NY State Senate Bill 2011-S5760

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2011	signed chap.217
Jul 08, 2011	delivered to governor
Jun 17, 2011	returned to senate passed assembly ordered to third reading rules cal.448 substituted for a8245a referred to ways and means delivered to assembly passed senate ordered to third reading cal.1361
Jun 14, 2011	referred to rules

Votes

- Jun 17, 2011 - Floor Vote
  S5760
  
  Aye
  
  62
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 17, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin

2011-S5760 (ACTIVE) - Details

See Assembly Version of this Bill:: A8245
Law Section:: Tax Law
Laws Affected:: Amd §1605, Tax L

2011-S5760 (ACTIVE) - Summary

Relates to licenses issued by the division of the lottery.

2011-S5760 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5760

TITLE OF BILL:

An act
to amend the tax law, in relation to licenses issued by the division of
the lottery

PURPOSE:

This bill would clarify the Division of the Lottery's (the "Lottery")
authority to obtain national criminal background search results for
applicants and holders of licenses issued by the Lottery, including
employees of Video Lottery Gaming ("VLG") agents.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Tax Law § 1605 to clarify Lottery's
authority to obtain national criminal background search results for
applicants or holders of VLG licenses issued pursuant to Tax Law
1617-a, including VLG agents; vendors; vendors' subcontractors;
employees of agents, vendors or subcontractors; and officers,
directors, partners, trustees or owners of agents, vendors or
vendors' subcontractors.

Section 2 provides for an immediate effective date.

EXISTING LAW:

Tax Law § 1605 specifically authorizes the Lottery to obtain state and
national criminal background search results for applicants or holders
of Lottery sales agent licenses. Tax Law § 16l7-a authorizes the
Lottery to license the operation of VLG.

JUSTIFICATION:

This bill amends Tax Law §1605 to clarify the Lottery's authority to
obtain national criminal background search results for applicants or
holders of VLG licenses. When Tax Law § l6l7-a was enacted and
authorized the Lottery to license the operation of VLG facilities,
related provisions of the Tax Law should have been amended to include
VLG licenses and licensees. Recently, the Federal Bureau of
Investigations ("FBI") questioned this apparent ambiguity in the law.

Pursuant to federal law, the FBI is authorized to exchange criminal
history records with officials of state and local governments for
purposes of employment and licensing, if authorized by state statute
and approved by the FBI. The FBI, with the assistance of the United
States
Department of Justice, has determined that state statutes must meet
certain criteria in order to authorize such access. As the result of
discussions with the Division of Criminal Justice Services and the
FBI, it was determined that this proposed amendment to Tax Law § 1605
would sufficiently clarify the Lottery's authority to continue
obtaining national criminal background search results which are used
to verify the backgrounds of persons employed in positions that can


present a risk to public safety and public finances, such as agents,
employees and vendors at VLG facilities operated under the authority
of the Lottery.

LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

This bill has no fiscal impact on the state.

EFFECTIVE DATE:

This bill would take effect immediately.

2011-S5760 (ACTIVE) - Bill Text download pdf

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

                                  5760

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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-
nal justice services or any other state  or  federal  government  agency
having facilities for checking fingerprints for the purpose of determin-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11975-04-1

S. 5760                             2

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5760

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Jun 17, 2011 - Floor Vote

Floor Vote: Jun 17, 2011

2011-S5760 (ACTIVE) - Details

2011-S5760 (ACTIVE) - Summary

2011-S5760 (ACTIVE) - Sponsor Memo

2011-S5760 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S5760

Senate Bill S5760

Signed By Governor

Share this bill

Sponsored By

John J. Bonacic

Archive: Last Bill Status - Signed by Governor

Actions

Votes

2011-S5760 (ACTIVE) - Details

2011-S5760 (ACTIVE) - Summary

2011-S5760 (ACTIVE) - Sponsor Memo

2011-S5760 (ACTIVE) - Bill Text download pdf

Comments