Bill Text: NY S01895 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates the "Play for the Cure" breast cancer education lottery to fund breast cancer educational projects; provides for the creation of a special instant scratch off game; creates a separate account for the proceeds, which may be used only for breast cancer educational projects; the game shall be discontinued June 30, 2015.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO RACING, GAMING AND WAGERING [S01895 Detail]
Download: New_York-2009-S01895-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1895 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. KLEIN, DIAZ, HASSELL-THOMPSON, ONORATO, SAMPSON, SAVINO, SMITH -- 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 and the state finance law, in relation to creating the "Play for the Cure" breast cancer education lottery to fund breast cancer education THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The tax law is amended by adding a new section 1621 to 2 read as follows: 3 S 1621. "PLAY FOR THE CURE" BREAST CANCER EDUCATION LOTTERY. A. THE 4 DIVISION SHALL OFFER A SPECIAL "PLAY FOR THE CURE" BREAST CANCER EDUCA- 5 TION INSTANT SCRATCH-OFF GAME FOR WHICH TICKETS SHALL BE SOLD THROUGHOUT 6 THE STATE. SUCH GAME SHALL COMMENCE ON FEBRUARY FIFTEENTH, TWO THOUSAND 7 NINE OR AS SOON THEREAFTER, IN THE DISCRETION OF THE DIRECTOR, AS IS 8 REASONABLY PRACTICABLE, AND SHALL BE DISCONTINUED ON JUNE THIRTIETH, TWO 9 THOUSAND FIFTEEN. THE OPERATION OF SUCH GAME SHALL BE GOVERNED BY THE 10 PROVISIONS OF THIS ARTICLE AND ANY REGULATIONS ADOPTED BY THE DIVISION. 11 IF THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH ANY OTHER 12 PROVISION OF LAW, THIS SECTION SHALL GOVERN. 13 B. DURING ANY FISCAL YEAR OF THE STATE IN WHICH TICKETS ARE SOLD FOR 14 SUCH GAME, THE DIVISION SHALL NOT DIMINISH UNREASONABLY THE EFFORTS 15 DEVOTED TO MARKETING ANY OTHER INSTANT SCRATCH-OFF LOTTERY GAME. 16 C. UPON APPLICATION, THE DIVISION SHALL LICENSE ANY AGENCY DESIGNATED 17 BY THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN, OR VILLAGE IN WHICH IT 18 IS LOCATED AS AN AGENT TO SELL TICKETS IN SUCH GAME, PROVIDED, HOWEVER, 19 THAT THE LOCATION OF ANY SUCH LICENSEE'S MARKETING OUTLETS SHALL BE 20 SUBJECT TO THE DIRECTOR'S APPROVAL, WHICH SHALL NOT BE WITHHELD UNREA- 21 SONABLY. THE DIVISION ALSO MAY LICENSE ANY PARTNERSHIP, CORPORATION OR 22 OTHER BUSINESS ORGANIZATION MAINTAINING A PLACE OF BUSINESS WITHIN THE 23 STATE AS AN AGENT TO SELL TICKETS IN SUCH GAME. NOTHING IN THIS ARTICLE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05188-01-9 S. 1895 2 1 SHALL PREVENT PERSONS FROM GIVING SUCH TICKETS AS PREMIUMS TO CUSTOMERS, 2 EMPLOYEES OR OTHERS WITH WHOM THEY DEAL. 3 D. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT FOR WHICH TICKETS 4 HAVE BEEN SOLD FOR SUCH GAME SHALL BE PAYABLE AS LOTTERY PRIZES. 5 E. FIFTEEN PERCENT OF THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN 6 SOLD FOR SUCH GAME SHALL BE RETAINED BY THE DIVISION FOR THE EXPENSES OF 7 ADMINISTERING SUCH GAME, SUBJECT TO ADJUSTMENT AS PROVIDED FOR IN SUBDI- 8 VISION H OF THIS SECTION. IN NO CASE SHALL THE EXPENSE OF ADMINISTERING 9 SUCH GAME EXCEED FIFTEEN PERCENT OF SUCH TOTAL AMOUNT. 10 F. FROM APRIL THROUGH FEBRUARY OF EACH FISCAL YEAR ENDING PRIOR TO 11 APRIL FIRST, TWO THOUSAND FIFTEEN, AND FROM APRIL THROUGH JUNE OF THE 12 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND FIFTEEN, THE DIVISION 13 SHALL RETAIN TEN PERCENT OF THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN 14 SOLD FOR SUCH GAME, AND THE RETAINED AMOUNT SHALL BE MADE AVAILABLE FOR 15 PAYMENT INTO THE STATE LOTTERY FUND IF REQUIRED BY SUBDIVISION I OF THIS 16 SECTION. UPON SATISFACTION OF ANY PAYMENT INTO THE STATE LOTTERY FUND 17 REQUIRED BY SUBDIVISION I OF THIS SECTION, ANY BALANCE OF AMOUNTS 18 RETAINED BY THE DIVISION PURSUANT TO THIS SUBDIVISION, PLUS ANY INTEREST 19 ACCRUED THEREON, SHALL, AT THE END OF MARCH OF EACH FISCAL YEAR ENDING 20 PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN AND AT THE END OF JULY OF THE 21 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND FIFTEEN, BE DEPOSITED 22 IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-SEVEN-YY OF THE 23 STATE FINANCE LAW (THE BREAST CANCER RESEARCH AND EDUCATION FUND). IF 24 NO SUCH PAYMENT IS REQUIRED BY SUBDIVISION I OF THIS SECTION, THEN THE 25 TOTAL AMOUNT RETAINED PURSUANT TO THIS SUBDIVISION, PLUS ANY INTEREST 26 ACCRUED THEREON, SHALL BE SO DEPOSITED. 27 G. THE AMOUNT REMAINING AFTER PROVISION FOR PRIZES, EXPENSES AND THE 28 RETAINED AMOUNT REQUIRED BY SUBDIVISION F OF THIS SECTION SHALL BE 29 DEPOSITED BY THE DIVISION IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION 30 NINETY-SEVEN-YY OF THE STATE FINANCE LAW AT LEAST ONCE DURING EACH 31 MONTH. 32 H. ON OR BEFORE THE LAST BUSINESS DAY OF EACH FISCAL YEAR ENDING PRIOR 33 TO APRIL FIRST, TWO THOUSAND FIFTEEN, AND ON OR BEFORE THE LAST DAY OF 34 JUNE IN THE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND FIFTEEN, 35 THE DIVISION SHALL DETERMINE ALL EXPENSES ATTRIBUTABLE TO SUCH GAME 36 DURING SUCH FISCAL YEAR OR PERIOD. IF THE AMOUNT SO DETERMINED IS LESS 37 THAN FIFTEEN PERCENT OF THE AMOUNT FOR WHICH TICKETS WERE SOLD FOR SUCH 38 GAME DURING SUCH FISCAL YEAR OR PERIOD, THE SUM EQUAL TO THE DIFFERENCE 39 BETWEEN THE TWO AMOUNTS, PLUS ANY INTEREST ACCRUED THEREON, SHALL BE 40 DEPOSITED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-SEVEN-YY 41 OF THE STATE FINANCE LAW. 42 I. (1) (A) ON OR BEFORE THE FIFTEENTH DAY OF THE FIRST FULL MONTH IN 43 TWO THOUSAND TEN IN WHICH "PLAY FOR THE CURE" BREAST CANCER EDUCATION 44 INSTANT SCRATCH-OFF LOTTERY TICKETS ARE FIRST SOLD, THE DIRECTOR SHALL 45 CALCULATE THE GROSS AND NET REVENUES FROM SALES OF INSTANT SCRATCH-OFF 46 LOTTERY TICKETS WITHIN THE STATE DURING THE PERIOD COMMENCING ON THE 47 FIRST DAY OF THE CORRESPONDING MONTH IN TWO THOUSAND TEN AND ENDING ON 48 THE LAST DAY OF FEBRUARY, TWO THOUSAND ELEVEN. TO EACH SUCH AMOUNT 49 SHALL BE ADDED AN AMOUNT EQUAL TO FIVE PERCENT THEREOF, AND, FOR 50 PURPOSES OF THIS SECTION, THE AMOUNTS THUS OBTAINED SHALL BE THE 51 PROJECTED GROSS AND NET REVENUE TOTALS FOR THE PART-YEAR PERIOD ENDING 52 ON THE LAST DAY OF FEBRUARY, TWO THOUSAND TWELVE. 53 (B) ON OR BEFORE THE FIFTEENTH DAY OF MARCH, TWO THOUSAND ELEVEN, THE 54 DIRECTOR SHALL CALCULATE THE GROSS AND NET REVENUES FROM SALES OF 55 INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN THE STATE DURING THE PRECED- 56 ING TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY, TWO THOUSAND S. 1895 3 1 ELEVEN. TO EACH SUCH AMOUNT SHALL BE ADDED AN AMOUNT EQUAL TO FIVE 2 PERCENT THEREOF, AND, FOR PURPOSES OF THIS SECTION, THE AMOUNTS THUS 3 OBTAINED SHALL BE THE PROJECTED GROSS AND NET REVENUE TOTALS FOR THE 4 TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY, TWO THOUSAND 5 TWELVE. FOR THE TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY 6 IN EACH YEAR THEREAFTER, THROUGH AND INCLUDING THE LAST DAY OF FEBRUARY 7 IN THE YEAR TWO THOUSAND FOURTEEN, THE PROJECTED GROSS AND NET REVENUE 8 TOTALS FOR EACH SUCH PERIOD SHALL BE THE AMOUNTS OBTAINED WHEN THE 9 PROJECTED GROSS AND NET REVENUE TOTALS FOR THE IMMEDIATELY PRECEDING 10 TWELVE-MONTH PERIOD ARE INCREASED BY AN AMOUNT EQUAL TO FIVE PERCENT 11 THEREOF. 12 (2) (A) ON OR BEFORE THE FIFTEENTH DAY OF MARCH, TWO THOUSAND TWELVE, 13 THE DIRECTOR SHALL CALCULATE THE ACTUAL GROSS REVENUE TOTAL FOR THE 14 PRECEDING PART-YEAR PERIOD COMMENCING WITH THE FIRST FULL MONTH IN WHICH 15 "PLAY FOR THE CURE" BREAST CANCER EDUCATION INSTANT SCRATCH-OFF LOTTERY 16 TICKETS WERE SOLD AND ENDING ON THE LAST DAY OF FEBRUARY, TWO THOUSAND 17 TWELVE FROM THE SALES OF INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN THE 18 STATE, EXCLUDING SALES OF THE "PLAY FOR THE CURE" BREAST CANCER EDUCA- 19 TION INSTANT SCRATCH-OFF GAME. IF THE ACTUAL GROSS REVENUE TOTAL SO 20 CALCULATED IS LESS THAN THE PROJECTED GROSS REVENUE TOTAL FOR SUCH 21 PART-YEAR PERIOD AND THE REASON FOR SUCH DIFFERENCE IS NOT THE ELIMI- 22 NATION OF ALL OTHER INSTANT SCRATCH-OFF LOTTERY GAMES WITHIN THE STATE, 23 THEN THE AMOUNT, IF ANY, BY WHICH THE PROJECTED NET REVENUE TOTAL FOR 24 SUCH PART-YEAR PERIOD EXCEEDS THE ACTUAL NET REVENUE TOTAL FOR SUCH 25 PART-YEAR PERIOD SHALL BE DETERMINED AND ALL MONEYS WHICH WOULD OTHER- 26 WISE BE DEPOSITED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY- 27 SEVEN-YY OF THE STATE FINANCE LAW SHALL BE PAID, INSTEAD, INTO THE STATE 28 LOTTERY FUND UNTIL AN AMOUNT EQUAL TO THE EXCESS HAS BEEN SO TRANS- 29 FERRED. 30 (B) ON OR BEFORE THE FIFTEENTH DAY OF MARCH, TWO THOUSAND THIRTEEN, 31 AND ON OR BEFORE THE FIFTEENTH DAY OF MARCH IN EACH YEAR THEREAFTER, 32 THROUGH AND INCLUDING THE FIFTEENTH DAY OF MARCH, TWO THOUSAND FIFTEEN, 33 THE DIRECTOR SHALL CALCULATE THE ACTUAL GROSS REVENUE TOTAL FOR THE 34 PRECEDING TWELVE-MONTH PERIOD ENDING ON THE LAST DAY OF FEBRUARY FROM 35 THE SALES OF INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN THE STATE, 36 EXCLUDING SALES OF THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION 37 INSTANT SCRATCH-OFF GAME. IF THE ACTUAL GROSS REVENUE TOTAL SO CALCU- 38 LATED IS LESS THAN THE PROJECTED GROSS REVENUE TOTAL FOR SUCH 39 TWELVE-MONTH PERIOD AND THE REASON FOR SUCH DIFFERENCE IS NOT THE ELIMI- 40 NATION OF ALL OTHER INSTANT SCRATCH-OFF LOTTERY GAMES WITHIN THE STATE, 41 THEN THE AMOUNT, IF ANY, BY WHICH THE PROJECTED NET REVENUE TOTAL FOR 42 SUCH TWELVE-MONTH PERIOD EXCEEDS THE ACTUAL NET REVENUE TOTAL FOR SUCH 43 TWELVE-MONTH PERIOD SHALL BE DETERMINED AND ALL MONEYS WHICH WOULD 44 OTHERWISE BE DEPOSITED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION 45 NINETY-SEVEN-YY OF THE STATE FINANCE LAW SHALL BE PAID, INSTEAD, INTO 46 THE STATE LOTTERY FUND UNTIL AN AMOUNT EQUAL TO THE EXCESS HAS BEEN SO 47 TRANSFERRED. 48 (C) ON OR BEFORE THE FIFTEENTH DAY OF JULY, TWO THOUSAND FIFTEEN, THE 49 DIRECTOR SHALL CALCULATE THE ACTUAL GROSS REVENUE TOTAL FOR THE IMME- 50 DIATELY PRECEDING FOUR-MONTH PERIOD ENDING ON JUNE THIRTIETH, TWO THOU- 51 SAND FIFTEEN FROM SALES OF INSTANT SCRATCH-OFF LOTTERY TICKETS WITHIN 52 THE CITY OF NEW YORK, EXCLUDING SALES OF THE "PLAY FOR THE CURE" BREAST 53 CANCER EDUCATION INSTANT SCRATCH-OFF GAME. IF THE ACTUAL GROSS REVENUE 54 TOTAL SO CALCULATED IS LESS THAN THIRTY-THREE AND ONE-THIRD PERCENT OF 55 THE PROJECTED GROSS REVENUE TOTAL FOR THE TWELVE-MONTH PERIOD ENDING ON 56 THE LAST DAY OF FEBRUARY IN THE YEAR TWO THOUSAND SIXTEEN, AND THE S. 1895 4 1 REASON FOR SUCH DIFFERENCE IS NOT THE ELIMINATION OF ALL OTHER INSTANT 2 SCRATCH-OFF LOTTERY GAMES WITHIN THE STATE, THEN THE AMOUNT, IF ANY, BY 3 WHICH THIRTY-THREE AND ONE-THIRD PERCENT OF THE PROJECTED NET REVENUE 4 TOTAL FOR SUCH TWELVE-MONTH PERIOD EXCEEDS THE ACTUAL NET REVENUE TOTAL 5 FOR SUCH FOUR-MONTH PERIOD SHALL BE DETERMINED, AND THE AMOUNT OF SUCH 6 EXCESS SHALL BE PAID INTO THE STATE LOTTERY FUND FROM ANY MONEYS AVAIL- 7 ABLE FROM SALES OF THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION 8 INSTANT SCRATCH-OFF GAME WHICH HAVE NOT THERETOFORE BEEN DEPOSITED IN 9 ACCORDANCE WITH SUBDIVISION TWO OF SECTION NINETY-SEVEN-YY OF THE STATE 10 FINANCE LAW. 11 J. FOR PURPOSES OF THIS SECTION: 12 (1) "GROSS REVENUE" MEANS THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN 13 SOLD. 14 (2) "NET REVENUE" MEANS THE TOTAL AMOUNT FOR WHICH TICKETS HAVE BEEN 15 SOLD LESS THE SUM OF THE AMOUNT PAID OUT IN PRIZES AND THE ACTUAL ADMIN- 16 ISTRATIVE EXPENSES OF THE DIVISION. 17 S 2. Subdivisions 2, 2-a and 3 of section 97-yy of the state finance 18 law, subdivisions 2 and 2-a as amended by chapter 385 of the laws of 19 2007 and subdivision 3 as added by chapter 279 of the laws of 1996, are 20 amended to read as follows: 21 2. Such fund shall consist of all revenues received by the department 22 of taxation and finance, pursuant to the provisions of section two 23 hundred nine-D and section six hundred twenty-seven of the tax law, all 24 moneys collected pursuant to section four hundred four-q of the vehicle 25 and traffic law, as added by chapter five hundred twenty-eight of the 26 laws of nineteen hundred ninety-nine, and all other moneys appropriated, 27 credited, or transferred thereto from any other fund or source pursuant 28 to law. MONIES DEPOSITED INTO THE FUND PURSUANT TO SECTION SIXTEEN 29 HUNDRED TWENTY-ONE OF THE TAX LAW SHALL BE KEPT IN A SEPARATE ACCOUNT 30 KNOWN AS THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION ACCOUNT. For 31 each state fiscal year, there shall be appropriated to the fund by the 32 state, in addition to all other moneys required to be deposited into 33 such fund, an amount equal to the amounts of monies collected and depos- 34 ited into the fund pursuant to sections two hundred nine-D and six 35 hundred twenty-seven of the tax law and section four hundred four-q of 36 the vehicle and traffic law, as added by chapter five hundred twenty- 37 eight of the laws of nineteen hundred ninety-nine, and the amounts of 38 moneys received and deposited into the fund from grants, gifts and 39 bequests during the preceding calendar year, as certified by the comp- 40 troller. Nothing contained herein shall prevent the state from receiving 41 grants, gifts or bequests for the purposes of the fund as defined in 42 this section and depositing them into the fund according to law. 43 2-a. On or before the first day of February each year, the comptroller 44 shall certify to the governor, temporary president of the senate, speak- 45 er of the assembly, chair of the senate finance committee and chair of 46 the assembly ways and means committee, the amount of money deposited in 47 the breast cancer research and education fund during the preceding 48 calendar year as the result of revenue derived pursuant to sections two 49 hundred nine-D [and], six hundred twenty-seven, AND SIXTEEN HUNDRED 50 TWENTY-ONE of the tax law and section four hundred four-q of the vehicle 51 and traffic law, as added by chapter five hundred twenty-eight of the 52 laws of nineteen hundred ninety-nine, and from grants, gifts and 53 bequests. 54 3. Monies of the fund shall be expended only for breast cancer 55 research and educational projects. As used in this section, "breast 56 cancer research and education projects" means scientific research or S. 1895 5 1 educational projects which, pursuant to section two thousand four 2 hundred eleven of the public health law, are approved by the department 3 of health, upon the recommendation of the health research science board. 4 MONIES KEPT IN THE "PLAY FOR THE CURE" BREAST CANCER EDUCATION ACCOUNT 5 SHALL BE EXPENDED ONLY FOR BREAST CANCER EDUCATIONAL PROJECTS. 6 S 3. This act shall take effect immediately.