S T A T E   O F   N E W   Y O R K
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                                  3031

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to amend the tax law, in relation to the disposition of revenue
  from the lottery prize account

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

  Section 1.  Paragraphs 3 and 4 of subdivision a of section 1612 of the
tax law, paragraph 3 as amended by section 2 of part D of chapter 383 of
the  laws of 2001 and paragraph 4 as amended by chapter 2 of the laws of
1995, are amended to read as follows:
  (3) [fifty] FORTY-FIVE percent of the total amount for  which  tickets
have  been sold for games known as: (A) the "Daily Numbers Game" or "Win
4", discrete games in which the participants select no more  than  three
or  four  of their own numbers to match with three or four numbers drawn
by the division for purposes of determining winners of such  games,  (B)
"Pick 10", offered no more than once daily, in which participants select
from  a  specified  field  of  numbers  a subset of ten numbers to match
against a subset of numbers to be drawn by the division from such  field
of  numbers  for  the  purpose  of determining winners of such game, (C)
"Take 5", offered no more than once daily, in which participants  select
from  a  specified  field  of  numbers a subset of five numbers to match
against a subset of five numbers to be drawn by the division  from  such
field  of  numbers for purposes of determining winners of such game, and
(D) any joint, multi-jurisdiction, and out-of-state lottery; or
  (4) [forty] THIRTY-FIVE percent of the total amount for which  tickets
have  been  sold  for:  (A)  "Lotto", offered no more than once daily, a
discrete game in which all participants  select  a  specific  subset  of
numbers  to  match  a specific subset of numbers, as prescribed by rules
and regulations promulgated and adopted by the division, from  a  larger
specific  field  of  numbers, as also prescribed by such rules and regu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08617-01-1
              

S. 3031                             2

lations and (B) with the exception of the game  described  in  paragraph
one  of  this subdivision, such other state-operated lottery games which
the division may introduce, offered no more than once daily,  commencing
on  or  after  forty-five days following the official publication of the
rules and regulations for such game.
  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 O-1 of chapter 57
of the laws of 2009, 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] FIFTY 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 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 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  division  shall
pay  not  less than ten percent of sales into the state treasury and not
less than twenty-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," (i)
less ten percent of the total revenue wagered after payout for prizes to
be retained by the division for operation, administration, and  procure-
ment  purposes;  (ii)  less  a vendor's fee the amount of which is to be
paid for serving as a lottery agent to the track operator  of  a  vendor
track:
  S  3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law.