New York State Assembly

 
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A10249 Summary:

A10249 Actions:

A10249 Committee Votes:

Committee:RACING AND WAGERING   Chair:Pretlow      
DATE:06/02/2016AYE/NAY:10/0  Action: Favorable refer to committee Rules        
Pretlow
Aye
Garbarino
Excused
Markey
Aye
Tedisco
Aye
Gunther
Aye
Lawrence
Aye
Miller
Aye
Goldfeder
Aye
Solages
Aye
Woerner
Aye
Santabarbara
Aye

Committee:RULES   Chair:Heastie      
DATE:06/15/2016AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Excused
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Excused
Wright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A10249 Floor Votes:

A10249 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A10249A
 
SPONSOR: Schimminger

 
TITLE OF BILL:  An act to amend the general municipal law, in relation
to enacting the "charitable gaming act of 2016"
 
 
PURPOSE OF THE BILL:
 
This legislation establishes the "Charitable Gaming Act of 2016" by
amending the governing statute in relation to the sale of raffle tickets
to provide for additional payment methods, enhanced purchasing options
and the authorization of new advertising methods.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 provides for the title of the act.

Section 2 establishes the legislative intent.
 
Section 3 amends subdivision 20 of section 186 the General Municipal Law
to include additional payment methods for raffle games.
 
Section 4 adds a new subdivision 16 to section 189 of the General Munic-
ipal Law to allow for the purchase of raffle tickets via the internet.
 
Section 5 amends section 195-e of the General Municipal Law to permit
advertising games of chance via magazine and the internet.
 
Section 6 establishes a severability clause.
 
Section 7 is the effective date.
 
 
JUSTIFICATION:
 
Charities licensed to conduct raffles often include, but are not limited
to, the types of organizations committed to protecting vulnerable popu-
lations, supporting veterans, providing fire safety education and for
the care of animals.
 
In recognition of the many contributions provided by such bona fide
charitable organizations, in 1994, the New York State Legislature passed
legislation, subsequently signed by the Governor, which added the sale
of raffles to the types of games of chance.
 
Since the authorizing statute was codified, there have been considerable
advances in technology which necessitates the amendments set forth with-
in this legislation. Furthermore, as proposed, expanding payment,
purchasing and advertising options will afford these worthwhile charita-
ble organizations the ability to reach their intended fundraising goals,
which in turn will enhance their capability to support vital programs
and services within the community.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.

A10249 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10249--A
 
                   IN ASSEMBLY
 
                                      May 18, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
          Committee  on  Racing  and  Wagering  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the general municipal law, in relation to  enacting  the
          "charitable gaming act of 2016"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "charitable
     2  gaming act of 2016".
     3    § 2. Legislative intent. The legislature hereby finds  that  games  of
     4  chance,  specifically  games  known as "raffles", conducted by bona fide
     5  charitable, educational, scientific,  health,  religious  and  patriotic
     6  organizations   provide  vital  financial  support  to  many  worthwhile
     7  programs in the communities in which they serve. Furthermore, conforming
     8  current statutory language to address recent technological advances will
     9  enhance the ability of the public at large to participate and thusly  is
    10  deemed to be in the public interest.
    11    §  3.  Subdivision  20 of section 186 of the general municipal law, as
    12  added by chapter 574 of the laws of 1978, is amended to read as follows:
    13    20. "Games of chance currency" shall mean legal tender or  a  form  of
    14  scrip  or  chip  authorized  by  the  board,  except  for games known as
    15  "raffles" whereby payment shall mean legal tender, or  credit  or  debit
    16  card,  any of which may be used at the discretion of the games of chance
    17  licensee.
    18    § 4. Section 189 of the general municipal law is amended by  adding  a
    19  new subdivision 16 to read as follows:
    20    16.  Notwithstanding any provision of law to the contrary, games known
    21  as "raffles", at the discretion of the games of chance licensee, may  be
    22  purchased  via the internet or mobile application with a debit or credit
    23  card, upon the account holder's direct consent, provided, however,  that
    24  the  gaming  commission  shall  promulgate any necessary rules and regu-
    25  lations to ensure, to a reasonable degree of certainty that:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15143-06-6
        A. 10249--A                         2
 
     1    (a) the purchase of the raffle ticket is  initiated  and  received  in
     2  accordance with sections one hundred eighty-seven and one hundred eight-
     3  y-eight of this article;
     4    (b) purchasers are not less than eighteen years of age; and
     5    (c) the privacy and online security of participants is protected.
     6    § 5. Section 195-e of the general municipal law, as amended by chapter
     7  94 of the laws of 1981, is amended to read as follows:
     8    §  195-e.  Advertising  games. A licensee may advertise the conduct of
     9  games of chance to the general public by means of the internet,  newspa-
    10  per,  circular,  magazine,  handbill  and  poster,  and  by one sign not
    11  exceeding sixty square feet in area, which may be displayed on or  adja-
    12  cent  to  the premises owned or occupied by a licensed authorized organ-
    13  ization, and when an organization is licensed to conduct games of chance
    14  on premises of an authorized games of chance lessor, one additional such
    15  sign may be displayed on or adjacent to the premises in which the  games
    16  are  to  be conducted.   Additional signs may be displayed upon any fire
    17  fighting equipment belonging to  any  licensed  authorized  organization
    18  which  is a volunteer fire company, or upon any equipment of a first aid
    19  or rescue squad in and throughout the community served by such volunteer
    20  fire company or such first aid or rescue squad, as the case may be.  All
    21  advertisements  shall  be  limited  to  the description of such event as
    22  "Games of chance" or "Las Vegas  Night",  the  name  of  the  authorized
    23  organization conducting such games, the license number of the authorized
    24  organization  as  assigned  by  the  clerk  or  department and the date,
    25  location and time of the event.
    26    § 6. Severability. If any clause,  sentence,  paragraph,  subdivision,
    27  section  or  part contained in any part of this act shall be adjudged by
    28  any court of competent jurisdiction to be invalid, such  judgment  shall
    29  not  affect,  impair,  or invalidate the remainder thereof, but shall be
    30  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    31  sion, section or part contained in any part thereof directly involved in
    32  the  controversy  in which such judgment shall have been rendered. It is
    33  hereby declared to be the intent of the legislature that this act  would
    34  have  been enacted even if such invalid provisions had not been included
    35  herein.
    36    § 7. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law; provided however, that effective  immediate-
    38  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    39  necessary for the implementation of this act on its effective  date  are
    40  authorized.