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This entry was published on 2021-04-23
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SECTION 104
Powers and duties of the commission
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 1
§ 104. Powers and duties of the commission. The commission shall have
the authority and responsibility:

1. To have general jurisdiction over all gaming activities within the
state and over the corporations, associations and persons engaged
therein.

2. To hear and decide promptly and in reasonable order all license,
registration, certificate and permit applications, and causes affecting
the granting, suspension, revocation or renewal thereof, of
corporations, associations or persons engaged or seeking to engage in
gaming activity.

3. To test or cause to have tested and approve surveillance systems,
games of chance, gaming devices and lottery games.

4. To monitor any corporation, association or person engaged in gaming
activity for compliance with this chapter.

5. To, at any time, examine the books, papers, records and accounts of
any corporation, association or person engaged in gaming activity
pursuant to a license, registration, franchise, certificate or permit
issued by the commission.

6. To conduct investigations and hearings pertaining to violations of
this chapter. Each member of the commission and such officers, employees
or agents of the commission as may be designated by the commission for
such purpose shall have the power to administer oaths and examine
witnesses.

7. Each member of the commission, and such officers, employees or
agents of the commission as may be designated by the commission for such
purpose, shall have the power to administer oaths and examine witnesses,
and may issue subpoenas to compel attendance of witnesses, and the
production of all relevant and material reports, books, papers,
documents, correspondence and other evidence.

8. To collect all license and registration fees imposed by state law,
or rules or regulations promulgated thereunder, and any payments from an
Indian nation or tribe under the terms of a tribal-state compact that is
in effect pursuant to the federal Indian gaming regulatory act, 25
U.S.C. § 2701, et seq.

9. To levy and collect civil penalties and fines for any violation of
this chapter.

10. To be present through its employees and agents during the
operation of any race track, gaming facility, charitable gaming
organization, simulcasting facility or video lottery gaming facility for
the purpose of certifying the revenue thereof, receiving complaints from
the public relating to the conduct of gaming and simulcast wagering
activities, examining records of revenues and procedures, and conducting
periodic reviews of operations and facilities for purposes of evaluating
any current or suggested provision of law, rule or regulation.

11. To ensure compliance with tribal-state gaming compacts that are in
effect pursuant to the federal Indian gaming regulatory act, 25 U.S.C. §
2701, et seq.

12. To refer to a law enforcement agency of competent jurisdiction any
evidence of a violation of law.

13. To cause background investigations to be conducted on any
applicant for a license, registration, certificate, permit or approval.

14. To access the criminal history records of 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 relating to the regulation,
oversight, licensing, permitting or certification, including
fingerprinting, criminal history record checks and background
investigations, of persons applying to engage in gaming activities. At
the request of the commission, the division of criminal justice services
shall submit a fingerprint card, along with the subject's processing
fee, to the federal bureau of investigation for the purpose of
conducting a criminal history search and returning a report thereon. 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 information that (a) would identify a confidential source
or disclose confidential 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.

15. (a) The commission shall have the power to appoint such deputies,
secretary, officers, representatives and counsel as the commission may
deem necessary, who shall be designated to be in the exempt class of
civil service. Any newly hired employees who are not designated to be in
the exempt class of civil service pursuant to this subdivision and who
are not subject to the transfer provisions set forth in section one
hundred eighteen of this article shall be considered for purposes of
article fourteen of the civil service law to be public employees in the
civil service of the state, and shall be assigned to the appropriate
collective bargaining unit. Employees serving in positions in newly
created titles shall be assigned to the same collective bargaining unit
as they would have been assigned to were such titles created prior to
the establishment of the commission.

(b) It shall be the duty of the secretary to keep a full and faithful
record of the proceedings of the commission, preserve at the general
office of the commission all books, maps, documents and papers entrusted
to his or her care, prepare for service such papers and notices as may
be required by the commission, and perform such other duties as the
commission may prescribe.

16. To operate, or immediately appoint or contract with an independent
third party to operate, any video lottery gaming facility subject to
licensure by the commission on an interim basis in the event that the
licensed operator or operators of such facility discontinues operations
due to financial, regulatory or any other circumstances, including, but
not limited to, license revocation, relinquishment or expiration, and
the commission determines, after notice and an opportunity for hearing,
that it would further the public interest to continue such operations.
Such operation shall be on a temporary basis, not to exceed one hundred
eighty days, until such time as a permanent operator is licensed and
authorized to operate such facility.

17. To retain and employ private consultants and agencies on a
contract basis for rendering technical or other assistance and advice
for the performance of its duties.

18. To annually report to the governor, the speaker of the assembly
and the temporary president of the senate, its proceedings for the
preceding calendar year and any suggestions and recommendations as it
shall deem desirable.

19. To promulgate any rules and regulations that it deems necessary to
carry out its responsibilities.

20. The commission shall serve as a host racing commission and an
off-track betting commission for purposes of 15 U.S.C. 3001, et seq.

* 21. Prior to transporting into this state any gambling devices for
the purpose of exhibition or marketing, an officer of the manufacturer
or distributor of the gambling devices shall file with the gaming
commission a statement affirmed under penalty of perjury that such
gambling devices are being transported into this state in a sealed
container and possessed solely for the purpose of exhibition or
marketing. Such statement shall specify the number of devices, types of
devices, the dates upon which such 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 have custody and control
of the devices while in this state. Such statement 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 determine the
form, 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.

* NB There are 2 sb 21's

* 21. The commission shall promptly make available for public
inspection and copying via electronic connection to the commission's
website a copy of any report received from the New York state board of
elections pursuant to article fourteen of the election law.

* NB There are 2 sb 21's

22. The commission shall annually conduct an evaluation of video
lottery gaming to consider the various competitive factors impacting
such industry and shall consider administrative changes that may be
necessary to ensure a competitive industry and preserve its primary
function of raising revenue for public education.

23. To register and regulate interactive fantasy sports in New York
state.

24. To regulate sports wagering in New York state.