S6961-2011 Actions

• May 8, 2012: REPORTED AND COMMITTED TO FINANCE
• Apr 17, 2012: REFERRED TO RACING, GAMING AND WAGERING

S6961-2011 Meetings

S6961-2011 Votes

S6961-2011 Memo

BILL NUMBER:S6961

TITLE OF BILL:
An act
to amend the general municipal law, in relation to electronic bell jar
games

SUMMARY OF PROVISIONS:
Amends the general municipal law to: (1) define an electronic bell jar
device and a swipe card; (2) prohibit the sale, lease or distribution
of an electronic bell jar device until it has been approved by the
racing and wagering board; and (3) impose restrictions, reporting
requirements and fees (three per cent of difference between tickets
purchased and prizes awarded) upon manufacturers and authorized
organizations that use electronic bell jar devices.

JUSTIFICATION:
This bill seeks to provide a more entertaining form of a "bell jar"
game that has been a popular fundraising device for charitable and
fraternal organizations for over twenty-five years. The electronic
form of this game will also inhibit the purchase of illegal bell jar
tickets and the manipulation of the outcome of bell jar games and
provide state-of-the-art accounting devices that will provide
regulators with assurances that bell jar games are conducted in
accordance with law.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Potential for enhanced revenues to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S6961-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6961

                              I N  SENATE

                               April 17, 2012
                                 ___________

  Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
    printed to be committed to the Committee on Racing, Gaming and  Wager-
    ing

  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:


    Section  1.  Section  186  of  the general municipal law is amended by
  adding two new subdivisions 22 and 23 to read as follows:

    22. "ELECTRONIC BELL JAR DEVICE" SHALL MEAN A DEVICE  OR  SYSTEM  THAT
  MAY  BE  ACTIVATED BY THE INSERTION OF CASH OR A SWIPE CARD THAT PERMITS
  SUCCESSIVE BELL JAR GAMES TO BE DISPLAYED ON AN  ELECTRONIC  SCREEN  AND
  PRESERVE  SUCH  DATA  THAT  ENABLES THE BOARD TO DETERMINE THAT REVENUES
  DERIVED FROM THE GAMES ARE PROPERLY ACCOUNTED FOR AND THAT THE INTEGRITY
  OF THE GAMES IS MAINTAINED. PRIZES MAY BE AWARDED THROUGH A VOUCHER THAT
  MAY BE ISSUED BY AN ELECTRONIC BELL JAR DEVICE OR THROUGH  CREDITS  THAT
  MAY  BE RECORDED ON A SWIPE CARD, BOTH OF WHICH MAY BE REDEEMED FOR CASH
  THROUGH A CASHIER OR OTHER REDEMPTION SYSTEM AUTHORIZED BY THE BOARD.
    23. "SWIPE CARD" MEANS A CARD THAT MAY BE PURCHASED FROM AN AUTHORIZED
  ORGANIZATION AND INSERTED IN AN ELECTRONIC BELL JAR DEVICE,  WHICH  WILL
  THEN RECORD WINS AND LOSSES DURING THE COURSE OF PLAYING SUCH ELECTRONIC
  BELL JAR DEVICE.
    S 2. Section 195-n of the general municipal law is amended by adding a
  new subdivision 1-a to read as follows:

    1-A.  NO MANUFACTURER OF ELECTRONIC BELL JAR DEVICES SHALL SELL, LEASE
  OR OTHERWISE DISTRIBUTE SUCH DEVICES TO AN  AUTHORIZED  ORGANIZATION  OR
  PERMIT  ITS  ELECTRONIC BELL JAR DEVICES TO BE SOLD, LEASED OR OTHERWISE
  DISTRIBUTED TO AN AUTHORIZED  ORGANIZATION UNTIL SUCH  MANUFACTURER  HAS
  BEEN  ISSUED  A  LICENSE  BY  THE  BOARD  AND  UNTIL AN IDENTICAL DEVICE
  CONTAINING IDENTICAL PROPRIETARY  SOFTWARE  HAS  BEEN  APPROVED  BY  THE
  BOARD, PURSUANT TO REGULATIONS ADOPTED BY THE BOARD.  AN APPLICATION FOR
  A  LICENSE OR A RENEWAL OF SUCH LICENSE SHALL BE ACCOMPANIED BY A FEE OF
  ONE THOUSAND DOLLARS AND SHALL BE MADE ON FORMS PRESCRIBED BY THE BOARD.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15309-02-2

 S. 6961                             2

  A LICENSE SHALL BE VALID FOR A PERIOD OF ONE YEAR FROM THE DATE OF ISSU-
  ANCE.
    S  3.  Subdivision  2 of section 195-q of the general municipal law is
  renumbered subdivision 3 and a new subdivision 2 is  added  to  read  as
  follows:

    2. A. WITHIN THREE BUSINESS DAYS AFTER THE SALE, LEASE OR DISTRIBUTION
  OF  AN  ELECTRONIC  BELL  JAR  DEVICE  TO  AN AUTHORIZED ORGANIZATION, A
  MANUFACTURER SHALL PROVIDE THE BOARD WITH A COPY  OF  AN  INVOICE  WHICH
  SHOWS  (I) THE NAME AND ADDRESS OF THE AUTHORIZED ORGANIZATION; (II) THE
  DATE OF SALE, LEASE OR DISTRIBUTION; (III) THE  SERIAL  NUMBER  OF  EACH
  SUCH  DEVICE; AND (IV) SUCH OTHER INFORMATION AS THE BOARD MAY, BY REGU-
  LATION, DIRECT.
    B. AN AUTHORIZED ORGANIZATION MAY ONLY  CONDUCT  ELECTRONIC  BELL  JAR
  GAMES ON PREMISES THAT IT OWNS OR LEASES.
    C.  AN  ELECTRONIC  BELL JAR DEVICE SHALL CONTAIN A SERIES OF BELL JAR
  GAMES THAT HAVE BEEN APPROVED BY  THE  BOARD  PURSUANT  TO  SECTION  ONE
  HUNDRED  NINETY-FIVE-M  OF THIS ARTICLE, EXCEPT THAT PAPER TICKETS SHALL
  APPEAR AS IMAGES ON AN ELECTRONIC SCREEN. EACH GAME SHALL BE  IDENTIFIED
  BY  A  UNIQUE  SERIAL NUMBER AND THE BELL JAR DEVICE SHALL DIVULGE (I) A
  DESCRIPTION OF THE GAME; (II) THE TOTAL NUMBER OF TICKETS IN  THE  GAME;
  (III)  THE  PAYOUT  PERCENTAGE  OF THE GAME; (IV) THE PURCHASE PRICE PER
  TICKET; AND (V) THE  NUMBER  AND  AMOUNTS  OF  TICKETS  THAT  RESULT  IN
  WINNERS.   THE AUTHORIZED ORGANIZATION SHALL ALSO MAINTAIN THE FOREGOING
  INFORMATION IN PRINTED FORM.
    D. UPON COMPLETION OF A GAME, THE DATA CONTAINED  IN  PARAGRAPH  C  OF
  THIS  SUBDIVISION  SHALL BE PRESERVED BY THE ELECTRONIC BELL JAR DEVICE,
  TOGETHER WITH THE FOLLOWING: (I) THE TIME AND DATE THAT THE GAME  BECAME
  AVAILABLE  FOR  PLAY; (II) THE TIME AND DATE THAT THE GAME WAS COMPLETED
  OR REMOVED FROM PLAY; (III) TOTAL  AMOUNT  OF  TICKETS  PURCHASED;  (IV)
  TOTAL  AMOUNT OF PRIZES AWARDED; AND (V) SUCH OTHER INFORMATION THAT THE
  BOARD MAY DIRECT, BY REGULATION, THAT ALLOWS THE BOARD TO DETERMINE THAT
  THE GAME WAS CONDUCTED IN ACCORDANCE WITH LAW.
    E. THE INFORMATION CONTAINED IN PARAGRAPH D OF THIS SUBDIVISION, SHALL
  BE SUBMITTED TO THE BOARD AT SUCH INTERVALS AS THE BOARD, BY REGULATION,
  MAY DIRECT. THE TOTAL AMOUNT OF TICKETS PURCHASED AND THE  TOTAL  AMOUNT
  OF  PRIZES AWARDED FOR EACH GAME COMPLETED SHALL ALSO BE COMPILED INTO A
  MONTHLY REPORT THAT SHALL BE SUBMITTED TO THE BOARD NO  LATER  THAN  THE
  FIFTEENTH  DAY  OF  THE  FOLLOWING  MONTH, TOGETHER WITH THE MONTHLY FEE
  DESCRIBED IN PARAGRAPH F OF THIS SUBDIVISION.
    F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
  THE  MONTHLY  FEE FOR CONDUCTING ELECTRONIC BELL JAR GAMES SHALL BE FIVE
  PERCENT OF THE DIFFERENCE BETWEEN THE TOTAL AMOUNT FOR TICKETS PURCHASED
  AND THE TOTAL AMOUNT OF PRIZES AWARDED FOR EACH GAME THAT WAS  COMPLETED
  DURING THE PRECEDING MONTH.
    G.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, "NET PROCEEDS" FROM
  ELECTRONIC BELL JARS SHALL CONSIST OF THE AMOUNTS DERIVED FROM THE  SALE
  OF  BELL JAR TICKETS, LESS PAYMENTS FOR PRIZES AWARDED, FEES PAID TO THE
  BOARD, AND PAYMENTS MADE TO MANUFACTURERS FOR  THE  PURCHASE,  LEASE  OR
  OTHER  DISTRIBUTION  OF  ELECTRONIC  BELL  JAR  DEVICES AND THE SOFTWARE
  CONTAINED IN SUCH DEVICES.
    S 4. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.