Bill Text: NY A04728 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Directs that unclaimed or abandoned lottery prizes be used to make state aid payments due for prior years to public schools and deletes provisions allocating such funds to be used for payment of special lotto prizes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A04728 Detail]

Download: New_York-2011-A04728-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4728
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 7, 2011
                                      ___________
       Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
         Committee on Ways and Means
       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:
    1    Section 1. Section 1614 of the tax law, as amended by chapter  166  of
    2  the laws of 1991, subdivision a as amended by chapter 170 of the laws of
    3  1994, is amended to read as follows:
    4    S  1614.  Unclaimed and abandoned prize money. a. No prize claim shall
    5  be valid if submitted to the division  following  the  expiration  of  a
    6  one-year  time  period from the date of the drawing or from the close of
    7  the game in which a prize was won, and the person otherwise entitled  to
    8  such  prize shall forfeit any claim or entitlement to such prize moneys.
    9  Unclaimed prize money, plus interest earned thereon, shall be  [retained
   10  in  the lottery prize account to be used for payment of special lotto or
   11  supplemental lotto prizes offered pursuant to the plan or  plans  speci-
   12  fied  in  this  article, or for promotional purposes to supplement other
   13  games on an occasional basis not to  exceed  sixteen  weeks  within  any
   14  twelve  month  period  pursuant  to  the plan or plans specified in this
   15  article.
   16    In the event that the director proposes to change any plan for the use
   17  of unclaimed prize funds or in the event the  director  intends  to  use
   18  funds  in  a  game  other  than the game from which such unclaimed prize
   19  funds were derived, the director of the budget, the chairperson  of  the
   20  senate  finance  committee, and the chairperson of the assembly ways and
   21  means committee shall be notified in writing  separately  detailing  the
   22  proposed changes to any plan prior to the implementation of the changes]
   23  PAID  TO  THE  STATE  COMPTROLLER.  THE STATE COMPTROLLER IS DIRECTED TO
   24  CREDIT SUCH AMOUNT TO THE  EDUCATION  DEPARTMENT,  GENERAL  FUND/AID  TO
   25  LOCALITIES,  LOCAL  ASSISTANCE  ACCOUNT,  FOR GENERAL SUPPORT FOR PUBLIC
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01123-01-1
       A. 4728                             2
    1  SCHOOLS, PROVIDED THAT SUCH AMOUNT SHALL BE USED SOLELY FOR THE PURPOSES
    2  OF PROVIDING ADDITIONAL SUPPORT FOR THE PURPOSES SPECIFIED IN  PARAGRAPH
    3  C  OF  SUBDIVISION FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THE EDUCA-
    4  TION LAW, BEYOND MONEYS OTHERWISE APPROPRIATED FOR SUCH PURPOSES.
    5    b.  The division may determine that a prize has been abandoned whenev-
    6  er  more  than  eighteen months have elapsed since a prize payment check
    7  was mailed to the last known address of the  claimant  and  either  such
    8  check  has been returned undelivered by the United States postal service
    9  and the claimant cannot be located or such check has not  been  returned
   10  undelivered  and has not been presented for payment. Any prize so deter-
   11  mined to have been abandoned shall be  paid  to  the  state  comptroller
   12  [pursuant  to section thirteen hundred fifteen of the abandoned property
   13  law].  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION  TO  THE
   14  CONTRARY,  THE STATE COMPTROLLER IS DIRECTED TO CREDIT SUCH PRIZE AMOUNT
   15  THAT HAS BEEN DETERMINED TO HAVE BEEN  ABANDONED,  AND  ANY  SUCH  PRIZE
   16  AMOUNTS  DETERMINED  TO  HAVE BEEN ABANDONED WHICH HAVE BEEN PAID TO THE
   17  STATE COMPTROLLER PURSUANT TO SECTION THIRTEEN HUNDRED  FIFTEEN  OF  THE
   18  ABANDONED PROPERTY LAW, TO THE EDUCATION DEPARTMENT, GENERAL FUND/AID TO
   19  LOCALITIES,  LOCAL  ASSISTANCE  ACCOUNT,  FOR GENERAL SUPPORT FOR PUBLIC
   20  SCHOOLS, PROVIDED THAT SUCH AMOUNT SHALL BE USED SOLELY FOR THE PURPOSES
   21  OF PROVIDING ADDITIONAL SUPPORT FOR THE PURPOSES SPECIFIED IN  PARAGRAPH
   22  C  OF  SUBDIVISION FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THE EDUCA-
   23  TION LAW, BEYOND MONEYS OTHERWISE APPROPRIATED FOR SUCH PURPOSES.
   24    S 2. This act shall take effect immediately.