Assembly Bill A2369

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

                                  2369

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Ways and Means

AN  ACT to amend the tax law, in relation to authorizing the creation of
  the community group assistance lottery game; and to  amend  the  state
  finance law, in relation to establishing the community grant fund

  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. COMMUNITY GROUPS ASSISTANCE LOTTERY GAME. A. THE  DIRECTOR  OF
THE DIVISION OF THE LOTTERY SHALL DEVELOP AND IMPLEMENT NO MORE THAN TWO
SCRATCH-OFF  LOTTERY  GAMES  WHOSE REVENUE, AFTER PAYMENT FOR PRIZES AND
ASSOCIATED ADMINISTRATIVE COSTS OF SUCH GAMES, SHALL BE DEPOSITED IN THE
COMMUNITY GRANT FUND AS ESTABLISHED IN SECTION NINETY-SEVEN-LLLL OF  THE
STATE  FINANCE  LAW. THIS LOTTERY GAME SHALL BE MARKETED AND DISTRIBUTED
IN THE SAME MANNER AS ALL LOTTERY GAMES CONTROLLED BY  THE  DIVISION  OF
THE  LOTTERY. THIS SECTION SHALL NOT DIMINISH ANY EFFORTS OR FUNDING FOR
OTHER LOTTERY GAMES UNDER THE CONTROL OF THE DIVISION  OF  THE  LOTTERY.
EACH  TICKET  SHALL CLEARLY STATE THAT ALL PROCEEDS FROM TICKET SALES GO
TOWARDS THE COMMUNITY GRANT FUND.
  B. THE DIVISION OF THE LOTTERY SHALL ESTABLISH AND BEGIN SELLING TICK-
ETS AS REQUIRED BY THIS SECTION NO LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND THIRTEEN.
  S 2. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S 97-LLLL. COMMUNITY GRANT FUND. 1. THE COMMUNITY GRANT FUND IS ESTAB-
LISHED  IN THE SOLE CUSTODY OF THE STATE COMPTROLLER. MONIES IN THE FUND
SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH OTHER FUNDS IN THE CUSTO-
DY OF THE COMPTROLLER.
  2. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COSTS ASSOCIATED WITH
ASSISTANCE FOR COMMUNITY GROUPS ORGANIZED PURSUANT TO PARAGRAPH THREE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03413-01-3
              

A. 2369                             2

FOUR OF SUBDIVISION (C) OF SECTION FIVE  HUNDRED  ONE  OF  THE  INTERNAL
REVENUE  CODE  OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED, ADMINISTERING
EDUCATIONAL, RECREATIONAL, CULTURAL, SENIOR, VETERANS OR SOCIAL SERVICES
PROGRAMS  OR  PROVIDING  VOLUNTEER  AMBULANCE  SERVICES. MONIES SHALL BE
AVAILABLE TO THE REGIONAL COMMUNITY GRANT FUND BOARD, AS ESTABLISHED  BY
SUBDIVISION THREE OF THIS SECTION.
  3.  EACH  COUNTY SHALL ESTABLISH A REGIONAL COMMUNITY GRANT FUND BOARD
TO ADMINISTER THE FUNDS DIRECTED TO EACH COUNTY. APPOINTMENTS TO SUCH  A
REGIONAL  COMMUNITY  GRANT  FUND  BOARD  SHALL  INCLUDE, BUT NEED NOT BE
LIMITED TO, THE COUNTY EXECUTIVE, ONE MEMBER OF  THE  ASSEMBLY  AND  ONE
MEMBER OF THE SENATE REPRESENTING AN ELECTION DISTRICT IN WHICH ALL OR A
PORTION  OF  THE RELEVANT COUNTY IS LOCATED, SUCH LEGISLATIVE MEMBERS TO
BE APPOINTED BY THE GOVERNOR, AND SUCH OTHER MEMBERS AS  MAY  BE  DEEMED
NECESSARY OR APPROPRIATE BY THE COUNTY EXECUTIVE.
  4.  EACH  REGIONAL  COMMUNITY  GRANT  FUND BOARD SHALL CREATE A DIRECT
GRANT PROGRAM THAT WILL DISPERSE FUNDS TO  INDIVIDUAL  GROUPS  BASED  ON
NEED.  THE  INDIVIDUAL  GRANTS  SHALL  BE AWARDED THROUGH AN APPLICATION
PROCESS BASED ON CRITERIA CREATED BY  EACH  BOARD  CONSISTENT  WITH  THE
PURPOSES   SET  FORTH  IN  THIS  SECTION  AND  SECTION  SIXTEEN  HUNDRED
TWENTY-ONE OF THE TAX LAW. THE FUNDING FOR COMMUNITY GROUPS, THE  SOURCE
OF  WHICH IS THE COMMUNITY GROUPS ASSISTANCE LOTTERY GAME AS ESTABLISHED
IN SECTION SIXTEEN HUNDRED TWENTY-ONE OF THE TAX LAW, SHALL BE ALLOCATED
TO EACH COUNTY IN PROPORTION TO THE NUMBER OF LOTTERY  SALES  THAT  TOOK
PLACE  IN  EACH  COUNTY.  THE  FUNDING FOR COMMUNITY GROUPS FROM SOURCES
OTHER THAN SUCH LOTTERY GAME SHALL BE APPLIED BASED UPON NEED.
  5. MONIES SHALL  BE  CREDITED  TOWARDS  THE  FUND  IN  FORM  OF  GIFT,
DONATION, FEDERAL ASSISTANCE OR GRANT, TRANSFERS, PAYMENT, APPROPRIATION
OR  BY A DEDICATED REVENUE SOURCE INCLUDING THE COMMUNITY GROUPS ASSIST-
ANCE LOTTERY GAME AS ESTABLISHED IN SECTION SIXTEEN  HUNDRED  TWENTY-ONE
OF THE TAX LAW.
  6.  MONIES  OF THE FUND SHALL NOT BE USED, TRANSFERRED OR APPROPRIATED
FOR ANY PURPOSE OTHER THAN WHAT IS PROVIDED IN THIS SECTION, EXCEPT THAT
SUCH MONIES MAY BE USED FOR MINIMAL COSTS ASSOCIATED WITH  ADMINISTERING
EACH DIRECT GRANT PROGRAM.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.