NY State Senate Bill 2011-S5583

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to racing, gaming and wagering returned to senate died in assembly
Jun 14, 2011	referred to codes delivered to assembly passed senate
Jun 13, 2011	ordered to third reading cal.1175
Jun 11, 2011	committee discharged and committed to rules
Jun 03, 2011	referred to racing, gaming and wagering

Votes

- Jun 14, 2011 - Floor Vote
  S5583
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      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-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 13, 2011 - Rules Committee Vote
  S5583
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2011
      
      aye (22)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (2)
      
      Duane
      
      LaValle

2011-S5583 (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Tax Law
Laws Affected:: Amd §1605, Tax L

2011-S5583 (ACTIVE) - Summary

Relates to licenses issued by the division of the lottery.

2011-S5583 (ACTIVE) - Sponsor 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.

2011-S5583 (ACTIVE) - Bill Text download pdf

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

                                  5583

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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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Senate Bill S5583

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Jun 14, 2011 - Floor Vote

Floor Vote: Jun 14, 2011

Jun 13, 2011 - Rules Committee Vote

Rules Committee Vote: Jun 13, 2011

2011-S5583 (ACTIVE) - Details

2011-S5583 (ACTIVE) - Summary

2011-S5583 (ACTIVE) - Sponsor Memo

2011-S5583 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5583

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

2011-S5583 (ACTIVE) - Details

2011-S5583 (ACTIVE) - Summary

2011-S5583 (ACTIVE) - Sponsor Memo

2011-S5583 (ACTIVE) - Bill Text download pdf

Comments