senate Bill S5169

Relates to the transportation and possession of gambling devices

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / May / 2013
    • REFERRED TO RACING, GAMING AND WAGERING
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.740
  • 22 / May / 2013
    • SUBSTITUTED BY A7336

Summary

Relates to the transportation and possession of gambling devices and effectiveness of the provisions of a chapter of the laws of 2013 relating thereto.

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Bill Details

See Assembly Version of this Bill:
A7336
Versions:
S5169
Legislative Cycle:
2013-2014
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §104, RWB L; amd §3, Chap of 2013 (as proposed in S.3792 & A.2598)

Sponsor Memo

BILL NUMBER:S5169

TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law and the penal law, in relation to the transportation and
possession of a gambling device, and to amend a chapter of the laws of
2013 amending the racing, pari-mutuel wagering and breeding law and
the penal law relating to the transportation and possession of a
gambling device, as proposed in legislative bills numbers S. 3792 and
A. 2598, in relation to the effectiveness thereof

PURPOSE OR GENERAL IDEA OF BILL:

This bill would make technical amendments to a Chapter of the Laws of
2013 which authorizes the transportation and possession of gambling
devices under certain circumstances.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would clarify the terms and conditions under which a
manufacturer or distributor may transport a gambling device into New
York State. These clarifications include the requirement that the
manufacturer or distributor provide the name of the person or persons
who will have custody of the device while it is in New York.

JUSTIFICATION:

This bill would clarify the provisions allowing manufacturers to
market and exhibit gambling devices in New York which were proposed in
legislative bills numbers S.3792 and A.2598. Provisions are included
which would authorize the New York State Gaming Commission to
establish the manner in which these devices are brought into the
state.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided that sections one and
two of this act shall take effect on the same date and in the same
mariner as a chapter of the laws of 2013 amending the racing,
pari-mutuel wagering and breeding law and the penal law relating to
the transportation and possession of a gambling, device, as proposed
in legislative bills numbers S.3792 and A.2598, takes effect.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5169

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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 racing, pari-mutuel wagering and breeding law and
  the penal law, in relation to the transportation and possession  of  a
  gambling  device,  and to amend a chapter of the laws of 2013 amending
  the racing, pari-mutuel wagering and breeding law and  the  penal  law
  relating to the transportation and possession of a gambling device, as
  proposed in legislative bills numbers S. 3792 and A. 2598, in relation
  to the effectiveness thereof

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

  Section 1. Subdivision 21 of section 104 of  the  racing,  pari-mutuel
wagering  and  breeding  law,  as added by a chapter of the laws of 2013
amending the racing, pari-mutuel wagering and breeding law and the penal
law relating to the transportation and possession of a gambling  device,
as  proposed  in  legislative  bills  numbers  S. 3792 and A.   2598, is
amended to read as follows:
  21. [Notwithstanding section 225.30 of the penal law,  the  commission
shall accept for filing the statement of any] PRIOR TO TRANSPORTING INTO
THIS STATE ANY GAMBLING DEVICES FOR THE PURPOSE OF EXHIBITION OR MARKET-
ING,  AN officer [or employee] of [a] THE manufacturer [of] OR distribu-
tor of THE gambling devices [to permit the transportation and possession
of a gambling device within the state.  The] SHALL FILE WITH THE  GAMING
COMMISSION  A statement [shall affirm] AFFIRMED under penalty of perjury
that such [device was] GAMBLING DEVICES ARE BEING transported into  this
state  in  a  sealed  container  and possessed solely for the purpose of
exhibition[,] OR marketing[, and product  development].  Such  statement
shall  [further]  specify  the  number  of  [machines] DEVICES, types of
[machines and] DEVICES, the dates upon which such [machines] DEVICES are
to be so transported and possessed within the state, which period  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10946-01-3

S. 5169                             2

not exceed two weeks, AND THE IDENTITY OF THE PERSON OR PERSONS WHO WILL
HAVE CUSTODY AND CONTROL OF THE DEVICES WHILE IN THIS STATE. SUCH STATE-
MENT  SHALL FURTHER SPECIFY THAT THE GAMBLING DEVICES WILL THEREAFTER BE
TRANSPORTED  IN  A  SEALED  CONTAINER  TO A JURISDICTION OUTSIDE OF THIS
STATE FOR PURPOSES THAT ARE LAWFUL IN SUCH OUTSIDE  JURISDICTION.    The
commission  may  [prescribe  by  regulation]  DETERMINE  the form [and],
content AND MANNER OF FILING of such statement AND SHALL  BE  AUTHORIZED
TO  PROMULGATE  ANY  RULES  AND  REGULATIONS  NECESSARY TO CARRY OUT THE
PURPOSES OF THIS SUBDIVISION.
  S 2. Subdivision e of section 225.30 of the penal law, as added  by  a
chapter  of  the  laws of 2013 amending the racing, pari-mutuel wagering
and breeding law and the penal law relating to  the  transportation  and
possession  of  a  gambling  device,  as  proposed  in legislative bills
numbers S. 3792 and A. 2598, is amended to read as follows:
  e. Transportation and possession of a gambling  device  shall  not  be
unlawful  where  (I)  THE  MANUFACTURER  OR  DISTRIBUTOR OF THE GAMBLING
DEVICE HAS FILED A STATEMENT WITH THE STATE GAMING  COMMISSION  REQUIRED
BY  SUBDIVISION  TWENTY-ONE  OF  SECTION ONE HUNDRED FOUR OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW, (II)  such  gambling  device  was
transported into this state [pursuant to paragraph twenty-one of section
one  hundred  four of the racing, pari-mutuel wagering and breeding law]
IN A SEALED CONTAINER AND POSSESSED FOR THE  PURPOSE  OF  EXHIBITION  OR
MARKETING  IN  ACCORDANCE  WITH SUCH STATEMENT, AND (III) SUCH DEVICE IS
THEREAFTER TRANSPORTED IN A SEALED CONTAINER TO A  JURISDICTION  OUTSIDE
OF THIS STATE FOR PURPOSES THAT ARE LAWFUL IN SUCH OUTSIDE JURISDICTION.
  S  3.  Section 3 of a chapter of the laws of 2013 amending the racing,
pari-mutuel wagering and breeding law and the penal law relating to  the
transportation  and  possession  of  a  gambling  device, as proposed in
legislative bills numbers S. 3792 and A.  2598, is amended  to  read  as
follows:
  S  3.  This  act shall take effect immediately[; provided however that
section one of this act shall take effect on the same date  and  in  the
same  manner  as  section 1 of part A of chapter 60 of the laws of 2012,
takes effect] AND SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND  EFFECT
ON AND AFTER MAY 1, 2013.
  S  4.  This  act shall take effect immediately; provided that sections
one and two of this act shall take effect on the same date  and  in  the
same  manner as a chapter of the laws of 2013 amending the racing, pari-
mutuel wagering and breeding law and  the  penal  law  relating  to  the
transportation  and  possession  of  a  gambling  device, as proposed in
legislative bills numbers S. 3792 and A. 2598, takes effect.

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