S T A T E O F N E W Y O R K
________________________________________________________________________
3792
2019-2020 Regular Sessions
I N S E N A T E
February 14, 2019
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
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 1604 of the tax law is amended by adding three new
subdivisions d, e and f to read as follows:
D. THE DIVISION 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 DIVISION ENTERS INTO A CONTRACT UNDER THIS
SUBDIVISION, THE DIVISION SHALL ALLOW AT LEAST ONE MINUTE BETWEEN DRAWS
OF ONLINE LOTTERY GAMES DURING WHICH ONE OR MORE ADVERTISEMENTS MAY BE
EXHIBITED.
E. A CONTRACT ENTERED INTO UNDER SUBDIVISION D OF THIS SECTION SHALL
PROVIDE THAT ANY ADVERTISEMENTS EXHIBITED BETWEEN DRAWS OF ONLINE
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 D OF THIS SECTION MAY
INCLUDE ADVERTISEMENTS FOR ALCOHOLIC BEVERAGES WITH RESTRICTIONS IMPOSED
ONLY BY THE DIVISION.
F. THE DIVISION SHALL SOLICIT BIDS FROM RESPONSIBLE PERSONS FOR ADVER-
TISING OR PROMOTIONAL CONTRACTS UNDER SUBDIVISION D OF THIS SECTION. THE
DIVISION 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 D OF THIS SECTION, THE DIVISION 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09948-01-9