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

                                  6991

                            I N  S E N A T E

                              March 4, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Racing,  Gaming  and
  Wagering

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, paragraph 3 as amended by section 2 of part D of chapter 383 of
the  laws of 2001 and paragraph 4 as amended by chapter 2 of the laws of
1995, are amended to read as follows:
  (3) [fifty] FORTY-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, and
(D) any joint, multi-jurisdiction, and out-of-state lottery; or
  (4) [forty] THIRTY-FIVE percent of the total amount for which  tickets
have  been  sold  for:  (A)  "Lotto", offered no more than once daily, a
discrete game in which all participants  select  a  specific  subset  of
numbers  to  match  a specific subset of numbers, as prescribed by rules
and regulations promulgated and adopted by the division, from  a  larger
specific  field  of  numbers, as also prescribed by such rules and regu-
lations and (B) with the exception of the game  described  in  paragraph
one  of  this subdivision, such other state-operated lottery games which
the division may introduce, offered no more than once daily,  commencing

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

                                                           LBD16276-01-0

S. 6991                             2

on  or  after  forty-five days following the official publication of the
rules and regulations for such game.
  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 O-1 of  chapter  57
of the laws of 2009, is amended to read as follows:
  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,"  (i)
less ten percent of the total revenue wagered after payout for prizes to
be  retained by the division for operation, administration, and procure-
ment purposes; (ii) less a vendor's fee the amount of  which  is  to  be
paid  for  serving  as a lottery agent to the track operator of a vendor
track:
  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, provided, however,
that the amendments to paragraphs 3 and 4 of subdivision  a  of  section
1612 of the tax law made by section one of this act shall not affect the
expiration of such subdivision and shall expire therewith.