Relates to licenses issued by the division of the lottery.
- Jul 20, 2011: SIGNED CHAP.217
- Jul 8, 2011: DELIVERED TO GOVERNOR
- Jun 17, 2011: returned to senate
- Jun 17, 2011: passed assembly
- Jun 17, 2011: ordered to third reading rules cal.448
- Jun 17, 2011: substituted for a8245a
- Jun 17, 2011: referred to ways and means
- Jun 17, 2011: DELIVERED TO ASSEMBLY
- Jun 17, 2011: PASSED SENATE
- Jun 17, 2011: ORDERED TO THIRD READING CAL.1361
- Jun 14, 2011: REFERRED TO RULES
S5760-2011 MeetingsRules: Jun 17, 2011
S5760-2011 CalendarsFloor Calendar: Jun 17, 2011
VOTE: FLOOR VOTE: - Jun 17, 2011
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
BILL NUMBER:S5760 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 � 16l7-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 � l6l7-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.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5760 2011-2012 Regular Sessions I N SENATE June 14, 2011 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 having facilities for checking fingerprints for the purpose of determin- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11975-04-1 S. 5760 2 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. PRIOR TO OR UPON MAKING A DETERMINATION NOT TO APPROVE AN APPLICATION FOR A LOTTERY LICENSE BASED UPON AN APPLICANT'S CRIMINAL HISTORY RECORD, THE DIVISION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORM SUCH APPLICANT OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTAB- LISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. In its discretion, the division may decline to act on any application pending the disposi- tion of any pending charges against the applicant. 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 juris- diction 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. ALL DETERMINATIONS TO GRANT OR DENY A LICENSE PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI- CLE TWENTY-THREE-A OF THE CORRECTION LAW. 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.