NY State Senate Bill 2009-S5671

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2010	print number 5671a
Mar 17, 2010	amend and recommit to codes
Feb 09, 2010	reported and committed to codes
Jan 06, 2010	referred to racing, gaming and wagering
May 27, 2009	referred to racing, gaming and wagering

Votes

- Feb 9, 2010 - Racing, Gaming And Wagering Committee Vote
  S5671
  
  Aye
  
  9
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Racing, Gaming And Wagering Committee Vote: Feb 9, 2010
      
      aye (9)
      
      Adams
      
      Addabbo Jr.
      
      Bonacic
      
      Griffo
      
      Johnson
      
      McDonald
      
      Nozzolio
      
      Onorato
      
      Stachowski

Bill Amendments

Original

A (Active)

2009-S5671 - Details

See Assembly Version of this Bill:: A2495
Current Committee:: Senate Codes
Law Section:: General Municipal Law
Laws Affected:: Amd §§195-n & 186, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3689, A3604
2013-2014: S2989

2009-S5671 - Summary

Requires a New York state legend to be located on all bell jar tickets sold in this state.

2009-S5671 - Sponsor Memo

                                 BILL NUMBER:  S5671

 TITLE OF BILL :
An act to amend the general municipal law, in relation to requiring a
New York state legend on all bell jar tickets sold in New York State


 PURPOSE OF THE BILL :
To amend §195-n and § 195-0 of the General Municipal Law to require
that bell jar tickets sold in New York State contain an imprint of a
legend approved by the New York State Racing and Wagering Board (the
"Board").

 SUMMARY OF PROVISIONS :
Amends General Municipal Law § 195-n to require that licensed
manufacturers of bell jar tickets imprint an approved New York State
legend on all bell jar tickets sold in New York State. Amends § 195-0
of the General Municipal Law to require that licensed distributors who
purchase bell jar tickets for resale in New York purchase and resell
only tickets with the approved New York State legend. An exception is
created for bell jar tickets that are banded single-sided
single-tabbed, double-sided single-tabbed or folded bell jar tickets.

 EXISTING LAW :
There is no statutory requirement for a New York State symbol or
legend on bell jar tickets.

 PRIOR LEGISLATIVE HISTORY :
This bill (with different text) was introduced in 2003 as S.3797 and
referred to Racing, Gaming and Wagering.

 STATEMENT IN SUPPORT :
A New York State legend would relieve administrative burdens on
volunteer organizations who conduct games of chance, licensed bell jar
ticket distributors and local governments who license games of chance.
All bell jar tickets sold in New York State must be approved by the
New York State Racing and Wagering Board prior to sale in New York
State to ensure that the game complies with games of chance statutes
and the rules and regulations of the Board. There are literally
thousands of different types of bell jar games that have been approved
over the last fifteen years, and hundreds more that are submitted
every year to the Board. In many cases, there are bell jar games that
are very similar in name and appearance to an approved game when, in
fact, the game has not been approved. Licensed authorized
organizations may only sell bell jar tickets that have been approved
by the Board. It is often difficult for such organizations, which are
comprised of volunteers, to keep track of the thousands of approved
bell jar tickets and discern between an approved bell jar game and an
unapproved one. By requiring an approved New York State legend on
approved bell jar tickets, organizations and New York State
distributors could simply look at a ticket to determine if it has been
approved for sale in New York, thereby reducing their respective
paperwork load and erroneous purchases of unapproved tickets.

Furthermore, an approval legend would be a valuable tool for law
enforcement, local municipal inspectors and licensing officials who
regulate games of chance. The presence of the legend would facilitate
the tracking of tickets and the absence of the legend would be PRIMA
FACIE evidence that the ticket is unlawful for sale. Several states
have adopted the requirement of a state logo or approval statement.

An exception to the requirement is created for bell jar tickets that
are banded single-sided single-tabbed, double-sided single-tabbed or
folded because their size makes the requirement impracticable. This
exception is consistent with Board Rule (9 N.Y.C.R.R.) 5608.3(e),

which excludes such tickets from certain construction standards
applicable to other bell jar tickets.

The Board would prescribe a unique seal, such as a letters "NYSRWB"
configured in a unique shape or the geographic shape of New York
State.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1 of the year following enactment.

2009-S5671 - Bill Text download pdf

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

                                  5671

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 general municipal law, in relation to requiring a
  New York state legend on all bell jar tickets sold in New York State

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

  Section  1.  Subdivision  1  of section 195-n of the general municipal
law, as amended by chapter 637 of the laws of 1999, is amended  to  read
as follows:
  1.  Distribution; manufacturers. For business conducted in this state,
manufacturers licensed by the board to sell bell jar tickets shall  sell
only  such tickets to distributors licensed by the board, AND SHALL ONLY
SELL SUCH TICKETS THAT HAVE BEEN APPROVED BY THE BOARD AND ARE IMPRINTED
WITH AN APPROVED LEGEND PRESCRIBED BY THE BOARD IN A  MANNER  PRESCRIBED
BY   THE   BOARD.   BELL   JAR  TICKETS  THAT  ARE  BANDED  SINGLE-SIDED
SINGLE-TABBED, DOUBLE-SIDED SINGLE-TABBED OR FOLDED BELL JAR TICKETS ARE
EXCLUDED FROM THE APPROVED LEGEND REQUIREMENT. Manufacturers of bell jar
tickets, seal cards, merchandise boards,  and  coin  boards  may  submit
samples,  artists' renderings, or color photocopies of proposed bell jar
tickets, seal cards, merchandise boards, coin boards, payout cards,  and
flares  for  review  and  approval  by  the board. Within thirty days of
receipt of such sample or rendering, the board  shall  approve  or  deny
such  bell  jar tickets. Following approval of a rendering of a bell jar
ticket, seal card, merchandise board, or coin board by  the  board,  the
manufacturer  shall submit to the board a sample of the printed bell jar
ticket, seal card, merchandise board, coin board, payout card, and flare
for such game. Such sample shall be submitted prior to the sale  of  the
game  to  any  licensed  distributor  for resale in this state. For coin
boards and merchandise boards, nothing herein shall require the  submit-
tal  of actual coins or merchandise as part of the approval process. Any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00941-01-9

S. 5671                             2

licensed  manufacturer  who  [willfully]  INTENTIONALLY   violates   the
provisions  of  this  section  shall:  (a) upon such first offense, have
their license suspended for a period  of  thirty  days;  (b)  upon  such
second  offense,  participate in a hearing to be conducted by the board,
and surrender their license for such period as recommended by the board;
and (c) upon such  third  or  subsequent  offense,  have  their  license
suspended  for  a  period  of  one year and shall be guilty of a class E
felony. Any unlicensed manufacturer who violates the provisions of  this
section shall be guilty of a class E felony.
  S  2.  Subdivision 1 of section 195-o of the general municipal law, as
amended by chapter 637 of the laws  of  1999,  is  amended  to  read  as
follows:
  1.  Distribution; distributors. Any distributor licensed in accordance
with section one hundred eighty-nine-a of  this  article  to  distribute
bell  jar  tickets  shall  purchase  bell jar tickets only from licensed
manufacturers and may manufacture coin  boards  and  merchandise  boards
only  as  authorized  in  subdivision  one-a  of  this section. LICENSED
DISTRIBUTORS WHO PURCHASE BELL JAR TICKETS FOR RESALE IN NEW YORK  STATE
SHALL  ONLY  PURCHASE  AND  RESELL  BELL  JAR  TICKETS IMPRINTED WITH AN
APPROVED LEGEND PRESCRIBED BY THE BOARD IN A MANNER  PRESCRIBED  BY  THE
BOARD, OR BELL JAR TICKETS THAT HAVE BEEN APPROVED BY THE BOARD THAT ARE
BANDED  SINGLE-SIDED SINGLE-TABBED, DOUBLE-SIDED SINGLE-TABBED OR FOLDED
BELL JAR TICKETS. Licensed distributors of bell jar tickets  shall  sell
such  tickets  only to not-for-profit, charitable or religious organiza-
tions registered by the board. Any licensed distributor who  [willfully]
INTENTIONALLY  violates  the  provisions of this section shall: (a) upon
such first offense, have their license suspended for a period of  thirty
days;  (b)  upon  such  second  offense,  participate in a hearing to be
conducted by the board, and surrender their license for such  period  as
recommended by the board; and (c) upon such third or subsequent offense,
have their license suspended for a period of one year and shall be guil-
ty  of  a  class  E felony. Any unlicensed distributor who violates this
section shall be guilty of a class E felony.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  year  in  which it shall have become a law, provided, however,
that any rules and regulations necessary for the  timely  implementation
of this act shall be promulgated on or before such effective date.

2009-S5671A (ACTIVE) - Details

See Assembly Version of this Bill:: A2495
Current Committee:: Senate Codes
Law Section:: General Municipal Law
Laws Affected:: Amd §§195-n & 186, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3689, A3604
2013-2014: S2989

2009-S5671A (ACTIVE) - Summary

Requires a New York state legend to be located on all bell jar tickets sold in this state.

2009-S5671A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5671A

 TITLE OF BILL :
An act to amend the general municipal law, in relation to requiring a
New York state legend on all bell jar tickets sold in New York State


 PURPOSE OF THE BILL :
To amend §195-n and § 195-0 of the General Municipal Law to require
that bell jar tickets sold in New York State contain an imprint of a
legend approved by the New York State Racing and Wagering Board (the
"Board").

 SUMMARY OF PROVISIONS :
Amends General Municipal Law § 195-n to require that licensed
manufacturers of bell jar tickets imprint an approved New York State
legend on all bell jar tickets sold in New York State. Amends § 195-0
of the General Municipal Law to require that licensed distributors who
purchase bell jar tickets for resale in New York purchase and resell
only tickets with the approved New York State legend. An exception is
created for bell jar tickets that are banded single-sided
single-tabbed, double-sided single-tabbed or folded bell jar tickets.

 EXISTING LAW :
There is no statutory requirement for a New York State symbol or
legend on bell jar tickets.

 PRIOR LEGISLATIVE HISTORY :
This bill (with different text) was introduced in 2003 as S.3797 and
referred to Racing, Gaming and Wagering.

 STATEMENT.IN SUPPORT :
A New York State legend would relieve administrative burdens on
volunteer organizations who conduct games of chance, licensed bell jar
ticket distributors and local governments who license games of chance.
All bell jar tickets sold in New York State must be approved by the
New York State Racing and Wagering Board prior to sale in New York
State to ensure that the game complies with games of chance statutes
and the rules and regulations of the Board. There are literally
thousands of different types of bell jar games that have been approved
over the last fifteen years, and hundreds more that are submitted
every year to the Board. In many cases, there are bell jar games that
are very similar in name and appearance to an approved game when, in
fact, the game has not been approved. Licensed authorized
organizations may only sell bell jar tickets that have been approved
by the Board. It is often difficult for such organizations, which are
comprised of volunteers, to keep track of the thousands of approved
bell jar tickets and discern between an approved bell jar game and an
unapproved one. By requiring an approved New York State legend on
approved bell jar tickets, organizations and New York State
distributors could simply look at a ticket to determine if it has been
approved for sale in New York, thereby reducing their respective
paperwork load and erroneous purchases of unapproved tickets.

Furthermore, an approval legend would be a valuable tool for law
enforcement, local municipal inspectors and licensing officials who
regulate games of chance. The presence of the legend would facilitate
the tracking of tickets and the absence of the legend would be PRIMA
FACIE evidence that the ticket is unlawful for sale. Several states
have adopted the requirement of a state logo or approval statement.
An exception to the requirement is created for bell jar tickets that
are banded single-sided single-tabbed, double-sided single-tabbed or
folded because their size makes the requirement impracticable. This
exception is consistent with Board Rule (9 N.Y.C.R.R.) 5608.3(e),
which excludes such tickets from certain construction standards
applicable to other bell jar tickets.
The Board would prescribe a unique seal, such as a letters "NYSRWB"
configured in a unique shape or the geographic shape of New York
State.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1 of the year following enactment.

2009-S5671A (ACTIVE) - Bill Text download pdf

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

                                 5671--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing  -- recommitted to the Committee on Racing, Gaming and Wagering in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee  and  committed  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general municipal law, in relation  to  requiring  a
  New York state legend on all bell jar tickets sold in New York State

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

  Section 1. Subdivision 1 of section 195-n  of  the  general  municipal
law,  as  amended by chapter 637 of the laws of 1999, is amended to read
as follows:
  1. Distribution; manufacturers. [For business conducted in this state,
manufacturers licensed by the board to sell bell jar tickets shall  sell
only such tickets to distributors licensed by the board] BELL JARS MANU-
FACTURED WITH A BOARD-APPROVED LEGEND MAY ONLY BE SOLD TO BOARD-LICENSED
DISTRIBUTOR FOR RESALE WITHIN THE STATE. Manufacturers of bell jar tick-
ets, seal cards, merchandise boards, and coin boards may submit samples,
artists'  renderings, or color photocopies of proposed bell jar tickets,
seal cards, merchandise boards, coin boards, payout  cards,  and  flares
for  review  and approval by the board. Within thirty days of receipt of
such sample or rendering, the board shall approve or deny such bell  jar
tickets.  Following  approval  of a rendering of a bell jar ticket, seal
card, merchandise board, or coin board by the  board,  the  manufacturer
shall  submit to the board a sample of the printed bell jar ticket, seal
card, merchandise board, coin board, payout card,  and  flare  for  such
game.  Such  sample  shall be submitted prior to the sale of the game to
any licensed distributor for resale in this state. For coin  boards  and
merchandise boards, nothing herein shall require the submittal of actual

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00941-02-0

S. 5671--A                          2

coins  or  merchandise  as  part  of  the approval process. Any licensed
manufacturer who [willfully] INTENTIONALLY violates  the  provisions  of
this  section  shall:  (a)  upon  such first offense, have their license
suspended  for  a  period  of thirty days; (b) upon such second offense,
participate in a hearing to be conducted by  the  board,  and  surrender
their  license for such period as recommended by the board; and (c) upon
such third or subsequent offense, have their  license  suspended  for  a
period  of  one  year and shall be guilty of a class E felony. Any unli-
censed manufacturer who violates the provisions of this section shall be
guilty of a class E felony.
  S 2.  Subdivision 3-a of section 186 of the general municipal law,  as
amended  by  chapter  337  of  the  laws  of 1998, is amended to read as
follows:
  3-a. "Bell jars" shall mean and include those games in which a partic-
ipant shall draw a card from a jar, vending machine, or  other  suitable
device  or  container which contains numbers, colors or symbols that are
covered and which, when uncovered, may reveal  that  a  prize  shall  be
awarded  on the basis of a designated winning number, color or symbol or
combination of numbers, colors or symbols. Bell jars shall also  include
seal  cards,  coin  boards, and merchandise boards.   ALL BELL JARS SOLD
WITHIN THE STATE SHALL BE MANUFACTURED WITH A BOARD-APPROVED  LEGEND  ON
ITS FACE OR REVERSE.
  S  3. This act shall take effect on the first of January next succeed-
ing the year in which it shall have become  a  law,  provided,  however,
that  any  rules and regulations necessary for the timely implementation
of this act shall be promulgated on or before such effective date.

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Senate Bill S5671

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Feb 9, 2010 - Racing, Gaming And Wagering Committee Vote

Racing, Gaming And Wagering Committee Vote: Feb 9, 2010

Bill Amendments

2009-S5671 - Details

2009-S5671 - Summary

2009-S5671 - Sponsor Memo

2009-S5671 - Bill Text download pdf

2009-S5671A (ACTIVE) - Details

2009-S5671A (ACTIVE) - Summary

2009-S5671A (ACTIVE) - Sponsor Memo

2009-S5671A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Bill Amendments

2009-S5671 - Details

2009-S5671 - Summary

2009-S5671 - Sponsor Memo

2009-S5671 - Bill Text download pdf

2009-S5671A (ACTIVE) - Details

2009-S5671A (ACTIVE) - Summary

2009-S5671A (ACTIVE) - Sponsor Memo

2009-S5671A (ACTIVE) - Bill Text download pdf

Comments