S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2781
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 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 of 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 chapter 174 of the laws of  2013,  is
 amended to read as follows:

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

                                                            LBD00628-01-7

 S. 2781                             2
 
   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,"
 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.