Senate Bill S7919

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

                                  7919

                            I N  S E N A T E

                              May 21, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend chapter 405 of the laws of 1999 amending the real  prop-
  erty  tax  law  relating to improving the administration of the school
  tax relief (STAR) program, in relation to the lottery  game  of  Quick
  Draw;  and  to amend the tax law, in relation to allowing all licensed
  lottery sales agents to conduct Quick Draw

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

  Section  1.    Section  1 of part J of chapter 405 of the laws of 1999
amending the real property tax law relating to  improving  the  adminis-
tration of the school tax relief (STAR) program, as amended by section 3
of  part  PP-1  of chapter 57 of the laws of 2008, is amended to read as
follows:
  Section 1. Notwithstanding the provisions of article 5 of the  general
construction  law,  the  provisions  of  the tax law amended by sections
94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby  revived
and shall continue in full force and effect as they existed on March 31,
1999  through May 31, [2010] 2014, when upon such date they shall expire
and be repealed. Sections 1, 2, 3, 4, and 5, and such part of section 10
of chapter 336 of the laws of 1999  as  relates  to  providing  for  the
effectiveness  of  such  sections 1, 2, 3, 4 and 5 shall be nullified in
effect on the effective date of this section, except that the amendments
made to: paragraph (2) of subdivision a of section 1612 of the  tax  law
by  such  section 1; and subdivision b of section 1612 of the tax law by
such section 2; and the repeal of section 152 of chapter 166 of the laws
of 1991 made by such section 5 shall continue to remain in effect.
  S 2. Paragraph 1 of subdivision a of section 1612 of the tax  law,  as
amended  by  chapter  336  of  the  laws  of 1999, is amended to read as
follows:
  (1) sixty percent of the total amount for which tickets have been sold
for a lawful lottery game introduced on or after the effective  date  of
this paragraph[, subject to the following provisions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17471-03-0
              

S. 7919                             2

  (A)  drawings  in such game shall be held during no more than thirteen
hours each day, no more than eight hours of which shall be consecutive;
  (B) such game shall be available only on premises occupied by licensed
lottery sales agents, subject to the following provisions:
  (i)  if  the licensee holds a license issued pursuant to the alcoholic
beverage control law to sell alcoholic beverages for consumption on  the
premises, then not less than twenty-five percent of the gross sales must
result from sales of food;
  (ii)  if  the  licensee does not hold a license issued pursuant to the
alcoholic beverage control law to sell alcoholic beverages for  consump-
tion  on  the  premises,  then  the  premises must have a minimum square
footage greater than two thousand five hundred square feet;
  (iii) notwithstanding the foregoing provisions,  television  equipment
that  automatically  displays  the  results  of  such  drawings  may  be
installed and used without regard to the percentage of food sales or the
square footage if such premises are used as:
  (I) a commercial bowling establishment, or
  (II) a facility authorized under the racing, pari-mutuel wagering  and
breeding law to accept pari-mutuel wagers;
  (C) the rules for the operation of such game shall be as prescribed by
regulations  promulgated  and adopted by the division, provided however,
that such rules shall provide that no person under the age of twenty-one
may participate in such games on the premises of a licensee who holds  a
license  issued  pursuant  to the alcoholic beverage control law to sell
alcoholic beverages for consumption  on  the  premises;  and,  provided,
further,  that such regulations may be revised on an emergency basis not
later than ninety days after the enactment of this paragraph in order to
conform such regulations to the requirements of this paragraph]; or
  S 3. This act shall take effect immediately; provided however that the
amendments to paragraph (1) of subdivision a of section 1612 of the  tax
law  made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.