S T A T E   O F   N E W   Y O R K
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                                  2870

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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, as amended by section 1 of part Q of chapter 61 of the laws  of
2011, are amended to read as follows:
  (3)  [fifty-five]  FORTY-FIVE  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 subdivi-
sion b of this section for any joint,  multi-jurisdiction,  out-of-state
video lottery gaming; or
  (4)  [fifty] THIRTY-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; 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02041-01-3
              

S. 2870                             2

  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,"
including  any joint, multi-jurisdiction, and out-of-state video lottery
gaming,
  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.