S5583-2011 Actions

• Jan 4, 2012: REFERRED TO RACING, GAMING AND WAGERING
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to codes
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 13, 2011: ORDERED TO THIRD READING CAL.1175
• Jun 11, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 3, 2011: REFERRED TO RACING, GAMING AND WAGERING

S5583-2011 Meetings

S5583-2011 Calendars

S5583-2011 Votes

S5583-2011 Memo

BILL NUMBER:S5583

TITLE OF BILL:

An act
to amend the tax law, in relation to licenses issued by the division of
the lottery

PURPOSE:

This bill would clarify the Division of the Lottery's (the "Lottery")
authority to obtain national criminal background search results for
applicants and holders of licenses issued by the Lottery, including
employees of Video Lottery Gaming ("VLG") agents.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Tax Law � 1605 to clarify Lottery's
authority to obtain national criminal background search results for
applicants or holders of VLG licenses issued pursuant to Tax Law
1617-a, including VLG agents; vendors; vendors' subcontractors;
employees of agents, vendors or subcontractors; and officers,
directors, partners, trustees or owners of agents, vendors or
vendors' subcontractors.

Section 2 provides for an immediate effective date.

EXISTING LAW:

Tax Law � 1605 specifically authorizes the Lottery to obtain state and
national criminal background search results for applicants or holders
of Lottery sales agent licenses.
Tax Law � 1617-a authorizes the Lottery to license the operation of VLG.

JUSTIFICATION:

This bill amends Tax Law �1605 to clarify the Lottery's authority to
obtain national criminal background search results for applicants or
holders of VLG licenses. When Tax Law � 1617-a was enacted and
authorized the Lottery to license the operation of VLG
facilities, related provisions of the Tax Law should have been
amended to include VLG licenses and licensees. Recently, the Federal
Bureau of Investigations ("FBI") questioned this apparent ambiguity
in the law.

Pursuant to federal law, the FBI is authorized to exchange criminal
history records with officials of state and local governments for
purposes of employment and licensing, if authorized by state statute
and approved by the FBI. The FBI, with the assistance of the United
States Department of Justice, has determined that state statutes must
meet certain criteria in order to authorize such access. As the

result of discussions with the Division of Criminal Justice Services
and the FBI, it was determined that this proposed amendment to Tax
Law � 1605 would sufficiently clarify the Lottery's authority to
continue obtaining national criminal background search results which
are used to verify the backgrounds of persons employed in positions
that can present a risk to public safety and public finances, such as
agents, employees and vendors at VLG facilities operated under the
authority of the Lottery.

LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

This bill has no fiscal impact on the state.

EFFECTIVE DATE:

This bill would take effect immediately.

S5583-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5583
 2011-2012 Regular Sessions
 I N  SENATE
 June 3, 2011
 
 Introduced  by  Sen.  BONACIC  --  (at  request  of  the Division of the
 Lottery) -- read twice and ordered printed, and  when  printed  to  be
 committed to the Committee on Racing, Gaming and Wagering
 

AN ACT to amend the tax law, in relation to licenses issued by the divi
 sion of the lottery
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The section heading and subdivisions a  and  e  of  section
 1605  of  the tax law, the section heading and subdivision a as added by
 chapter 92 of the laws of 1976 and subdivision e as amended by chapter 2
 of the laws of 1995, are amended to read as follows:

 Lottery sales agents AND OTHER LICENSEES.  a. The division may license
 as agents to sell lottery tickets such persons as in  its  opinion  will
 best serve public convenience, except that no license shall be issued to
 any  person  to engage in business exclusively as a lottery sales agent.
 THE DIVISION MAY LICENSE SUCH PERSONS AS IN ITS OPINION ARE SUITABLE  TO
 PARTICIPATE  IN VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN HUNDRED
 SEVENTEEN-A OF THIS ARTICLE.
 e. The division is hereby authorized  to  obtain  criminal  background
 information  on any applicant for, or holder of, a lottery [sales agent]
 license for the purpose of  determining  whether  a  license  should  be
 granted,  suspended, or revoked. The sources of such information include
 the license applicant  or  holder,  the  division  of  criminal  justice
 services,  and  any  licensing  agency  which is currently considering a
 licensing application or which has been granted a presently-held license
 to the same license applicant or holder. The division shall require each
 license applicant to submit identifying information which shall  include
 fingerprints  unless they are already on file with the division or other
 state  agencies.  The  fingerprints  so  obtained  shall  be   forthwith
 forwarded, and the applicable fee transmitted, to the division of crimi
 nal  justice  services  or  any other state or federal government agency
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11975-01-1
 
       S. 5583                             2
 having facilities for checking fingerprints for the purpose of determin
 ing whether or not criminal charges are pending against the applicant or
 whether or not the applicant had previously been convicted of  a  crime,
 and  such agency shall promptly report a finding of such pending charges
 and previous convictions, if any, to the division in writing or by elec
 tronic means or any other method agreed upon by the  division  and  such
 agency. In its discretion, the division may decline to act on any appli
 cation pending the disposition of any pending charges against the appli
 cant.  The division may, after providing notice and an opportunity for a
 hearing pursuant to the  state  administrative  procedure  act,  deny  a
 license to any person found to have committed a felony under the laws of
 the  United  States  or  under  the laws of the state of New York or any
 other state or foreign jurisdiction or  any  crime  relating  to  gaming
 activities  or  that is otherwise found to have engaged in conduct which
 would  be  prejudicial  to  public  confidence  in  the  state  lottery.
 Notwithstanding the provisions of article six of the public officers law
 or  any other law to the contrary, the division may withhold from public
 disclosure  any  criminal  history  information  except  that   criminal
 convictions may not be withheld under this provision.
 FOR  PURPOSES OF THIS ARTICLE, A LICENSEE MAY INCLUDE: A LOTTERY SALES
 AGENT; A VIDEO LOTTERY GAMING AGENT; A VENDOR; A VENDOR'S SUBCONTRACTOR;
 AN EMPLOYEE OF AN AGENT, VENDOR OR VENDOR'S SUBCONTRACTOR; OR  AN  OFFI
 CER, DIRECTOR, PARTNER, TRUSTEE OR OWNER OF AN AGENT, VENDOR OR VENDOR'S
 SUBCONTRACTOR.
 

S 2. This act shall take effect immediately.

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