NY State Senate Bill 2015-S863A

Senate Bill S863A

2015-2016 Legislative Session

Relates to certain unclaimed and abandoned prize money and establishes the kindergarten conversion fund

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2016	print number 863a
Jan 13, 2016	amend (t) and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2015-S863 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §1614, Tax L; add §99-y, St Fin L
Versions Introduced in 2013-2014 Legislative Session:: S4959

2015-S863 - Summary

Relates to certain unclaimed and abandoned prize money and establishes the kindergarten conversion fund.

2015-S863 - Sponsor Memo

                                BILL NUMBER:S863

TITLE OF BILL:

An act to amend the tax law, in relation to certain unclaimed and
abandoned prize money; and to amend the state finance law, in relation
to establishing the kindergarten reserve fund

PURPOSE:

To require that unclaimed and abandoned lottery prize money be
transferred to the newly created "kindergarten reserve fund" for the
purposes of funding kindergarten programs in the state.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision a of section 1614 of the tax law to
require that unclaimed or abandoned lottery prize money be transferred
to the "kindergarten reserve fund" and distributed to elementary
schools to provide funds for kindergarten programs.

Section 2. Adds a new section 99-w to the state finance law to
establish the kindergarten reserve fund, which shall consist of all
unclaimed and abandoned lottery prize money, and all other moneys
credited or transferred thereto from any other fund or source. Such
funds, following appropriation by the Legislature, shall be made

available to the State Education Department for the purposes of
funding kindergarten programs.

Section 3. Effective date.

EXISTING LAW:

Under current law, any lottery prize money that is not claimed within
one year from the date of the drawing or from the close of the game in
which the prize was won is forfeited and retained in the lottery prize
account to be used for payment of any special lotto or supplemental
lotto prizes that may be offered, or for promotional purposes to
supplement other lottery games on an occasional basis.

JUSTIFICATION:

Numerous studies have shown that children's early learning experiences
have a profound effect on their development. These early interactions
directly affect the way connections are made in the brain. Early
learning experiences are crucial to the future well-being of children,
and establish the foundation for the acquisition of knowledge and
skills that will affect later learning and behavior.

The importance of early education, and the need for all children to
have access to kindergarten, has long been recognized in New York and
all of the state's school districts are currently offering some form
of kindergarten program. Unfortunately, with school districts facing
budget cuts and other fiscal difficulties, many are considering either
reducing their kindergarten instruction to half-day or eliminating
kindergarten completely. This legislation will provide much needed
funds to school districts to support their kindergarten programs so


that every child in New York will continue to have access to the
important benefits kindergarten offers.

LEGISLATIVE HISTORY:

2013-14: S4959 - Investigations & Government Operations

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S863 - Bill Text download pdf

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

                                   863

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- 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 certain unclaimed and  aban-
  doned  prize money; and to amend the state finance law, in relation to
  establishing the kindergarten reserve fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 1614 of the tax law, as amended by
chapter 170 of the laws of 1994, is amended to read as follows:
  a.  No prize claim shall be valid if submitted to the division follow-
ing the expiration of a one-year time period from the date of the  draw-
ing  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 enti-
tlement 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 specified in this article, or for promo-
tional 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.] TRANSFERRED TO THE STATE COMPTROLLER FOR DEPOSIT IN THE "KINDERGAR-
TEN  RESERVE  FUND" ESTABLISHED PURSUANT TO SECTION NINETY-NINE-W OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03199-01-5

S. 863                              2

STATE FINANCE LAW AND  DISTRIBUTED  TO  ELEMENTARY  SCHOOLS  TO  PROVIDE
MONEYS FOR KINDERGARTEN PROGRAMS.
  S  2. The state finance law is amended by adding a new section 99-w to
read as follows:
  S 99-W. THE KINDERGARTEN RESERVE FUND. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE AN ACCOUNT TO BE KNOWN AS THE KINDERGARTEN  RESERVE
FUND.
  2.  SUCH  ACCOUNT  SHALL CONSIST OF ALL REVENUES GENERATED PURSUANT TO
SECTION ONE THOUSAND SIX HUNDRED FOURTEEN OF THE TAX LAW AND  ALL  OTHER
MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW.
  3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY  THE  LEGISLATURE
SHALL  BE  MADE  AVAILABLE  TO  THE  STATE  EDUCATION DEPARTMENT FOR THE
PURPOSES OF FUNDING KINDERGARTEN PROGRAMS UPON APPROVAL BY SUCH  DEPART-
MENT.    MONEY SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE  STATE
EDUCATION DEPARTMENT.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S863A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §1614, Tax L; add §99-y, St Fin L
Versions Introduced in 2013-2014 Legislative Session:: S4959

2015-S863A (ACTIVE) - Summary

Relates to certain unclaimed and abandoned prize money and establishes the kindergarten conversion fund.

2015-S863A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S863A

 TITLE OF BILL :

An act to amend the tax law, in relation to certain unclaimed and
abandoned prize money; and to amend the state finance law, in relation
to establishing the kindergarten conversion fund

 PURPOSE :

To require that unclaimed and abandoned lottery prize money be
transferred to the newly created "Kindergarten Conversion Fund" for
the purposes of funding kindergarten programs and capital expenses in
the state.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision a of section 1614 of the tax law to
require that unclaimed or abandoned lottery prize money be transferred
to the "Kindergarten Conversion Fund" and distributed to elementary
schools to provide funds for kindergarten programs and for capital
expenses associated with the program.

Section 2. Adds a new section 99-y to the state finance law to
establish the kindergarten reserve fund, which shall consist of all
unclaimed and abandoned lottery prize money, and all other moneys

credited or transferred thereto from any other fund or source. Such
funds, following appropriation by the Legislature, shall be made
available to the State Education Department for the purposes of
funding kindergarten programs and capital expenses related to the
program.

Section 3. Effective date.

 JUSTIFICATION :

Numerous studies have shown that children's early learning experiences
have a profound effect on their development. These early interactions
directly affect the way connections are made in the brain. Early
learning experiences are crucial to the future well-being of children,
and establish the foundation for the acquisition of knowledge and
skills that will affect later learning and behavior.

The importance of early education, and the need for all children to
have access to kindergarten, has long been recognized in New York and
all of the state's school districts are currently offering some form
of kindergarten program. Unfortunately, with school districts facing
budget cuts and other fiscal difficulties, many are considering either
reducing their kindergarten instruction to half-day or eliminating
kindergarten completely. This legislation will provide much needed
funds to school districts to support their kindergarten programs so
that every child in New York will continue to have access to the
important benefits kindergarten offers.

 LEGISLATIVE HISTORY :

New Bills

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S863A (ACTIVE) - Bill Text download pdf

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

                                 863--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the tax law, in relation to certain unclaimed and aban-
  doned prize money; and to amend the state finance law, in relation  to
  establishing the kindergarten conversion fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 1614 of the tax law, as amended by
chapter 170 of the laws of 1994, is amended to read as follows:
  a. No prize claim shall be valid if submitted to the division  follow-
ing  the expiration of a one-year time period from the date of the draw-
ing 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 enti-
tlement  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 specified in this article, or  for  promo-
tional  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03199-02-6

S. 863--A                           2

es.] TRANSFERRED TO THE STATE COMPTROLLER FOR DEPOSIT IN THE "KINDERGAR-
TEN CONVERSION FUND" ESTABLISHED PURSUANT TO  SECTION  NINETY-NINE-Y  OF
THE  STATE  FINANCE LAW AND DISTRIBUTED TO ELEMENTARY SCHOOLS TO PROVIDE
MONEYS  FOR  THE EXPANSION OF KINDERGARTEN PROGRAMS AND CAPITAL EXPENSES
INCURRED BY THE KINDERGARTEN PROGRAM.
  S 2. The state finance law is amended by adding a new section 99-y  to
read as follows:
  S  99-Y.  THE  KINDERGARTEN CONVERSION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE AN ACCOUNT TO BE KNOWN  AS  THE  KINDERGARTEN
CONVERSION FUND.
  2.  SUCH  ACCOUNT  SHALL CONSIST OF ALL REVENUES GENERATED PURSUANT TO
SECTION ONE THOUSAND SIX HUNDRED FOURTEEN OF THE TAX LAW AND  ALL  OTHER
MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW.
  3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY  THE  LEGISLATURE
SHALL  BE  MADE  AVAILABLE  TO  THE  STATE  EDUCATION DEPARTMENT FOR THE
PURPOSES OF FUNDING KINDERGARTEN PROGRAMS AND CAPITAL EXPENSES  INCURRED
BY  THE  KINDERGARTEN  PROGRAM  UPON APPROVAL BY SUCH DEPARTMENT.  MONEY
SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT AND WARRANT OF  THE  STATE
COMPTROLLER  ON  VOUCHERS  CERTIFIED  OR APPROVED BY THE STATE EDUCATION
DEPARTMENT.
  S 3. This act shall take effect immediately.

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