Bill S5169-2013

Relates to the transportation and possession of gambling devices

Relates to the transportation and possession of gambling devices and effectiveness of the provisions of a chapter of the laws of 2013 relating thereto.

Details

Actions

  • May 22, 2013: SUBSTITUTED BY A7336
  • May 21, 2013: ORDERED TO THIRD READING CAL.740
  • May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 13, 2013: REFERRED TO RACING, GAMING AND WAGERING

Votes

VOTE: COMMITTEE VOTE: - Rules - May 21, 2013
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Montgomery, Perkins, Gianaris
Ayes W/R (1): Krueger
Nays (1): Espaillat
Excused (1): Parker

Memo

BILL NUMBER:S5169

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, and to amend a chapter of the laws of 2013 amending the racing, pari-mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling device, as proposed in legislative bills numbers S. 3792 and A. 2598, in relation to the effectiveness thereof

PURPOSE OR GENERAL IDEA OF BILL:

This bill would make technical amendments to a Chapter of the Laws of 2013 which authorizes the transportation and possession of gambling devices under certain circumstances.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would clarify the terms and conditions under which a manufacturer or distributor may transport a gambling device into New York State. These clarifications include the requirement that the manufacturer or distributor provide the name of the person or persons who will have custody of the device while it is in New York.

JUSTIFICATION:

This bill would clarify the provisions allowing manufacturers to market and exhibit gambling devices in New York which were proposed in legislative bills numbers S.3792 and A.2598. Provisions are included which would authorize the New York State Gaming Commission to establish the manner in which these devices are brought into the state.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided that sections one and two of this act shall take effect on the same date and in the same mariner as a chapter of the laws of 2013 amending the racing, pari-mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling, device, as proposed in legislative bills numbers S.3792 and A.2598, takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 5169 2013-2014 Regular Sessions IN SENATE May 13, 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, and to amend a chapter of the laws of 2013 amending the racing, pari-mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling device, as proposed in legislative bills numbers S. 3792 and A. 2598, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 21 of section 104 of the racing, pari-mutuel wagering and breeding law, as added by a chapter of the laws of 2013 amending the racing, pari-mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling device, as proposed in legislative bills numbers S. 3792 and A. 2598, is amended to read as follows: 21. [Notwithstanding section 225.30 of the penal law, the commission shall accept for filing the statement of any] PRIOR TO TRANSPORTING INTO THIS STATE ANY GAMBLING DEVICES FOR THE PURPOSE OF EXHIBITION OR MARKET- ING, AN officer [or employee] of [a] THE manufacturer [of] OR distribu- tor of THE gambling devices [to permit the transportation and possession of a gambling device within the state. The] SHALL FILE WITH THE GAMING COMMISSION A statement [shall affirm] AFFIRMED under penalty of perjury that such [device was] GAMBLING DEVICES ARE BEING transported into this state in a sealed container and possessed solely for the purpose of exhibition[,] OR marketing[, and product development]. Such statement shall [further] specify the number of [machines] DEVICES, types of [machines and] DEVICES, the dates upon which such [machines] DEVICES are to be so transported and possessed within the state, which period shall
not exceed two weeks, AND THE IDENTITY OF THE PERSON OR PERSONS WHO WILL HAVE CUSTODY AND CONTROL OF THE DEVICES WHILE IN THIS STATE. SUCH STATE- MENT SHALL FURTHER SPECIFY THAT THE GAMBLING DEVICES WILL THEREAFTER BE TRANSPORTED IN A SEALED CONTAINER TO A JURISDICTION OUTSIDE OF THIS STATE FOR PURPOSES THAT ARE LAWFUL IN SUCH OUTSIDE JURISDICTION. The commission may [prescribe by regulation] DETERMINE the form [and], content AND MANNER OF FILING of such statement AND SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION. S 2. Subdivision e of section 225.30 of the penal law, as added by a chapter of the laws of 2013 amending the racing, pari-mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling device, as proposed in legislative bills numbers S. 3792 and A. 2598, is amended to read as follows: e. Transportation and possession of a gambling device shall not be unlawful where (I) THE MANUFACTURER OR DISTRIBUTOR OF THE GAMBLING DEVICE HAS FILED A STATEMENT WITH THE STATE GAMING COMMISSION REQUIRED BY SUBDIVISION TWENTY-ONE OF SECTION ONE HUNDRED FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, (II) 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] IN A SEALED CONTAINER AND POSSESSED FOR THE PURPOSE OF EXHIBITION OR MARKETING IN ACCORDANCE WITH SUCH STATEMENT, AND (III) SUCH DEVICE IS THEREAFTER TRANSPORTED IN A SEALED CONTAINER TO A JURISDICTION OUTSIDE OF THIS STATE FOR PURPOSES THAT ARE LAWFUL IN SUCH OUTSIDE JURISDICTION. S 3. Section 3 of a chapter of the laws of 2013 amending the racing, pari-mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling device, as proposed in legislative bills numbers S. 3792 and A. 2598, is amended to read as follows: 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] AND SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON AND AFTER MAY 1, 2013. S 4. This act shall take effect immediately; provided that sections one and two of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2013 amending the racing, pari- mutuel wagering and breeding law and the penal law relating to the transportation and possession of a gambling device, as proposed in legislative bills numbers S. 3792 and A. 2598, takes effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus