S T A T E   O F   N E W   Y O R K
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                                  7336

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering

AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
  the  penal  law, in relation to the transportation and possession of a
  gambling device, and to amend a chapter of the laws of  2013  amending
  the  racing,  pari-mutuel  wagering and breeding law and the penal law
  relating to the transportation and possession of a gambling device, as
  proposed in legislative bills numbers S. 3792 and A. 2598, in relation
  to the effectiveness thereof

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

  Section  1.  Subdivision  21 of section 104 of the racing, pari-mutuel
wagering and breeding law, as added by a chapter of  the  laws  of  2013
amending the racing, pari-mutuel wagering and breeding law and the penal
law  relating to the transportation and possession of a gambling device,
as proposed in legislative bills numbers  S.  3792  and  A.    2598,  is
amended to read as follows:
  21.  [Notwithstanding  section 225.30 of the penal law, the commission
shall accept for filing the statement of any] PRIOR TO TRANSPORTING INTO
THIS STATE ANY GAMBLING DEVICES FOR THE PURPOSE OF EXHIBITION OR MARKET-
ING, AN officer [or employee] of [a] THE manufacturer [of] OR  distribu-
tor of THE gambling devices [to permit the transportation and possession
of  a gambling device within the state.  The] SHALL FILE WITH THE GAMING
COMMISSION A statement [shall affirm] AFFIRMED under penalty of  perjury
that  such [device was] GAMBLING DEVICES ARE BEING transported into this
state in a sealed container and possessed  solely  for  the  purpose  of
exhibition[,]  OR  marketing[,  and product development]. Such statement
shall [further] specify the  number  of  [machines]  DEVICES,  types  of
[machines and] DEVICES, the dates upon which such [machines] DEVICES are
to  be so transported and possessed within the state, which period shall
not exceed two weeks, AND THE IDENTITY OF THE PERSON OR PERSONS WHO WILL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10946-01-3
              

A. 7336                             2

HAVE CUSTODY AND CONTROL OF THE DEVICES WHILE IN THIS STATE. SUCH STATE-
MENT SHALL FURTHER SPECIFY THAT THE GAMBLING DEVICES WILL THEREAFTER  BE
TRANSPORTED  IN  A  SEALED  CONTAINER  TO A JURISDICTION OUTSIDE OF THIS
STATE  FOR  PURPOSES  THAT ARE LAWFUL IN SUCH OUTSIDE JURISDICTION.  The
commission may [prescribe  by  regulation]  DETERMINE  the  form  [and],
content  AND  MANNER OF FILING of such statement AND SHALL BE AUTHORIZED
TO PROMULGATE ANY RULES AND  REGULATIONS  NECESSARY  TO  CARRY  OUT  THE
PURPOSES OF THIS SUBDIVISION.
  S  2.  Subdivision e of section 225.30 of the penal law, as added by a
chapter of the laws of 2013 amending the  racing,  pari-mutuel  wagering
and  breeding  law  and the penal law relating to the transportation and
possession of a  gambling  device,  as  proposed  in  legislative  bills
numbers S. 3792 and A. 2598, is amended to read as follows:
  e.  Transportation  and  possession  of a gambling device shall not be
unlawful where (I) THE  MANUFACTURER  OR  DISTRIBUTOR  OF  THE  GAMBLING
DEVICE  HAS  FILED A STATEMENT WITH THE STATE GAMING COMMISSION REQUIRED
BY SUBDIVISION TWENTY-ONE OF SECTION ONE HUNDRED  FOUR  OF  THE  RACING,
PARI-MUTUEL  WAGERING  AND  BREEDING  LAW, (II) such gambling device was
transported into this state [pursuant to paragraph twenty-one of section
one hundred four of the racing, pari-mutuel wagering and  breeding  law]
IN  A  SEALED  CONTAINER  AND POSSESSED FOR THE PURPOSE OF EXHIBITION OR
MARKETING IN ACCORDANCE WITH SUCH STATEMENT, AND (III)  SUCH  DEVICE  IS
THEREAFTER  TRANSPORTED  IN A SEALED CONTAINER TO A JURISDICTION OUTSIDE
OF THIS STATE FOR PURPOSES THAT ARE LAWFUL IN SUCH OUTSIDE JURISDICTION.
  S 3. Section 3 of a chapter of the laws of 2013 amending  the  racing,
pari-mutuel  wagering and breeding law and the penal law relating to the
transportation and possession of  a  gambling  device,  as  proposed  in
legislative  bills  numbers  S. 3792 and A.  2598, is amended to read as
follows:
  S 3. This act shall take effect immediately[;  provided  however  that
section  one  of  this act shall take effect on the same date and in the
same manner as section 1 of part A of chapter 60 of the  laws  of  2012,
takes  effect] AND SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT
ON AND AFTER MAY 1, 2013.
  S 4. This act shall take effect immediately;  provided  that  sections
one  and  two  of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2013 amending the racing,  pari-
mutuel  wagering  and  breeding  law  and  the penal law relating to the
transportation and possession of  a  gambling  device,  as  proposed  in
legislative bills numbers S. 3792 and A. 2598, takes effect.