- Summary
- Actions
- Committee Votes
- Floor Votes
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S00994 Summary:
BILL NO | S00994C |
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SAME AS | SAME AS A02303-C |
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SPONSOR | BONACIC |
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COSPNSR | AVELLA, GALLIVAN, MARCHIONE, O'MARA, RITCHIE, SANDERS, SAVINO |
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MLTSPNSR | |
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Amd §§186, 188-a, 189, 189-a, 195-c, 195-n, 195-o & 195-q, Gen Muni L | |
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Relates to authorizing and regulating the use of electronic bell jar vending machines. |
S00994 Actions:
BILL NO | S00994C | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/06/2017 | REFERRED TO RACING, GAMING AND WAGERING | |||||||||||||||||||||||||||||||||||||||||||||||||
01/31/2017 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2017 | AMEND AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2017 | PRINT NUMBER 994A | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | REFERRED TO RACING, GAMING AND WAGERING | |||||||||||||||||||||||||||||||||||||||||||||||||
04/16/2018 | AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING | |||||||||||||||||||||||||||||||||||||||||||||||||
04/16/2018 | PRINT NUMBER 994B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2018 | AMEND AND RECOMMIT TO RACING, GAMING AND WAGERING | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2018 | PRINT NUMBER 994C | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | ORDERED TO THIRD READING CAL.2029 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | substituted for a2303c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | ordered to third reading cal.169 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2018 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/18/2018 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2018 | VETOED MEMO.351 |
S00994 Committee Votes:
Go to topS00994 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
No
Peoples-Stokes
Yes
Steck
ER
Arroyo
Yes
Crouch
No
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
No
Barron
Yes
DenDekker
ER
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
Yes
Richardson
Yes
Walker
Yes
Blake
No
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
No
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
No
Rosenthal L
No
Weinstein
Yes
Braunstein
ER
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
No
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
No
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
No
Simon
Yes
Mr. Speaker
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
S00994 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 994--C 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sens. BONACIC, AVELLA, GALLIVAN, MARCHIONE, O'MARA, RITCHIE, SANDERS, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wager- ing -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Racing, Gaming and Wagering in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to electronic bell jar games The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and purpose. 1. The legislature here- 2 by finds that: 3 (a) bell jar games are a popular and profitable fundraising mechanism 4 for bona fide not-for-profit organizations across the state, generating 5 millions of dollars in net revenues for charitable purposes every year; 6 (b) authorized organizations that offer bell jars and other games of 7 chance must meet strict standards established by the New York state 8 general municipal law and the New York state gaming commission, includ- 9 ing receiving a license to conduct charitable gaming activities; and 10 (c) while other types of gaming in New York state have continued to 11 expand and improve, the operation of charitable gaming activities has 12 largely remained the same over the last several decades. 13 2. For the aforementioned reasons, the legislature hereby declares 14 that authorized organizations licensed by the New York state gaming 15 commission to conduct charitable gaming would greatly benefit from the 16 ability to operate electronic bell jar vending machines, which display EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04475-10-8S. 994--C 2 1 and dispense pre-printed bell jar tickets that have predetermined 2 winners and predetermined values for prizes, in order to help increase 3 charitable gaming profits across the state and attract more members to 4 join such organizations. 5 § 2. Subdivision 3-a of section 186 of the general municipal law, as 6 amended by chapter 531 of the laws of 2011, is amended to read as 7 follows: 8 3-a. "Bell jars" shall mean and include those games in which a partic- 9 ipant shall draw a card from a jar, vending machine, including an elec- 10 tronic bell jar vending machine, or other suitable device or container 11 which contains numbers, colors or symbols that are covered and which, 12 when uncovered, may reveal that a prize shall be awarded on the basis of 13 a designated winning number, color or symbol or combination of numbers, 14 colors or symbols. Bell jars shall also include seal cards, coin boards, 15 event games, and merchandise boards. An electronic bell jar vending 16 machine shall use electronic features to display and dispense pre-print- 17 ed bell jar tickets, including audio and video features to display 18 information about a ticket being dispensed, provided that such features 19 do not affect the outcome of the game. 20 § 3. Subdivision 9 of section 188-a of the general municipal law, as 21 added by chapter 960 of the laws of 1976, is amended to read as follows: 22 9. (a) The [board] commission shall have the power to approve and 23 establish a standard set of games of chance equipment and shall by its 24 rules and regulations prescribe the manner in which such equipment is to 25 be reproduced and distributed to licensed authorized organizations. The 26 sale or distribution to a licensed authorized organization of any equip- 27 ment other than that contained in the standard set of games of chance 28 equipment shall constitute a violation of this section. 29 (b) After the effective date of the chapter of the laws of two thou- 30 sand eighteen that amended this subdivision, no electronic bell jar 31 vending machine shall be sold, leased, distributed, installed, or oper- 32 ated by any manufacturer, distributor, or charitable organization until 33 such machine has been approved by the commission. No electronic bell 34 jar vending machine shall be approved by the commission unless the oper- 35 ation of the game demonstrates that there is a finite probability basis 36 of having a predetermined quantity of chances among which there is a 37 predetermined quantity of winners that pay a fixed and predetermined 38 value of prizes, regardless of the symbols that are used or how those 39 symbols are displayed on pre-printed bell jar tickets. 40 § 4. Subdivision 3 of section 189 of the general municipal law, as 41 amended by chapter 337 of the laws of 1998, is amended to read as 42 follows: 43 3. No authorized organization licensed under the provisions of this 44 article shall purchase, lease, or receive any supplies or equipment 45 specifically designed or adapted for use in the conduct of games of 46 chance from other than a supplier licensed by the board or from another 47 authorized organization. Lease terms and conditions shall be subject to 48 rules and regulations promulgated by the board. The provisions of this 49 article shall not be construed to authorize or permit an authorized 50 organization to engage in the business of leasing games of chance, 51 supplies, or equipment. Furthermore, no organization shall purchase bell 52 jar tickets[,] or deals of bell jar tickets, or purchase or lease any 53 electronic bell jar vending machine, from any other person or organiza- 54 tion other than those specifically authorized under sections one hundred 55 ninety-five-n and one hundred ninety-five-o of this article.S. 994--C 3 1 § 5. The opening paragraph of section 189-a of the general municipal 2 law, as amended by chapter 164 of the laws of 2003, is amended to read 3 as follows: 4 No person, firm, partnership, corporation or organization, shall sell 5 or distribute supplies or equipment specifically designed or adapted for 6 use in conduct of games of chance without having first obtained a 7 license therefor upon written application made, verified and filed with 8 the [board] commission in the form prescribed by the rules and regu- 9 lations of the [board] commission. As a part of its determination 10 concerning the applicant's suitability for licensing as a games of 11 chance supplier, the [board] commission shall require the applicant to 12 furnish to the [board] commission two sets of fingerprints. Such fing- 13 erprints shall be submitted to the division of criminal justice services 14 for a state criminal history record check, as defined in subdivision one 15 of section three thousand thirty-five of the education law, and may be 16 submitted to the federal bureau of investigation for a national criminal 17 history record check. Manufacturers of bell jar tickets shall be consid- 18 ered suppliers of such equipment. In each such application for a license 19 under this section shall be stated the name and address of the appli- 20 cant; the names and addresses of its officers, directors, shareholders 21 or partners; the amount of gross receipts realized on the sale and 22 rental of games of chance supplies and equipment to duly licensed 23 authorized organizations during the last preceding calendar or fiscal 24 year, and such other information as shall be prescribed by such rules 25 and regulations. The fee for such license shall be a sum equal to twen- 26 ty-five dollars plus an amount equal to two per centum of the gross 27 sales and rentals, if any, of games of chance equipment and supplies to 28 authorized organizations or authorized games of chance lessors by the 29 applicant during the preceding calendar year, or fiscal year if the 30 applicant maintains his accounts on a fiscal year basis; provided, 31 however, that for manufacturers of electronic bell jar vending machines, 32 the fee for such license shall be one thousand dollars. No license 33 granted pursuant to the provisions of this section shall be effective 34 for a period of more than one year. 35 § 6. Section 195-c of the general municipal law is amended by adding 36 three new subdivisions 3, 4, and 5 to read as follows: 37 3. Each electronic bell jar vending machine that has been approved by 38 the commission pursuant to paragraph (b) of subdivision nine of section 39 one hundred eighty-eight-a of this article shall have the ability to: 40 (a) read a barcode or similar form of encryption or marking on the 41 pre-printed bell jar ticket; 42 (b) reveal results and other game information through audio and video 43 displays; 44 (c) verify if a bell jar ticket is redeemable for a prize; 45 (d) electronically aggregate winning prizes for continued play; 46 (e) produce a voucher for prize redemption; and 47 (f) track the sales of tickets and report such sales to the commis- 48 sion. 49 4. The following information shall be displayed by each electronic 50 bell jar vending machine: 51 (a) the total number of tickets in each deal; 52 (b) the price of each ticket; 53 (c) the number and amount of prizes available or remaining in each 54 deal; 55 (d) the number and amounts of prizes that have been claimed in each 56 deal;S. 994--C 4 1 (e) the number of winners per ticket and its respective winning 2 numbers or symbols; 3 (f) the name of the game; and 4 (g) the name or logo of the manufacturer of the tickets. 5 5. When a voucher is produced by an electronic bell jar vending 6 machine for prize redemption, the following information shall appear on 7 such voucher: 8 (a) the aggregate prize amount payable to the player; 9 (b) the value of any unused tickets; 10 (c) the device number or other identification method for the vending 11 machine that produced such voucher; 12 (d) the date and time that such voucher was printed; 13 (e) the sequential number of such voucher; 14 (f) a barcode or similar form of encryption that may be used to vali- 15 date the prize amount payable to the player; and 16 (g) the period of time during which unused tickets or prize amounts 17 must be claimed. 18 § 7. Subdivisions 1 and 4 of section 195-n of the general municipal 19 law, as amended by chapter 637 of the laws of 1999, are amended to read 20 as follows: 21 1. Distribution; manufacturers. For business conducted in this state, 22 manufacturers licensed by the [board] commission to sell bell jar tick- 23 ets or electric bell jar vending machines shall sell only such tickets 24 or vending machines to distributors licensed by the [board] commission. 25 Manufacturers of bell jar tickets, seal cards, merchandise boards, and 26 coin boards may submit samples, artists' renderings, or color photoco- 27 pies of proposed bell jar tickets, seal cards, merchandise boards, coin 28 boards, payout cards, and flares for review and approval by the [board] 29 commission. Within thirty days of receipt of such sample or rendering, 30 the [board] commission shall approve or deny such bell jar tickets. 31 Following approval of a rendering of a bell jar ticket, seal card, 32 merchandise board, or coin board by the [board] commission, the manufac- 33 turer shall submit to the [board] commission a sample of the printed 34 bell jar ticket, seal card, merchandise board, coin board, payout card, 35 and flare for such game. Such sample shall be submitted prior to the 36 sale of the game to any licensed distributor for resale in this state. 37 For coin boards and merchandise boards, nothing herein shall require the 38 submittal of actual coins or merchandise as part of the approval proc- 39 ess. Any licensed manufacturer who willfully violates the provisions of 40 this section shall: (a) upon such first offense, have their license 41 suspended for a period of thirty days; (b) upon such second offense, 42 participate in a hearing to be conducted by the [board] commission, and 43 surrender their license for such period as recommended by the [board] 44 commission; and (c) upon such third or subsequent offense, have their 45 license suspended for a period of one year and shall be guilty of a 46 class E felony. Any unlicensed manufacturer who violates the provisions 47 of this section shall be guilty of a class E felony. 48 4. Reports of sales. A manufacturer who sells bell jar tickets for 49 resale in this state shall file with the [board] commission, on a form 50 prescribed by the [board] commission a report of all bell jar tickets 51 sold to distributors in the state. The report shall be filed quarterly 52 on or before the twentieth day of the month succeeding the end of the 53 quarter in which the sale was made. The [board] commission may require 54 that the report be submitted via magnetic media or electronic data 55 transfer. Such report shall also include information regarding any elec-S. 994--C 5 1 tronic bell jar vending machines sold or leased to a distributor 2 licensed by the commission. 3 § 8. Subdivisions 1, 3, 4, and 5 of section 195-o of the general 4 municipal law, subdivision 1 as amended by chapter 637 of the laws of 5 1999, subdivisions 3 and 4 as added by chapter 309 of the laws of 1996 6 and subdivision 5 as amended by section 16 of part MM of chapter 59 of 7 the laws of 2017, are amended to read as follows: 8 1. Distribution; distributors. Any distributor licensed in accordance 9 with section one hundred eighty-nine-a of this article to distribute 10 bell jar tickets or electronic bell jar vending machines shall purchase 11 [bell jar] such tickets and vending machines only from licensed manufac- 12 turers and may manufacture coin boards and merchandise boards only as 13 authorized in subdivision one-a of this section. Licensed distributors 14 of bell jar tickets and electronic bell jar vending machines shall sell 15 such tickets and vending machines only to not-for-profit, charitable or 16 religious organizations registered by the [board] commission. Any 17 licensed distributor who willfully violates the provisions of this 18 section shall: (a) upon such first offense, have their license suspended 19 for a period of thirty days; (b) upon such second offense, participate 20 in a hearing to be conducted by the [board] commission, and surrender 21 their license for such period as recommended by the [board] commission; 22 and (c) upon such third or subsequent offense, have their license 23 suspended for a period of one year and shall be guilty of a class E 24 felony. Any unlicensed distributor who violates this section shall be 25 guilty of a class E felony. 26 3. Sales records. A distributor shall maintain a record of all bell 27 jar tickets that it sells and all electronic bell jar vending machines 28 that it sells or leases. The record shall include, but need not be 29 limited to: 30 (a) the identity of the manufacturer from whom the distributor 31 purchased the product; 32 (b) the serial number of the product; 33 (c) the name, address, and license or exempt permit number of the 34 organization or person to which the sale was made; 35 (d) the date of the sale; 36 (e) the name of the person who ordered the product; 37 (f) the name of the person who received the product; 38 (g) the type of product; 39 (h) the serial number of the product; 40 (i) the account number identifying the sale from the manufacturer to 41 distributor and the account number identifying the sale from the 42 distributor to the licensed organization; and 43 (j) the name, form number, or other identifying information for each 44 game. 45 4. Invoices. (a) A distributor shall supply with each sale of a bell 46 jar product an itemized invoice showing the distributor's name and 47 address, the purchaser's name, address, and license number, the date of 48 the sale, the account number identifying the sale from the manufacturer 49 to distributor and the account number identifying the sale from the 50 distributor to the licensed organization, and the description of the 51 deals, including the form number, the serial number and the ideal gross 52 from every deal of bell jar or similar game. 53 (b) Within five business days after the sale, lease, or distribution 54 of an electronic bell jar vending machine to an authorized organization, 55 the distributor shall provide a copy of an invoice to the commission 56 which shows:S. 994--C 6 1 (i) the name and address of the authorized organization; 2 (ii) the date of sale, lease or distribution; 3 (iii) the serial number of each such machine; and 4 (iv) any additional information as the commission may require. 5 5. Reports. A distributor shall report quarterly to the gaming commis- 6 sion, on a form prescribed by the gaming commission, its sales of each 7 type of bell jar deal or tickets and electronic bell jar vending 8 machines. This report shall be filed quarterly on or before the twenti- 9 eth day of the month succeeding the end of the quarter in which the sale 10 was made. The gaming commission may require that a distributor submit 11 the quarterly report and invoices required by this section via electron- 12 ic media or electronic data transfer. 13 § 9. Section 195-q of the general municipal law is amended by adding a 14 new subdivision 3 to read as follows: 15 3. (a) An authorized organization may only operate electronic bell jar 16 vending machines on premises that it owns or leases. 17 (b) An authorized organization may operate no more than five electron- 18 ic bell jar vending machines. In no situation may more than five elec- 19 tronic bell jar machines be operated at any leased premises, no matter 20 how many authorized organizations are co-lessees. 21 (c) No authorized organization may operate electronic bell jar vending 22 machines unless they were a games of chance licensee and conducted bell 23 jar games prior to the effective date of this subdivision. The 24 provisions of this paragraph shall not apply to any military or veterans 25 organization named in subdivisions nine, thirty, thirty-a, thirty-seven, 26 thirty-eight, thirty-eight-a, thirty-eight-b, thirty-nine, forty, 27 forty-one, forty-two, forty-three, forty-four, forty-five, forty-five-a, 28 forty-seven, fifty-three, fifty-four, or fifty-nine of section two of 29 the benevolent orders law, nor shall it apply to an authorized organiza- 30 tion which is a successor organization to an authorized organization 31 which was a games of chance licensee and conducted bell jar games prior 32 to the effective date of this subdivision. 33 (d) Each bell jar vending machine shall generate sales reports and 34 such other information that the commission may direct by regulation in 35 order to determine that such machine is operating in accordance with the 36 provisions of this chapter. The commission shall have access to the 37 server of each electronic bell jar vending machine for the purpose of 38 monitoring and auditing at no cost to the state. 39 (e) Any unclaimed funds or tickets left in any electronic bell jar 40 vending machine shall be retained by the authorized organization and 41 reported as net proceeds. 42 § 10. This act shall take effect on the one hundred eightieth day 43 after it shall have become a law.