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A04402 Summary:

BILL NOA04402
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd 195-n & 195-o, Gen Muni L
 
Requires a New York state legend on all bell jar tickets sold in New York state.
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A04402 Actions:

BILL NOA04402
 
02/02/2017referred to racing and wagering
01/03/2018referred to racing and wagering
02/13/2018reported referred to codes
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A04402 Memo:

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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A04402 Text:



 
                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.
                                                                   LBD09109-01-7

        A. 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.
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