Permits state lottery winners to remain anonymous to the general public.
TITLE OF BILL: An act to amend the tax law, in relation to permitting state lottery winners to remain anonymous to the general public
PURPOSE: To protect the privacy of NYS lottery winners by limiting the disclosure of identifying information of any holder of a winning ticket.
SUMMARY OF PROVISIONS: Section 1 of the bill amends the tax law in relation to disclosure of personal identifying information of NYS lottery winners.
Section 2 of the bill is the effective date.
JUSTIFICATION: In recent years, high jackpot lottery drawings seem to be more common. The benefits of winning such a lottery are obvious and well known. However, there are other consequences of being a "lucky" winner - especially when identifying information about the winner is publicly disclosed. Lottery winners are besieged with requests. Sometimes the requests are legitimate (e.g. charitable donation), sometimes they are frivolous (e.g. speculative business ventures). Some requests are just scams. Public disclosure of a lottery winner's identifying information makes the winner vulnerable to this sort of activity. More importantly, it can make the lottery winner a target of criminal activity. This can include burglary, kidnapping, harassment, fraudulent lawsuits, etc.
Unfortunately, in today's economic climate, winning the lottery has become the American Dream for some people. For those lucky enough to win the lottery, protections should be in place to preserve their privacy and well-being. By addressing this issue, this legislation will maintain privacy and protect lottery winners from potential criminal activity.
LEGISLATIVE HISTORY: S7315 of 2011-12; Referred to Racing, Gaming & Wagering
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1349 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MAZIARZ -- 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 permitting state lottery winners to remain anonymous to the general public THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 1613 of the tax law, as amended by chapter 426 of the laws of 2006, is amended to read as follows: a. It shall be the duty of the director to require that all prizes over five thousand dollars in any game be awarded to holders of winning tickets for that game as provided in this section and section sixteen hundred fourteen of this article. Within one week after any drawing or selection of prize winning lottery tickets, the division shall deliver to the comptroller a certified list of the tickets to which prizes are awarded and the amount of each such prize. Upon receipt of such certi- fied list and voucher of the division, moneys sufficient for the payment of such prizes shall be paid to the division from the lottery prize account, upon audit and warrant of the comptroller. Moneys for the payment of lottery prizes shall be deposited by the director as provided in section sixteen hundred eleven of this article and the withdrawal of such moneys for the payment of prize winners shall be subject to a check signed by the director or such officers or employees of the division as the director may designate. The division shall each month provide the comptroller with a record of all such withdrawals from the director's accounts. Payment of prizes shall be made by the division to holders of the tickets to which prizes are awarded, except that payment of any prize drawn may be paid to the estate of a deceased prize winner, may be paid pursuant to a court order granted as a result of a proceeding as provided in subdivision d of this section, and except that any personEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02278-02-3 S. 1349 2
pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled. THE DIVISION SHALL NOT PUBLICLY DISCLOSE THE NAME, ADDRESS OR OTHER IDENTIFYING INFORMATION OF ANY HOLDER OF A WINNING TICKET OR REQUIRE ANY WINNING TICKET HOLDER TO PERFORM ANY PUBLIC ACTIONS IN CONNECTION WITH THE AWARDING, PAYMENT OR COLLECTION OF PRIZE MONEYS WHERE A HOLDER OF A WINNING TICKET PROVIDES A WRITTEN REQUEST TO THE DIVISION. The division shall be discharged of all further liability upon payment of a prize pursuant to this subdivision. S 2. This act shall take effect immediately.