 279 of the laws of 1996, are
amended to read as follows:
2. Such fund shall consist of all revenues received by the department
of taxation and finance, pursuant to the provisions of section two
hundred nine-D and section six hundred twenty-seven of the tax law, all
moneys collected pursuant to section four hundred four-q of the vehicle
and traffic law, as added by chapter five hundred twenty-eight of the
laws of nineteen hundred ninety-nine, and all other moneys appropriated,
credited, or transferred thereto from any other fund or source pursuant
to law. MONIES DEPOSITED INTO THE FUND PURSUANT TO SECTION SIXTEEN
HUNDRED TWENTY-ONE OF THE TAX LAW SHALL BE KEPT IN A SEPARATE ACCOUNT
KNOWN AS THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION ACCOUNT. For
each state fiscal year, there shall be appropriated to the fund by the
state, in addition to all other moneys required to be deposited into
such fund, an amount equal to the amounts of monies collected and depos-
ited into the fund pursuant to sections two hundred nine-D and six
hundred twenty-seven of the tax law and section four hundred four-q of
the vehicle and traffic law, as added by chapter five hundred twenty-
eight of the laws of nineteen hundred ninety-nine, and the amounts of
moneys received and deposited into the fund from grants, gifts and
bequests during the preceding calendar year, as certified by the comp-
troller. Nothing contained herein shall prevent the state from receiving
grants, gifts or bequests for the purposes of the fund as defined in
this section and depositing them into the fund according to law.
2-a. On or before the first day of February each year, the comptroller
shall certify to the governor, temporary president of the senate, speak-
er of the assembly, chair of the senate finance committee and chair of
the assembly ways and means committee, the amount of money deposited in
the breast cancer research and education fund during the preceding
calendar year as the result of revenue derived pursuant to sections two
hundred nine-D [and], six hundred twenty-seven, AND SIXTEEN HUNDRED
TWENTY-ONE of the tax law and section four hundred four-q of the vehicle
and traffic law, as added by chapter five hundred twenty-eight of the
laws of nineteen hundred ninety-nine, and from grants, gifts and
bequests.
3. Monies of the fund shall be expended only for breast cancer
research and educational projects. As used in this section, "breast
cancer research and education projects" means scientific research or
S. 1895 5
educational projects which, pursuant to section two thousand four
hundred eleven of the public health law, are approved by the department
of health, upon the recommendation of the health research science board.
MONIES KEPT IN THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION ACCOUNT
SHALL BE EXPENDED ONLY FOR BREAST CANCER EDUCATIONAL PROJECTS.
S 3. This act shall take effect immediately.
