NY State Senate Bill 2011-S3689A

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2012	print number 3689a
Jan 23, 2012	amend and recommit to racing, gaming and wagering
Jan 04, 2012	referred to racing, gaming and wagering
Mar 02, 2011	referred to racing, gaming and wagering

Bill Amendments

Original

A (Active)

2011-S3689 - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: General Municipal Law
Laws Affected:: Amd §§195-n & 186, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5671
2013-2014: S2989

2011-S3689 - Summary

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

2011-S3689 - Sponsor Memo

                                BILL NUMBER:S3689

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 § 186 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 § 186
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.
2010: S.5671A - Held in Codes

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.

2011-S3689 - Bill Text download pdf

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

                                  3689

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

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] 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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07528-01-1

S. 3689                             2

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.

2011-S3689A (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: General Municipal Law
Laws Affected:: Amd §§195-n & 186, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5671
2013-2014: S2989

2011-S3689A (ACTIVE) - Summary

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

2011-S3689A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3689A

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 § 186 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 § 186
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.
2010: S.5671A - Held in Codes

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 Hoard 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.

2011-S3689A (ACTIVE) - Bill Text download pdf

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

                                 3689--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

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 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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
coins  or  merchandise  as  part  of  the approval process. Any licensed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07528-02-1

S. 3689--A                          2

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 531 of the laws  of  2011,  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, event games, and merchandise boards.  ALL  BELL
JARS  SOLD WITHIN THIS 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 S3689A

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Actions

Bill Amendments

2011-S3689 - Details

2011-S3689 - Summary

2011-S3689 - Sponsor Memo

2011-S3689 - Bill Text download pdf

2011-S3689A (ACTIVE) - Details

2011-S3689A (ACTIVE) - Summary

2011-S3689A (ACTIVE) - Sponsor Memo

2011-S3689A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Actions

Bill Amendments

2011-S3689 - Details

2011-S3689 - Summary

2011-S3689 - Sponsor Memo

2011-S3689 - Bill Text download pdf

2011-S3689A (ACTIVE) - Details

2011-S3689A (ACTIVE) - Summary

2011-S3689A (ACTIVE) - Sponsor Memo

2011-S3689A (ACTIVE) - Bill Text download pdf

Comments