S T A T E O F N E W Y O R K
________________________________________________________________________
4682
2011-2012 Regular Sessions
I N S E N A T E
April 14, 2011
___________
Introduced by Sen. FLANAGAN -- 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 unclaimed and abandoned
prize money
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1614 of the tax law, as amended by chapter 166 of
the laws of 1991 and subdivision a as amended by chapter 170 of the laws
of 1994, is amended to read as follows:
S 1614. Unclaimed and abandoned prize money. a. No prize claim shall
be valid if submitted to the division following the expiration of a
one-year time period from the date of the drawing or from the close of
the game in which a prize was won, and the person otherwise entitled to
such prize shall forfeit any claim or entitlement to such prize moneys.
[Unclaimed prize money, plus interest earned thereon, shall be retained
in the lottery prize account to be used for payment of special lotto or
supplemental lotto prizes offered pursuant to the plan or plans speci-
fied in this article, or for promotional purposes to supplement other
games on an occasional basis not to exceed sixteen weeks within any
twelve month period pursuant to the plan or plans specified in this
article.
In the event that the director proposes to change any plan for the use
of unclaimed prize funds or in the event the director intends to use
funds in a game other than the game from which such unclaimed prize
funds were derived, the director of the budget, the chairperson of the
senate finance committee, and the chairperson of the assembly ways and
means committee shall be notified in writing separately detailing the
proposed changes to any plan prior to the implementation of the chang-
es.]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10814-01-1
S. 4682 2
b. UNCLAIMED PRIZE MONEY FOR THE PRIZE ON A WINNING TICKET SHALL BE
RETAINED BY THE DIVISION FOR PAYMENT TO THE PERSON ENTITLED THERETO FOR
NOT LESS THAN SIX MONTHS AFTER THE DRAWING OR AFTER THE CLOSE OF THE
GAME IN WHICH THE PRIZE WAS WON. IF NO CLAIM IS MADE FOR THE PRIZE WITH-
IN SIX MONTHS FROM THE DATE OF THE DRAWING OR FROM THE CLOSE OF THE
GAME, AN AMOUNT EQUIVALENT TO THE PRIZE AMOUNT SHALL BE USED TO PROVIDE
ADDITIONAL MONEYS TO THE STATE LOTTERY FUND FOR THE PURPOSE OF PROVIDING
AID TO PUPILS (WITH SPECIAL EDUCATIONAL NEEDS AND WITH HANDICAPPING
CONDITIONS) AS SET FORTH IN ITEM (II) OF SUBDIVISION THREE OF SECTION
NINETY-TWO-C OF THE STATE FINANCE LAW.
C. IN THE EVENT THAT A VALID PRIZE CLAIM IS SUBMITTED TO THE DIVISION
MORE THAN SIX MONTHS BUT LESS THAN ONE YEAR FROM THE DATE OF THE DRAWING
OR FROM THE CLOSE OF THE GAME IN WHICH THE PRIZE WAS WON, THE DIVISION
SHALL PAY SUCH CLAIM NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION B OF
THIS SECTION. IF, AT THE TIME SUCH CLAIM IS PAID, AN AMOUNT EQUIVALENT
TO THE PRIZE AMOUNT HAS ALREADY BEEN TRANSFERRED TO THE STATE LOTTERY
FUND IN ACCORDANCE WITH SUBDIVISION B OF THIS SECTION, THEN SUCH CLAIM
SHALL BE PAID FROM SUCH FUNDS AS ARE THEN AVAILABLE IN THE LOTTERY PRIZE
ACCOUNT AND A LIKE AMOUNT SHALL BE DEDUCTED FROM ANY SUBSEQUENT TRANSFER
TO THE STATE LOTTERY FUND PURSUANT TO THIS SECTION.
D. The division may determine that a prize has been abandoned whenever
more than eighteen months have elapsed since a prize payment check was
mailed to the last known address of the claimant and either such check
has been returned undelivered by the United States postal service and
the claimant cannot be located or such check has not been returned unde-
livered and has not been presented for payment. Any prize so determined
to have been abandoned shall be paid to the state comptroller pursuant
to section thirteen hundred fifteen of the abandoned property law.
S 2. This act shall take effect immediately.