S T A T E O F N E W Y O R K
________________________________________________________________________
9840
I N A S S E M B L Y
April 18, 2012
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to authorizing advertising
during quick draw
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1603 of the tax law is amended by adding three new
subdivisions 6, 7 and 8 to read as follows:
6. THE DIRECTOR MAY CONTRACT WITH ONE OR MORE PERSONS TO ALLOW THE
PLACEMENT OF ADVERTISING OR PROMOTIONAL MATERIAL ON AVAILABLE MEDIA
RELATED TO ANY ONLINE LOTTERY GAME OR TO SPONSOR INDIVIDUAL DRAWS IN ANY
ONLINE LOTTERY GAME. IF THE DIRECTOR ENTERS INTO A CONTRACT UNDER THIS
SUBDIVISION, THE DIRECTOR SHALL ALLOW AT LEAST ONE MINUTE BETWEEN DRAWS
OF ON-LINE LOTTERY GAMES DURING WHICH ONE OR MORE ADVERTISEMENTS MAY BE
EXHIBITED.
7. A CONTRACT ENTERED INTO UNDER SUBDIVISION SIX OF THIS SECTION SHALL
PROVIDE THAT ANY ADVERTISEMENTS EXHIBITED BETWEEN DRAWS OF ON-LINE
LOTTERY GAMES SHALL COMPLY WITH CONTENT REGULATIONS FOR TELEVISED BROAD-
CAST ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION, WITH THE EXCEP-
TION THAT THE ADVERTISING UNDER SUBDIVISION SIX OF THIS SECTION MAY
INCLUDE ADVERTISEMENTS FOR ALCOHOLIC BEVERAGES WITH RESTRICTIONS IMPOSED
ONLY BY THE DIRECTOR.
8. THE DIRECTOR SHALL SOLICIT BIDS FROM RESPONSIBLE PERSONS FOR ADVER-
TISING OR PROMOTIONAL CONTRACTS UNDER SUBDIVISION SIX OF THIS SECTION.
THE DIRECTOR SHALL SELECT FROM AMONG THE BIDS RECEIVED SO AS TO PRODUCE
THE MAXIMUM AMOUNT OF NET REVENUE FOR THE STATE CONSISTENT WITH THE
GENERAL WELFARE OF THE CITIZENS OF THE STATE. IN DECIDING WHETHER TO
ENTER INTO A CONTRACT UNDER SUBDIVISION SIX OF THIS SECTION, THE DIREC-
TOR SHALL CONSIDER WHETHER THE TERMS OF THE CONTRACT ARE COMPARABLE TO
THE TERMS OF SIMILAR ADVERTISING OR PROMOTIONAL CONTRACTS RELATING TO
LOTTERY OR OTHER GAMING IN OTHER STATES.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14870-01-2