NY State Senate Bill 2009-S1892

Senate Bill S1892

2009-2010 Legislative Session

Requires lottery sales agents to return previously purchased lottery tickets to the persons submitting them to such agents for verification of prizes

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2010	advanced to third reading
Feb 22, 2010	2nd report cal.
Feb 09, 2010	1st report cal.120
Jan 06, 2010	referred to racing, gaming and wagering
Feb 09, 2009	referred to racing, gaming and wagering

Votes

- Feb 9, 2010 - Racing, Gaming And Wagering Committee Vote
  S1892
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Racing, Gaming And Wagering Committee Vote: Feb 9, 2010
      
      aye (9)
      
      Adams
      
      Addabbo Jr.
      
      Bonacic
      
      Griffo
      
      Johnson
      
      McDonald
      
      Nozzolio
      
      Onorato
      
      Stachowski

co-Sponsors

2009-S1892 (ACTIVE) - Details

See Assembly Version of this Bill:: A9953
Law Section:: Tax Law
Laws Affected:: Add §1613-c, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3708
2013-2014: A2330
2015-2016: A1287
2017-2018: A1823
2019-2020: A4464
2021-2022: A3751
2023-2024: A3468

2009-S1892 (ACTIVE) - Summary

Requires lottery sales agents to return previously purchased lottery tickets to the persons submitting them to such agents for verification of prizes won or lost; requires lottery ticket dispensing machines used for verifying if a ticket is a winner or not to return the ticket submitted for verification.

2009-S1892 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1892

 TITLE OF BILL :

An act to amend the tax law, in relation to requiring lottery sales
agents to return previously purchased lottery tickets to the person
submitting them to such agent for verification of prizes

 PURPOSE :

Requires lottery sales agents, after checking a lottery ticket to see
if it is a winner, to return the ticket to the customer even if the
ticket is not a winning ticket.

 SUMMARY OF PROVISIONS :

Creates a new section 1613-c of the tax law which provides that:

(a) any previously purchased lottery ticket submitted to a lottery
sales agent for verification of whether or not any prize was won shall
be returned to the purchaser immediately after verification is
completed; and

(b) any machine furnished by or authorized by the division used by
lottery sales agents to verify whether or not any prize was won shall
be designed or set not to retain any previously purchased ticket which

is inserted into the machine for verification.

 JUSTIFICATION :

This legislation would require the lottery sales agent to return a
lottery ticket to the customer after checking to see if it is a winner
or not. Many times purchasers of lottery tickets like to keep their
losing tickets so that they can claim the loss on their taxes against
any winnings they might receive.  Also, this legislation attempts to
address the potential for fraud which currently exists in tavern
settings where quick draw lottery tickets are sold. When patrons are
drinking they may not be paying close attention to the selection of
lottery numbers as they appear on the screen. Therefore, they are
relying on the honesty of a wait person or bartender to tell them
whether their ticket is a winner. Since lottery tickets are bearer
instruments, winnings are able to be collected by the person in
possession of the ticket. Thus, there is a strong possibility that an
unscrupulous retail agent could defraud the customer by telling that
customer that he or she has lost when the person has actually won so
that the retail agent can later cash the winning ticket himself or
herself. This legislation seeks to deny the retail agent the
opportunity to cheat the customer out of his or her winnings.

 LEGISLATIVE HISTORY :

2000 - A11243 - referred to ways and means
2002 - A2233  - held by ways & means
2004 - A4247  - referred to ways & means
2006 - S4441  - referred to racing, gaming & wagering
2008 - S2284  - referred to racing, gaming & wagering

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
a law.

2009-S1892 (ACTIVE) - Bill Text download pdf

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

                                  1892

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  DILAN, ONORATO, SAMPSON -- 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 requiring lottery sales
  agents to return previously purchased lottery tickets  to  the  person
  submitting them to such agent for verification of prizes

  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  1613-c  to
read as follows:
  S  1613-C.  PRIZE VERIFICATION BY LOTTERY SALES AGENTS.  A. ANY PREVI-
OUSLY PURCHASED LOTTERY TICKET SUBMITTED TO A LOTTERY  SALES  AGENT  FOR
VERIFICATION  OF  WHETHER  OR  NOT  ANY PRIZE WAS WON ON ACCOUNT OF SUCH
TICKET SHALL BE RETURNED BY SUCH AGENT TO THE PERSON WHO  SUBMITTED  THE
TICKET IMMEDIATELY AFTER SUCH VERIFICATION IS COMPLETED.
  B. ANY LOTTERY TICKET DISPENSING MACHINE OR OTHER MACHINE FURNISHED BY
OR  AUTHORIZED  BY THE DIVISION FOR USE BY LOTTERY SALES AGENTS AND USED
BY LOTTERY SALES AGENTS TO VERIFY WHETHER OR NOT ANY PRIZE  WAS  WON  ON
ACCOUNT  OF SUCH TICKET SHALL BE DESIGNED AND/OR SET SO AS NOT TO RETAIN
ANY PREVIOUSLY PURCHASED TICKET WHICH IS INSERTED INTO THE  MACHINE  FOR
THE PURPOSE OF PRIZE VERIFICATION.
  S  2.  This  act  shall take effect on the first of the calendar month
next succeeding the ninetieth day after it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05213-01-9

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Senate Bill S1892

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Sponsored By

Jeffrey D. Klein