NY State Senate Bill 2013-S2989

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 28, 2013	referred to racing, gaming and wagering

2013-S2989 (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
2011-2012: S3689

2013-S2989 (ACTIVE) - Summary

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

2013-S2989 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2989

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 2011: S.3689A - Referred to Racing,
Gaming & Wagering 2012: S.3689A 01/04/12 - Referred to Racing, Gaming
& Wagering
       01/23/12 - Amend and Recommit to Racing, Gaming & Wagering
       01/23/12 - Print Number 3689A

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.

2013-S2989 (ACTIVE) - Bill Text download pdf

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

                                  2989

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

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.
                                                           LBD06028-01-3

S. 2989                             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  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 S2989

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

Actions

2013-S2989 (ACTIVE) - Details

2013-S2989 (ACTIVE) - Summary

2013-S2989 (ACTIVE) - Sponsor Memo

2013-S2989 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

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

Actions

2013-S2989 (ACTIVE) - Details

2013-S2989 (ACTIVE) - Summary

2013-S2989 (ACTIVE) - Sponsor Memo

2013-S2989 (ACTIVE) - Bill Text download pdf

Comments