NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8064
SPONSOR: Cymbrowitz TITLE OF BILL: An act to amend the tax law, in relation to prohibit-
ing the sale of lottery tickets to certain persons
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to deter underage gambling.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends § 1607 of the tax law by authorizing the gaming
commission to suspend or revoke a lottery license if it is determined
that a vendor has sold a lottery ticket to a prohibited person.
Section 2: Amends § 1610 of the tax law by adding criteria for who is
prohibited from purchasing lottery tickets in New York State.
Section 3: Amends tax law by adding § 1610-A which authorizes the gaming
commission to impose civil penalties for a violation related to the sale
of lottery tickets to an individual under the age of eighteen or any
other prohibited person.
JUSTIFICATION:
New York State law currently prohibits any person under the age of eigh-
teen to purchase lottery or scratch off tickets. However, it is legal
for an underage gambler to accept a lottery or scratch off ticket as a
gift if it was purchased by a person over the age of eighteen; and the
penalty to a lottery vendor for selling to underage gamblers is simply a
misdemeanor. These statutes, in combination with the continued expansion
of gambling opportunities in New York and promotion of the benefits of
gambling has enabled the social acceptance of gambling activities, even
for those who are under the legal age to gamble. It has also resulted in
a lack of community knowledge about the risks or consequences associated
with problem gambling. With these current laws and gambling practices in
place, New York has a significant number of youth who are dealing with,
or at risk for developing a gambling problem.
A survey conducted by the New York State Office of Alcoholism and
Substance Abuse Services found that approximately ten percent of
students in grades seventh thru twelfth have experienced problem gambl-
ing in the past year and may need treatment services; and another ten
percent may be at risk of developing a gambling problem. It was also
revealed that forty-three percent of the total students surveyed have
played the lottery or scratch-off games in the past year. Of the
students who were identified as experiencing a gambling problem, sixty
percent played the lottery or scratch-off games in the past year and
nineteen percent played the lottery or scratch off games on twenty or
more days in the past year. Other research has suggested that problem
gambling among adolescents has been associated with higher rates of
depression and increased risk of alcohol and substance abuse disorders.
Further, these adolescents, relative to their peers, are at greater risk
of delinquency and crime, disrupted familial/peer relationships and poor
academic performance.
New York State's underage purchasing laws for tobacco and alcohol sends
a clear message to its youth, their parents, and the general public;
selling or providing alcohol or cigarettes to youth under the legal
purchasing age is socially unacceptable. They also facilitate the
dissemination of information regarding the potential of public health
and social consequences for individuals who consume alcohol and tobacco,
especially youth. Those policies should be a model for strengthening New
York's statutes related to underage gambling. By doing so, they would be
an important tool utilized within a comprehensive youth prevention
framework that would aim to influence social norms and attitudes on
youth gambling; challenge current myths and misconceptions among youth
and the general public; and promote realistic and accurate knowledge
concerning the impact of youth gambling.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become law.
