S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2734
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 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 chapter 174 of the laws of 2013, 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
   § 2. The opening paragraph of paragraph 1 of subdivision b of  section
 1612  of the tax law, as amended by section 2 of subpart D of part DD of
 chapter 59 of the laws of 2019, is amended to read as follows:

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

                                                            LBD06916-01-1

 S. 2734                             2
 
   Notwithstanding section one hundred twenty-one of  the  state  finance
 law,  on or before the twentieth day of each month, the commission 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 five of subdivision a  of  this
 section  during  the  preceding  month, not less than [forty-five] FIFTY
 percent of the total amount for which tickets have  be  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 and three-fourths] 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-four and one-fourth percent of  the
 total  amount for which tickets have been sold, the commission shall pay
 not less than ten and three-fourths 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,
   § 3. This act shall take effect on the first of October next  succeed-
 ing the date on which it shall have become a law.