S7335-2011 Actions

• Sep 7, 2012: PRINT NUMBER 7335B
• Sep 7, 2012: AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
• Aug 3, 2012: PRINT NUMBER 7335A
• Aug 3, 2012: AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING
• May 2, 2012: REFERRED TO RACING, GAMING AND WAGERING

S7335-2011 Memo

BILL NUMBER:S7335

TITLE OF BILL:

An act
to amend the tax law, in relation to authorizing the creation of the
community group assistance lottery game and to amend the state finance
law, in relation to establishing the community grant fund

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the tax law by adding a new section 1621
that creates the community group assistance lottery game. No more
than 2 scratch-off lottery games shall be developed and implemented
and whose revenue, after payment for prizes and associated
administrative costs of such games, shall be deposited in the
community grant fund.

Section 2 of the bill amends the state finance law by adding a new
section 97-1111 that creates the community grant fund as follows:

1. The fund will be in the sole custody of the state comptroller and
monies to the fund shall and not co-mingled with other funds in the
custody of the comptroller.

2. Monies of the fund shall be expended only for costs associated with
assistance for community groups administering educational,
recreational, cultural or senior programs.

3. Each county in the state shall establish a regional community grant
fund board to administer the funds directed to each county.
Appointments to such a regional community grant fund board shall
include, but need not be limited to, the county executive, one member
of the assembly and one member of the senate representing an election
district in which all or a portion of the relevant county is located,
such legislative members to be appointed by the governor, and such
other members as may be deemed necessary or appropriate by the county
executive.

4. The funding for community groups coming from the revenue generated
by the community groups assistance lottery game shall be allocated to
each county in proportion to the number of lottery sales that took
place in each county. Each regional community grant fund board shall
create a district grant program that will disperse funds to
individual groups based on need. Individual grants will be awarded
through an application process based on criteria created by each
board consistent with the purposes of this section and section 1621
of the tax law.

e. Monies shall be credited towards the fund in form of gift,
donation, federal assistance or grant, transfers, payment,
appropriation or by a dedicated revenue source including the
community groups assistance lottery game.

f. Monies of the fund shall not be used, transferred or appropriated
for any purpose other than what is provided in this section, except


that such monies may be used for minimal costs associated with
administering each direct grant program.

Section 3 of the bill sets forth an effective date of ninety days
after it shall have become a law.

JUSTIFICATION:

Since 2010, the executive branch of the state has ceased any
allocation of discretionary funds that could be used to fund local
programs in legislators' districts. The loss of these funds has
placed tremendous financial burden on local groups that have relied
on this supportive funding to provide vital community programs to the
state's residents. This loss is on top of already draconian budget
cuts that occurred in 2011 and the loss of private funding sources
that began to disappear as a result of the national economic crises
in 2002.

Community programs have been left in the cold in their efforts to
provide educational, recreational, cultural and senior programs to
communities that have relied on those services for years. This
includes things like senior centers, youth sports programs like
Little League, afterschool programs and many, many other important
community based programs.

The new lottery game proceeds that will be dedicated to the "Community
Grant Fund" will enable these important community programs to
continue to operate.

The state government cannot keep asking our citizens to bear the
tremendous burden of cuts in services to due state budget deficits
and simultaneously remove funding sources that are depended upon by
local community groups that often step in to fill the void left when
state government services are reduced or eliminated.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The act shall take effect on the ninetieth day after
it shall have become a law.

S7335-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7335
 I N  SENATE
 May 2, 2012
 
 Introduced  by  Sen.  AVELLA -- 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 authorizing the creation of
 the community group assistance lottery game and  to  amend  the  state
 finance law, in relation to establishing the community grant fund
 

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

 

Section 1. The tax law is amended by adding a new section 1621 to read
 as follows:

 

S 1621. COMMUNITY GROUPS ASSISTANCE LOTTERY GAME. A. THE  DIRECTOR  OF
 THE  DIVISION  OF  LOTTERY  SHALL DEVELOP AND IMPLEMENT NO MORE THAN TWO
 SCRATCH-OFF LOTTERY GAMES WHOSE REVENUE, AFTER PAYMENT  FOR  PRIZES  AND
 ASSOCIATED ADMINISTRATIVE COSTS OF SUCH GAMES, SHALL BE DEPOSITED IN THE
 COMMUNITY  GRANT FUND AS ESTABLISHED IN SECTION NINETY-SEVEN-LLLL OF THE
 STATE FINANCE LAW. THIS LOTTERY GAME SHALL BE MARKETED  AND  DISTRIBUTED
 IN  THE  SAME  MANNER AS ALL LOTTERY GAMES CONTROLLED BY THE DIVISION OF
 LOTTERY. THIS SECTION SHALL NOT DIMINISH  ANY  EFFORTS  OR  FUNDING  FOR
 OTHER  LOTTERY  GAMES UNDER THE CONTROL OF THE DIVISION OF LOTTERY. EACH
 TICKET SHALL CLEARLY STATE  THAT  ALL  PROCEEDS  FROM  TICKET  SALES  GO
 TOWARDS THE COMMUNITY GRANT FUND.
 B.  THE  DIVISION OF LOTTERY SHALL ESTABLISH AND BEGIN SELLING TICKETS
 AS REQUIRED BY THIS SECTION NO LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWELVE.
 

S  2. The state finance law is amended by adding a new section 97-llll
 to read as follows:

 

S 97-LLLL. COMMUNITY GRANT FUND. 1. THE COMMUNITY GRANT FUND IS ESTAB
 LISHED IN THE SOLE CUSTODY OF THE STATE COMPTROLLER. MONIES IN THE  FUND
 SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH OTHER FUNDS IN THE CUSTO
 DY OF THE COMPTROLLER.
 2. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COSTS ASSOCIATED WITH
 ASSISTANCE FOR COMMUNITY GROUPS ADMINISTERING EDUCATIONAL, RECREATIONAL,
 CULTURAL  OR  SENIOR PROGRAMS. MONIES SHALL BE AVAILABLE TO THE REGIONAL
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15668-01-2
 
       S. 7335                             2
 COMMUNITY GRANT FUND BOARD, AS ESTABLISHED BY SUBDIVISION THREE OF  THIS
 SECTION.
 3.  EACH  COUNTY SHALL ESTABLISH A REGIONAL COMMUNITY GRANT FUND BOARD
 TO ADMINISTER THE FUNDS DIRECTED TO EACH COUNTY. APPOINTMENTS TO SUCH  A
 REGIONAL  COMMUNITY  GRANT  FUND  BOARD  SHALL  INCLUDE, BUT NEED NOT BE
 LIMITED TO, THE COUNTY EXECUTIVE, ONE MEMBER OF  THE  ASSEMBLY  AND  ONE
 MEMBER OF THE SENATE REPRESENTING AN ELECTION DISTRICT IN WHICH ALL OR A
 PORTION  OF  THE RELEVANT COUNTY IS LOCATED, SUCH LEGISLATIVE MEMBERS TO
 BE APPOINTED BY THE GOVERNOR, AND SUCH OTHER MEMBERS AS  MAY  BE  DEEMED
 NECESSARY OR APPROPRIATE BY THE COUNTY EXECUTIVE.
 4.  EACH  REGIONAL  COMMUNITY  GRANT  FUND BOARD SHALL CREATE A DIRECT
 GRANT PROGRAM THAT WILL DISPERSE FUNDS TO  INDIVIDUAL  GROUPS  BASED  ON
 NEED.  THE  INDIVIDUAL  GRANTS  SHALL  BE AWARDED THROUGH AN APPLICATION
 PROCESS BASED ON CRITERIA CREATED BY  EACH  BOARD  CONSISTENT  WITH  THE
 PURPOSES   SET  FORTH  IN  THIS  SECTION  AND  SECTION  SIXTEEN  HUNDRED
 TWENTY-ONE OF THE TAX LAW. THE FUNDING FOR COMMUNITY GROUPS, THE  SOURCE
 OF  WHICH IS THE COMMUNITY GROUPS ASSISTANCE LOTTERY GAME AS ESTABLISHED
 IN SECTION SIXTEEN HUNDRED TWENTY-ONE OF THE TAX LAW, SHALL BE ALLOCATED
 TO EACH COUNTY IN PROPORTION TO THE NUMBER OF LOTTERY  SALES  THAT  TOOK
 PLACE  IN  EACH  COUNTY.  THE  FUNDING FOR COMMUNITY GROUPS FROM SOURCES
 OTHER THAN SUCH LOTTERY GAME SHALL BE APPLIED BASED UPON NEED.
 5. MONIES SHALL  BE  CREDITED  TOWARDS  THE  FUND  IN  FORM  OF  GIFT,
 DONATION, FEDERAL ASSISTANCE OR GRANT, TRANSFERS, PAYMENT, APPROPRIATION
 OR  BY A DEDICATED REVENUE SOURCE INCLUDING THE COMMUNITY GROUPS ASSIST
 ANCE LOTTERY GAME AS ESTABLISHED IN SECTION SIXTEEN  HUNDRED  TWENTY-ONE
 OF THE TAX LAW.
 6.  MONIES  OF THE FUND SHALL NOT BE USED, TRANSFERRED OR APPROPRIATED
 FOR ANY PURPOSE OTHER THAN WHAT IS PROVIDED IN THIS SECTION, EXCEPT THAT
 SUCH MONIES MAY BE USED FOR MINIMAL COSTS ASSOCIATED WITH  ADMINISTERING
 EACH DIRECT GRANT PROGRAM.
 

S  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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