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A03967 Summary:

BILL NOA03967
 
SAME ASSAME AS S06230
 
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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A03967 Actions:

BILL NOA03967
 
01/29/2021referred to racing and wagering
03/10/2021reported referred to codes
03/24/2021reported referred to ways and means
05/25/2021reported referred to rules
06/01/2021reported
06/01/2021rules report cal.173
06/01/2021ordered to third reading rules cal.173
06/01/2021passed assembly
06/01/2021delivered to senate
06/01/2021REFERRED TO RULES
06/09/2021SUBSTITUTED FOR S6230
06/09/20213RD READING CAL.1650
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
10/13/2021delivered to governor
10/25/2021vetoed memo.48
10/25/2021tabled
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A03967 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3967
 
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. 201C - 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: A9994 05/03/16 referred to racing and wagering A9994 05/11/16 reported referred to codes A4402 04/23/18 passed assembly A4402 04/23/18 delivered to senate A4402 04/23/18 REFERRED TO RACING, GAMING AND WAGERING A4623 03/14/19 passed assembly A4623 11/25/19 vetoed memo.152 A9130 reported & advanced to third reading   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, and shall apply to tickets which are manufactured on or after such date, 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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A03967 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3967
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2021
                                       ___________
 
        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. (a) For  business  conducted  in  this
     5  state,  manufacturers  licensed  by  the  board to sell bell jar tickets
     6  shall [sell] : (i) only sell such tickets to  distributors  licensed  by
     7  the  board;  (ii)  only sell such tickets that have been approved by the
     8  board; and (iii) are imprinted with an approved legend prescribed by the
     9  board in a manner prescribed by the board. Bell  jar  tickets  that  are
    10  banded  single-sided single-tabbed, double-sided single-tabbed or folded
    11  bell jar tickets are excluded  from  the  approved  legend  requirement.
    12  Manufacturers  of  bell jar tickets, seal cards, merchandise boards, and
    13  coin boards may submit samples, artists' renderings, or  color  photoco-
    14  pies  of proposed bell jar tickets, seal cards, merchandise boards, coin
    15  boards, payout cards, and flares for review and approval by  the  board.
    16  Within  thirty  days  of  receipt of such sample or rendering, the board
    17  shall approve or deny such bell jar tickets.  Following  approval  of  a
    18  rendering  of  a  bell jar ticket, seal card, merchandise board, or coin
    19  board by the board, the manufacturer shall submit to the board a  sample
    20  of  the  printed  bell  jar  ticket,  seal card, merchandise board, coin
    21  board, payout card, and flare  for  such  game.  Such  sample  shall  be
    22  submitted  prior to the sale of the game to any licensed distributor for
    23  resale in this state. For coin boards and  merchandise  boards,  nothing
    24  herein  shall  require  the  submittal of actual coins or merchandise as
    25  part of the approval process. (b) Any licensed manufacturer  who  [will-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08914-01-1

        A. 3967                             2

     1  fully]  intentionally  violates  the  provisions  of this section shall:
     2  [(a)] (i) upon such first offense, have their license  suspended  for  a
     3  period  of thirty days; [(b)] (ii) upon such second offense, participate
     4  in  a  hearing to be conducted by the board, and surrender their license
     5  for such period as recommended by the board; and [(c)] (iii)  upon  such
     6  third  or  subsequent offense, have their license suspended for a period
     7  of one year and shall be guilty of a  class  E  felony.  Any  unlicensed
     8  manufacturer who violates the provisions of this section shall be guilty
     9  of a class E felony.
    10    §  2.  Subdivision 1 of section 195-o of the general municipal law, as
    11  amended by chapter 637 of the laws  of  1999,  is  amended  to  read  as
    12  follows:
    13    1.  Distribution; distributors. Any distributor licensed in accordance
    14  with section one hundred eighty-nine-a of  this  article  to  distribute
    15  bell  jar  tickets  shall  purchase  bell jar tickets only from licensed
    16  manufacturers and may manufacture coin  boards  and  merchandise  boards
    17  only  as  authorized  in  subdivision  one-a  of  this section. Licensed
    18  distributors who purchase bell jar tickets for resale in New York  state
    19  shall  only  purchase  and  resell  bell  jar  tickets imprinted with an
    20  approved legend prescribed by the board in a manner  prescribed  by  the
    21  board, or bell jar tickets that have been approved by the board that are
    22  banded  single-sided single-tabbed, double-sided single-tabbed or folded
    23  bell jar tickets. Licensed distributors of bell jar tickets  shall  sell
    24  such  tickets  only to not-for-profit, charitable or religious organiza-
    25  tions registered by the board. Any licensed distributor who  [willfully]
    26  intentionally  violates  the  provisions of this section shall: (a) upon
    27  such first offense, have their license suspended for a period of  thirty
    28  days;  (b)  upon  such  second  offense,  participate in a hearing to be
    29  conducted by the board, and surrender their license for such  period  as
    30  recommended by the board; and (c) upon such third or subsequent offense,
    31  have their license suspended for a period of one year and shall be guil-
    32  ty  of  a  class  E felony. Any unlicensed distributor who violates this
    33  section shall be guilty of a class E felony.
    34    § 3. This act shall take effect on the first of January next  succeed-
    35  ing  the  year  in  which  it shall have become a law and shall apply to
    36  tickets which are manufactured on or after such date.   Effective  imme-
    37  diately  the addition, amendment and/or repeal of any rule or regulation
    38  necessary for the implementation of this act on its effective  date  are
    39  authorized to be made and completed on or before such date.
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