senate Bill S723

2013-2014 Legislative Session

Authorizes the creation of the community group assistance lottery game and establishes the community grant fund

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

Co-Sponsors

S723 - Bill Details

See Assembly Version of this Bill:
A2369
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add §1621, Tax L; add §97-llll, St Fin L

S723 - Bill Texts

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Authorizes the creation of the community group assistance lottery game and establishes the community grant fund, which fund shall be dedicated to community groups organized pursuant to paragraph three or 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.

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BILL NUMBER:S723

TITLE OF BILL:

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

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the tax law by adding a new section 1621
that creates the community group assistance lottery game. No more
than 2 scratch-off lottery games shall be developed and implemented
and whose revenue. after payment for prizes and associated
administrative costs of such games, shall be deposited in the
community grant fund.

Section 2 of the bill amends the state finance law by adding a new
section 97-1111 that creates the community grant fund as follows:

a. The fund will be in the sole custody of the state comptroller and
monies to the fund shall and not co-mingled with other funds in the
custody of the comptroller.

b. Monies of the fund shall be expended only for costs associated with
assistance for community groups (organized as IRS 501(c)(3) or (c)(4)
entities) administering educational, recreational, cultural, senior,
veterans or social services programs or providing volunteer ambulance
services.

c. Each county in the state 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.

d. The funding for community groups coming from the revenue generated
by the community groups assistance lottery game shall be allocated to
each county in proportion to the number of lottery sales that took
place in each county. Each regional community grant fund board shall
create a district grant program that will disperse funds to
individual groups based on need. Individual grants will be awarded
through an application process based on criteria created by each
board consistent with the purposes of this section and section 1621
of the tax law.

e. 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 assistance lottery game.


f. 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.

Section 3 of the bill sets forth an effective date of ninety days
after it shall have become a law.

JUSTIFICATION:

Since 2010, the executive branch of the state has ceased any
allocation of discretionary funds that could be used to fund local
programs in legislators' districts. The loss of these funds has
placed tremendous financial burden on local groups that have relied
on this supportive funding to provide vital community programs to the
state's residents. This loss is on top of already draconian budget
cuts that occurred in 2011 and the loss of private funding sources
that began to disappear as a result of the national economic crises in
2008.

Community programs have been left in the cold in their efforts to
provide educational, recreational, cultural, senior and veterans
programs or volunteer ambulance services to communities that have
relied on those services for years. This includes things like senior
centers, youth sports programs like Little League, afterschool
programs and many, many other important community based programs.

The new lottery game proceeds that will be dedicated to the "Community
Grant Fund" will enable these important community programs to
continue to operate.

The state government cannot keep asking our citizens to bear the
tremendous burden of cuts in services to due state budget deficits
and simultaneously remove funding sources that are depended upon by
local community groups that often step in to fill the void left when
state government services are reduced or eliminated.

LEGISLATIVE HISTORY:

2011-12: S.7335-B

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

The act shall take effect on the ninetieth day after it
shall have become a law.

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

                                   723

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. AVELLA, PERALTA -- 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 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.

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

S. 723                              2

  2. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COSTS ASSOCIATED WITH
ASSISTANCE FOR COMMUNITY GROUPS ORGANIZED PURSUANT TO PARAGRAPH THREE OR
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.

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