|SAME AS||No Same As|
|Amd §§195-n & 195-o, Gen Muni L|
|Requires a New York state legend on all bell jar tickets sold in New York state.|
|02/02/2017||referred to racing and wagering|
|01/03/2018||referred to racing and wagering|
|02/13/2018||reported referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4402 SPONSOR: Pretlow
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 § 195-0 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 manufac- turers of bell jar tickets imprint an approved New York State legend on all bell jar tickets sold in New York State. Amends § 195-0 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-sid- ed 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 - A2495 - referred to racing and wagering   STATEMENT IN SUPPORT: A New York State legend would relieve administrative burdens on volun- teer 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 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 Board 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.   PRIOR LEGISLATIVE HISTORY: 05/03/16 A9994 referred to racing and wagering 05/11/16 A9994 reported referred to codes   BUDGET IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding 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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STATE OF NEW YORK ________________________________________________________________________ 4402 2017-2018 Regular Sessions IN ASSEMBLY February 2, 2017 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Racing and Wagering 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: 1 Section 1. Subdivision 1 of section 195-n of the general municipal 2 law, as amended by chapter 637 of the laws of 1999, is amended to read 3 as follows: 4 1. Distribution; manufacturers. For business conducted in this state, 5 manufacturers licensed by the board to sell bell jar tickets shall sell 6 only such tickets to distributors licensed by the board, and shall only 7 sell such tickets that have been approved by the board and are imprinted 8 with an approved legend prescribed by the board in a manner prescribed 9 by the board. Bell jar tickets that are banded single-sided single- 10 tabbed, double-sided single-tabbed or folded bell jar tickets are 11 excluded from the approved legend requirement. Manufacturers of bell jar 12 tickets, seal cards, merchandise boards, and coin boards may submit 13 samples, artists' renderings, or color photocopies of proposed bell jar 14 tickets, seal cards, merchandise boards, coin boards, payout cards, and 15 flares for review and approval by the board. Within thirty days of 16 receipt of such sample or rendering, the board shall approve or deny 17 such bell jar tickets. Following approval of a rendering of a bell jar 18 ticket, seal card, merchandise board, or coin board by the board, the 19 manufacturer shall submit to the board a sample of the printed bell jar 20 ticket, seal card, merchandise board, coin board, payout card, and flare 21 for such game. Such sample shall be submitted prior to the sale of the 22 game to any licensed distributor for resale in this state. For coin 23 boards and merchandise boards, nothing herein shall require the submit- 24 tal of actual coins or merchandise as part of the approval process. Any 25 licensed manufacturer who [ willfully] intentionally violates the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09109-01-7A. 4402 2 1 provisions of this section shall: (a) upon such first offense, have 2 their license suspended for a period of thirty days; (b) upon such 3 second offense, participate in a hearing to be conducted by the board, 4 and surrender their license for such period as recommended by the board; 5 and (c) upon such third or subsequent offense, have their license 6 suspended for a period of one year and shall be guilty of a class E 7 felony. Any unlicensed manufacturer who violates the provisions of this 8 section shall be guilty of a class E felony. 9 § 2. Subdivision 1 of section 195-o of the general municipal law, as 10 amended by chapter 637 of the laws of 1999, is amended to read as 11 follows: 12 1. Distribution; distributors. Any distributor licensed in accordance 13 with section one hundred eighty-nine-a of this article to distribute 14 bell jar tickets shall purchase bell jar tickets only from licensed 15 manufacturers and may manufacture coin boards and merchandise boards 16 only as authorized in subdivision one-a of this section. Licensed 17 distributors who purchase bell jar tickets for resale in New York state 18 shall only purchase and resell bell jar tickets imprinted with an 19 approved legend prescribed by the board in a manner prescribed by the 20 board, or bell jar tickets that have been approved by the board that are 21 banded single-sided single-tabbed, double-sided single-tabbed or folded 22 bell jar tickets. Licensed distributors of bell jar tickets shall sell 23 such tickets only to not-for-profit, charitable or religious organiza- 24 tions registered by the board. Any licensed distributor who [ willfully] 25 intentionally violates the provisions of this section shall: (a) upon 26 such first offense, have their license suspended for a period of thirty 27 days; (b) upon such second offense, participate in a hearing to be 28 conducted by the board, and surrender their license for such period as 29 recommended by the board; and (c) upon such third or subsequent offense, 30 have their license suspended for a period of one year and shall be guil- 31 ty of a class E felony. Any unlicensed distributor who violates this 32 section shall be guilty of a class E felony. 33 § 3. This act shall take effect on the first of January next succeed- 34 ing the year in which it shall have become a law, provided, however, 35 that any rules and regulations necessary for the timely implementation 36 of this act shall be promulgated on or before such effective date.