Assembly Bill A8245A

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

                                 8245--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering -- reported and referred to  the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to licenses issued by the divi-
  sion of the lottery

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

  Section  1.  The  section  heading and subdivisions a and e of section
1605 of the tax law, the section heading and subdivision a as  added  by
chapter 92 of the laws of 1976 and subdivision e as amended by chapter 2
of the laws of 1995, are amended to read as follows:
  Lottery sales agents AND OTHER LICENSEES.  a. The division may license
as  agents  to  sell lottery tickets such persons as in its opinion will
best serve public convenience, except that no license shall be issued to
any person to engage in business exclusively as a lottery  sales  agent.
THE  DIVISION MAY LICENSE SUCH PERSONS AS IN ITS OPINION ARE SUITABLE TO
PARTICIPATE IN VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN  HUNDRED
SEVENTEEN-A OF THIS ARTICLE.
  e.  The  division  is  hereby authorized to obtain criminal background
information on any applicant for, or holder of, a lottery [sales  agent]
license  for  the  purpose  of  determining  whether a license should be
granted, suspended, or revoked. The sources of such information  include
the  license  applicant  or  holder,  the  division  of criminal justice
services, and any licensing agency  which  is  currently  considering  a
licensing application or which has been granted a presently-held license
to the same license applicant or holder. The division shall require each
license  applicant to submit identifying information which shall include
fingerprints unless they are already on file with the division or  other
state   agencies.  The  fingerprints  so  obtained  shall  be  forthwith
forwarded, and the applicable fee transmitted, to the division of crimi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11975-02-1
              

A. 8245--A                          2

nal justice services or any other state  or  federal  government  agency
having facilities for checking fingerprints for the purpose of determin-
ing whether or not criminal charges are pending against the applicant or
whether  or  not the applicant had previously been convicted of a crime,
and such agency shall promptly report a finding of such pending  charges
and previous convictions, if any, to the division in writing or by elec-
tronic  means  or  any other method agreed upon by the division and such
agency.   PRIOR TO OR UPON MAKING A  DETERMINATION  NOT  TO  APPROVE  AN
APPLICATION  FOR  A  LOTTERY  LICENSE BASED UPON AN APPLICANT'S CRIMINAL
HISTORY RECORD, THE DIVISION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF
ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORM SUCH  APPLICANT
OF  HIS  OR  HER  RIGHT  TO SEEK CORRECTION OF ANY INCORRECT INFORMATION
CONTAINED IN SUCH RECORD PURSUANT TO REGULATIONS AND  PROCEDURES  ESTAB-
LISHED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. In its discretion,
the division may decline to act on any application pending the  disposi-
tion  of  any  pending  charges against the applicant. The division may,
after providing notice and an opportunity for a hearing pursuant to  the
state  administrative  procedure act, deny a license to any person found
to have committed a felony under the laws of the United States or  under
the  laws  of the state of New York or any other state or foreign juris-
diction or any crime relating to gaming activities or that is  otherwise
found  to  have  engaged in conduct which would be prejudicial to public
confidence in the state lottery.  ALL DETERMINATIONS TO GRANT OR DENY  A
LICENSE PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION
SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW. Notwithstanding the provisions
of  article  six  of  the  public  officers  law or any other law to the
contrary, the division may withhold from public disclosure any  criminal
history information except that criminal convictions may not be withheld
under this provision.
  FOR  PURPOSES OF THIS ARTICLE, A LICENSEE MAY INCLUDE: A LOTTERY SALES
AGENT; A VIDEO LOTTERY GAMING AGENT; A VENDOR; A VENDOR'S SUBCONTRACTOR;
AN EMPLOYEE OF AN AGENT, VENDOR OR VENDOR'S SUBCONTRACTOR; OR  AN  OFFI-
CER, DIRECTOR, PARTNER, TRUSTEE OR OWNER OF AN AGENT, VENDOR OR VENDOR'S
SUBCONTRACTOR.
  S 2. This act shall take effect immediately.