S T A T E O F N E W Y O R K
________________________________________________________________________
8921
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. GALEF, PAULIN -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to the lottery game of Quick
Draw, and the disposition of lottery revenues
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 1, 2 and 3 of subdivision a of section 1612 of
the tax law, paragraph 1 as amended by chapter 147 of the laws of 2010,
paragraph 2 as amended by section 1 of part P of chapter 61 of the laws
of 2011 and paragraph 3 as amended by section 1 of part Q of chapter 61
of the laws of 2011, are amended to read as follows:
(1) [sixty] FORTY 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:
(A) 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;
(B) the rules for the operation of such game shall be as prescribed by
regulations promulgated and adopted by the division, provided however,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13638-01-1
A. 8921 2
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
(2) [sixty-five] FORTY percent of the total amount for which tickets
have been sold for the "Instant Cash" game in which the participant
purchases a preprinted ticket on which dollar amounts or symbols are
concealed on the face or the back of such ticket, provided however up to
five new games may be offered during the fiscal year, seventy-five
percent of the total amount for which tickets have been sold for such
five games in which the participant purchases a preprinted ticket on
which dollar amounts or symbols are concealed on the face or the back of
such ticket; or
(3) [fifty-five] FORTY percent of the total amount for which tickets
have been sold for any joint, multi-jurisdiction, and out-of-state
lottery except as otherwise provided in paragraph one of subdivision b
of this section for any joint, multi-jurisdiction, out-of-state video
lottery gaming; or
S 2. The opening paragraph of paragraph 1 of subdivision b of section
1612 of the tax law, as amended by section 1 of part R of chapter 61 of
the laws of 2011, is amended to read as follows:
Notwithstanding section one hundred twenty-one of the state finance
law, on or before the twentieth day of each month, the division shall
pay into the state treasury, to the credit of the state lottery fund
created by section ninety-two-c of the state finance law, not less than
forty-five percent of the total amount for which tickets have been sold
for games defined in paragraph four of subdivision a of this section
during the preceding month, not less than [thirty-five] FORTY-FIVE
percent of the total amount for which tickets have been sold for games
defined in paragraph three of subdivision a of this section during the
preceding month, not less than [twenty] FORTY-FIVE percent of the total
amount for which tickets have been sold for games defined in paragraph
two of subdivision a of this section during the preceding month,
provided however that for games with a prize payout of seventy-five
percent of the total amount for which tickets have been sold, the divi-
sion shall pay not less than ten percent of sales into the state treas-
ury and not less than [twenty-five] FORTY-FIVE percent of the total
amount for which tickets have been sold for games defined in paragraph
one of subdivision a of this section during the preceding month; and the
balance of the total revenue after payout for prizes for games known as
"video lottery gaming," including any joint, multi-jurisdiction, and
out-of-state video lottery gaming,
S 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.