Permits the transportation and display of gambling devices within the state for certain specific circumstances.
Ayes (59): Adams, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Diaz
Absent (1): Espaillat
Excused (2): Addabbo, Krueger
TITLE OF BILL: An act to amend the racing, pari-mutuel wagering and breeding law and the penal law, in relation to the transportation and possession of a gambling device
PURPOSE: This bill would allow the transportation and possession of gambling devices under certain circumstances.
SUMMARY OF PROVISIONS:
Section 1: Amends section 104 of the Racing, Pari-Mutuel Wagering and Breeding Law by adding a new subdivision 21 to allow the transportation and possession of a gambling device for the purposes of exhibition, marketing, and product development.
Section 2: Amends section 225.30 of the Penal Law by adding a new subdivision e which provides that transportation and possession of a gambling device shall not be unlawful where such gambling device was transported into New York pursuant to paragraph 21 of section 104 of the Racing, Pari-Mutuel Wagering and Breeding Law.
Section 3: Effective date.
JUSTIFICATION: Chapter 321 of the Laws of 2010 amended the penal law to affirmatively state that mere repair, assembly and/or transport of gambling devices is not a crime as long as it is for use in a lawful jurisdiction and not for unlawful use in New York. These provisions included transportation and possession of a slot machine for the purposes of product development. This legislation would expand the authorization to allow manufacturers to market and exhibit gambling devices in New York.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately; provided however that section one of this act shall take effect on the same date and in the same manner as section 1 of part A of chapter 60 of the laws of 2012, takes effect.
STATE OF NEW YORK ________________________________________________________________________ 3792 2013-2014 Regular Sessions IN SENATE February 15, 2013 ___________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 racing, pari-mutuel wagering and breeding law and the penal law, in relation to the transportation and possession of a gambling device THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 104 of the racing, pari-mutuel wagering and breed- ing law is amended by adding a new subdivision 21 to read as follows: 21. NOTWITHSTANDING SECTION 225.30 OF THE PENAL LAW, THE COMMISSION SHALL ACCEPT FOR FILING THE STATEMENT OF ANY OFFICER OR EMPLOYEE OF A MANUFACTURER OF DISTRIBUTOR OF GAMBLING DEVICES TO PERMIT THE TRANSPOR- TATION AND POSSESSION OF A GAMBLING DEVICE WITHIN THE STATE. THE STATE- MENT SHALL AFFIRM UNDER PENALTY OF PERJURY THAT SUCH DEVICE WAS TRANS- PORTED INTO THIS STATE IN A SEALED CONTAINER AND POSSESSED SOLELY FOR THE PURPOSE OF EXHIBITION, MARKETING, AND PRODUCT DEVELOPMENT. SUCH STATEMENT SHALL FURTHER SPECIFY THE NUMBER OF MACHINES, TYPES OF MACHINES AND THE DATES UPON WHICH SUCH MACHINES ARE TO BE SO TRANSPORTED AND POSSESSED WITHIN THE STATE, WHICH PERIOD SHALL NOT EXCEED TWO WEEKS. THE COMMISSION MAY PRESCRIBE BY REGULATION THE FORM AND CONTENT OF SUCH STATEMENT. S 2. Section 225.30 of the penal law is amended by adding a new subdi- vision e to read as follows: E. TRANSPORTATION AND POSSESSION OF A GAMBLING DEVICE SHALL NOT BE UNLAWFUL WHERE SUCH GAMBLING DEVICE WAS TRANSPORTED INTO THIS STATE PURSUANT TO PARAGRAPH TWENTY-ONE OF SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW. S 3. This act shall take effect immediately; provided however that section one of this act shall take effect on the same date and in the same manner as section 1 of part A of chapter 60 of the laws of 2012, takes effect.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07816-01-3