|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 20, 2014||committed to rules|
|Jun 02, 2014||advanced to third reading|
|May 29, 2014||2nd report cal.|
|May 28, 2014||1st report cal.946|
|May 13, 2014||reported and committed to finance|
|Jan 08, 2014||referred to racing, gaming and wagering|
|Jun 21, 2013||committed to rules|
|Jun 03, 2013||advanced to third reading|
|May 30, 2013||2nd report cal.|
|May 29, 2013||1st report cal.768|
|Apr 16, 2013||referred to racing, gaming and wagering|
senate Bill S4649
Relates to the prohibition on members, officers and employees of the gaming commission and the office of racing promotion and development on wagering and claiming prizes in this state
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (11)
May 28, 2014 - Finance committee VoteS4649361committee36Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
show Finance committee vote details
Finance Committee Vote: May 28, 2014aye (36)nay (1)
May 13, 2014 - Racing, Gaming and Wagering committee VoteS4649100committee10Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
May 29, 2013 - Racing, Gaming and Wagering committee VoteS4649100committee10Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
- show Finance committee vote details
S4649 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Racing, Pari-Mutuel Wagering and Breeding Law
- Laws Affected:
- Amd §§107 & 104, RWB L; amd §§1610 & 1605, Tax L
S4649 - Bill Texts
Relates to the prohibition on members, officers and employees of the gaming commission and the office of racing promotion and development on wagering and claiming prizes in this state.
view sponsor memo
TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and
breeding law and the tax law, in relation to the operation of the
Purpose of the Bill:
This bill would amend the Tax Law and the Racing, Pari-Mutuel Wagering
and Breeding Law ("Racing Law") to standardize the prohibition against
wagering upon or claiming a prize in any racing or gaming activity
conducted within New York State and to authorize the Gaming Commission
to obtain criminal fingerprint histories of its employment applicants.
Summary of Provisions:
Section 1 of the bill would amend Racing Law § 107 to provide that no
member, officer or employee of the Gaming Commission (or certain
members, officers or employees of other State agencies) shall wager
upon or claim a prize in any gaming or horse racing activities
conducted within the State of New York. The bill would also place this
restriction on any spouse, child, brother, sister, parent or other
person residing as a member of the same household in the principal
place of abode of any of the foregoing persons. The restriction upon a
member, officer or employee of another State agency would apply to any
member, officer or employee if the duties of such member, officer or
employee directly relate to the operation of any gaming activity
conducted within the State.
Section 2 would amend Tax Law § 1610 to eliminate the prohibition
against certain persons playing Lottery games that is within the
Lottery for Education Law (Tax Law Article 34), as such prohibition is
replaced by the amended prohibition in Section 1 of the bill.
Section 3 of the bill would amend Racing Law § 104 to authorize the
Gaming Commission to obtain criminal fingerprint histories of its
employment applicants. It also includes language approved by the
Federal Bureau of Investigation to permit national criminal background
investigations for license applicants.
Section 4 would amend Tax Law § 1605 to remove the authorization of
the former Division of the Lottery to conduct criminal background
reviews on its licensees and license applicants from the Lottery for
Education Law (Tax Law Article 34), as such authority was granted to
the Gaming Commission by Racing Law § 104. Authority to obtain
criminal fingerprint histories for licensees and license applicants
would be consolidated into the Racing Law under Section 3 of the bill.
Section 5 of the bill makes the act effective immediately, provided,
however that Sections 1 and 2 of the bill would take effect on the
thirtieth day after it shall have became a law. This Section would
also provide that the prohibition on, claiming a prize by a prohibited
person does not apply to a wager that had been placed lawfully before
the effective date of this law.
Racing Law § 107(3) prohibits Gaming Commission employees from
wagering upon any racing or gaming activity conducted within New York
State, whether or not the wager occurs beyond the State's borders, but
it does not address the family and household members of such
employees. When the legislation creating the Gaming Commission was
enacted, it did not amend the comparable provision in Tax Law § 1610
that prohibits Lottery employees, certain Department of Taxation and
Finance employees, and certain family members of their households from
playing Lottery games. This created two different standards for Gaming
Commission employees, one standard in Racing Law § 104 applicable to
all gaming activity, and another standard in Tax Law § 1610 applicable
only to Lottery games.
While Tax Law § 1605(e) authorizes the former Division of the Lottery
to obtain criminal fingerprint histories of its employment applicants,
Racing Law § 104 does not specifically provide the Gaming Commission
with such authority. The present law also has two schemes for
investigating fingerprint histories, one in Racing Law § 104 and one
in Tax Law § 1605.
Prior Legislative History:
This is a new proposal.
Statement in Support:
This bill seeks to set one standard for the wagering restrictions
placed upon (i) members, officers or employees of the Gaming
Commission and the Office for Racing Promotion and Development, (ii)
other State employees who may work on Gaming Commission operations,
and (iii) members of their households. Such a standard is important to
maintaining the integrity Gaming Commission operations.
Another important aspect of the Gaming Commission is the integrity of
its staff While the former Division of the Lottery had authority to
obtain criminal histories of its employment applicants, the authority
of the Gaming Commission to do so is less clear. This bill would
expressly authorize the Gaming Commission to obtain criminal histories
of its employment applicants, including those seeking to transfer to
the Gaming Commission from other State employment. Full scrutiny of
all prospective employees of the Gaming Commission is necessary to
enable the Gaming Commission to fulfill its duties with the highest
integrity and public confidence.
Finally, because the Federal Bureau of Investigation requires specific
authorization in order to permit the Division of Criminal Justice
Services to gain access to criminal history information from the
national crime database and report such findings to the Gaming
Commission, the bill also provides greater specificity as to the
persons whose criminal history will be checked.
This act would take effect immediately; provided, however, that
sections 1 and 2 take effect 30 days after becoming law.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 4649 2013-2014 Regular Sessions I N S E N A T E April 16, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Division of the Lottery) -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wagering AN ACT to amend the racing, pari-mutuel wagering and breeding law and the tax law, in relation to the operation of the gaming commission THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 107 of the racing, pari-mutuel wagering and breeding law, as added by section 1 of part A of chapter 60 of the laws of 2012, is amended to read as follows: 3. (A) No member, officer or employee of the commission OR THE OFFICE OF RACING PROMOTION AND DEVELOPMENT shall wager upon OR CLAIM A PRIZE IN gaming or horse racing activity conducted within the state. (B) NO MEMBER, OFFICER OR EMPLOYEE OF ANY OTHER AGENCY, AS DEFINED IN SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, SHALL WAGER UPON OR CLAIM A PRIZE IN GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE IF THE DUTIES OF SUCH MEMBER, OFFICER OR EMPLOYEE DIRECTLY RELATE TO THE OPERATION OF ANY GAMING ACTIVITY CONDUCTED WITHIN THE STATE. FOR THE PURPOSES OF THIS PARAGRAPH, DUTIES DIRECTLY RELATE TO THE OPERATION OF ANY GAMING ACTIVITY IF SUCH DUTIES CONSIST OF (I) MAKING A DECISION, OR ADVISING OR RECOMMENDING A DECISION, ON THE MANNER OR METHOD OF OPERATING A GAMING ACTIVITY IN ORDER TO ASSURE THE ACCURA- CY, SAFETY, FAIRNESS, CREDIBILITY OR INTEGRITY OF SUCH GAMING ACTIVITY, OR (II) INVENTING, CREATING, DESIGNING, REVISING, REPLACING, REGULATING, OVERSEEING, LICENSING, PERMITTING, CERTIFYING, WITNESSING, JUDGING, OFFICIATING, SUPERVISING, MANAGING, CONDUCTING, OR ASSISTING IN GAMING ACTIVITY OR IN ANY PROCEDURE RELIED UPON TO DETERMINE THE OUTCOME OF ANY GAMING ACTIVITY ACCORDING TO THE MANNER OR METHOD PRESCRIBED THEREFOR. (C) NO SPOUSE, CHILD, BROTHER, SISTER, PARENT OR OTHER PERSON RESIDING AS A MEMBER OF THE SAME HOUSEHOLD IN THE PRINCIPAL PLACE OF ABODE OF ANY OF THE PERSONS LISTED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09300-02-3 S. 4649 2 WAGER UPON OR CLAIM A PRIZE IN GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE. S 2. Section 1610 of the tax law, as added by chapter 92 of the laws of 1976, is amended to read as follows: S 1610. Sales to certain persons prohibited. [a.] No ticket shall be sold to any person under the age of eighteen years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person eighteen years of age or older to a person less than that age. Any licensee or the employee or agent of any licensee who sells or offers to sell a lottery ticket to any person under the age of eighteen shall be guilty of a misdemeanor. [b. No ticket shall be sold to and no prize shall be paid to any of the following persons: (i) any member, officer or employee of the division; or (ii) any member, officer or employee of the department of taxation and finance whose duties directly relate to the operation of the state lottery; or (iii) any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any of the foregoing persons.] S 3. Subdivision 14 of section 104 of the racing, pari-mutuel wagering and breeding law, as added by section 1 of part A of chapter 60 of the laws of 2012, is amended to read as follows: 14. (A) To [access the criminal history records of] TRANSMIT FINGER- PRINTS AND THE APPLICABLE FEE IN THE FORM AND MANNER PRESCRIBED BY the division of criminal justice services, pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law, in connection with executing the responsibilities of the commission relat- ing to the regulation, oversight, licensing, permitting or certif- ication, including fingerprinting, criminal history record checks and background investigations, of (I) persons applying to engage in gaming activities, (II) ANY PERSONS APPLYING FOR EMPLOYMENT WITH THE COMMIS- SION, AND (III) ANY PERSONS APPLYING FOR EMPLOYMENT WITH THE COMMISSION WHO ARE NEW YORK STATE EMPLOYEES SEEKING TRANSFER TO THE COMMISSION OR WHO ARE ON A PREFERRED OR ELIGIBLE LIST, NOTWITHSTANDING ANY LIMITATIONS ON CONDUCTING CRIMINAL HISTORY RECORD CHECKS ON SUCH PERSONS CONTAINED IN SUBDIVISION FOUR OF SECTION FIFTY OF THE CIVIL SERVICE LAW AND SUBDI- VISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW. At the request of the commission, the division of criminal justice services shall submit [a fingerprint card] SUCH FINGERPRINTS, along with the subject's processing fee, to the federal bureau of investigation OR ANY OTHER STATE OR FEDERAL GOVERNMENT AGENCY HAVING FACILITIES FOR CHECKING FINGERPRINTS FOR PURPOSES OF DETERMINING WHETHER OR NOT CRIMI- NAL CHARGES ARE PENDING AGAINST THE APPLICANT OR WHETHER OR NOT THE APPLICANT HAD PREVIOUSLY BEEN CONVICTED OF A CRIME, for the purpose of conducting a NATIONAL criminal history search and returning a report thereon AND THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROMPTLY REPORT A FINDING OF SUCH CHARGES AND PREVIOUS CONVICTIONS, IF ANY, TO THE COMMISSION IN WRITING OR BY ELECTRONIC MEANS OR ANY OTHER METHOD AGREED UPON BY THE COMMISSION AND SUCH AGENCY. The commission shall also be entitled to request and receive, pursuant to a written memorandum of understanding filed with the department of state, any information in the possession of the state attorney general relating to the investigation of organized crime, gaming offenses, other revenue crimes or tax evasion. Provided however, the attorney general may withhold any infor- mation that (a) would identify a confidential source or disclose confi- S. 4649 3 dential information relating to a criminal investigation, (b) would interfere with law enforcement investigations or judicial proceedings, (c) reveal criminal investigative techniques or procedures, that, if disclosed, could endanger the life or safety of any person, or (d) constitutes records received from other state, local or federal agencies that the attorney general is prohibited by law, regulation or agreement from disclosing. (B) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFI- CERS LAW OR ANY OTHER LAW TO THE CONTRARY, THE COMMISSION MAY WITHHOLD FROM PUBLIC DISCLOSURE ANY CRIMINAL HISTORY INFORMATION. (C) FOR PURPOSES OF THIS SUBDIVISION, A PERSON APPLYING TO ENGAGE IN GAMING ACTIVITIES MAY INCLUDE: ANY PERSON OR ENTITY THAT IS APPLYING FOR A LICENSE ISSUED PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED TO: 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; AN OFFICER, DIRECTOR, PARTNER, TRUSTEE OR OWNER OF AN AGENT; VENDOR OR VENDOR'S SUBCONTRACTOR; A HORSE OWNER, WHICH INCLUDES PART OWNERS; LESSEES; TRAINERS; ASSISTANT TRAINERS; JOCKEYS; JOCKEY AGENTS; STABLE EMPLOYEES; DRIVERS; AND SUCH OTHER PARTICIPANTS IN HORSE RACING OR PARI-MUTUEL WAGERING ACTIVITIES AS THE COMMISSION SHALL PRESCRIBE BY RULE. S 4. Subdivision e of section 1605 of the tax law, as amended by chap- ter 217 of the laws of 2011, is amended to read as follows: e. The division is hereby authorized to obtain criminal background information on any applicant for, or holder of, a lottery 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- 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 appli- cation 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 established by the division of criminal justice services. In its discretion, the division may decline to act on any application pending the disposition of any pending charges against the applicant. The division may, after provid- ing notice and an opportunity for a hearing pursuant to the state admin- istrative 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 jurisdiction or any crime relating to gaming activities or that is otherwise found to S. 4649 4 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 article twen- ty-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 5. This act shall take effect immediately; provided however that sections one and two of this act shall take effect on the thirtieth day after it shall have become a law and sections one and two of this act shall not apply to a prize claimed after such effective date if the wager upon which the prize was won was lawfully placed before such effective date.
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