Bill Text: NY S07640 | 2015-2016 | General Assembly | Amended


Bill Title: Enacts the "charitable gaming act of 2016"; allows games known as "raffles" to accept legal tender, credit or debit card for payment; further authorizes "raffles" at the discretion of the games of chance licensee, to be purchased via the internet or mobile application with a credit or debit card upon the account holder's direct consent; makes related provisions.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2016-06-17 - SUBSTITUTED BY A10249A [S07640 Detail]

Download: New_York-2015-S07640-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7640--A
                    IN SENATE
                                      May 11, 2016
                                       ___________
        Introduced  by  Sens. GALLIVAN, FUNKE -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Racing,  Gaming
          and  Wagering  -- reported favorably from said committee and committed
          to the Committee on Finance --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the general municipal law, in relation to enacting the
          "charitable gaming act of 2016"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "charitable
     2  gaming act of 2016".
     3    §  2.  Legislative  intent. The legislature hereby finds that games of
     4  chance, specifically games known as "raffles", conducted  by  bona  fide
     5  charitable,  educational,  scientific,  health,  religious and patriotic
     6  organizations  provide  vital  financial  support  to  many   worthwhile
     7  programs in the communities in which they serve. Furthermore, conforming
     8  current statutory language to address recent technological advances will
     9  enhance  the ability of the public at large to participate and thusly is
    10  deemed to be in the public interest.
    11    § 3. Subdivision 20 of section 186 of the general  municipal  law,  as
    12  added by chapter 574 of the laws of 1978, is amended to read as follows:
    13    20.  "Games  of  chance currency" shall mean legal tender or a form of
    14  scrip or chip authorized  by  the  board,  except  for  games  known  as
    15  "raffles"  whereby  payment  shall mean legal tender, or credit or debit
    16  card, any of which may be used at the discretion of the games of  chance
    17  licensee.
    18    §  4.  Section 189 of the general municipal law is amended by adding a
    19  new subdivision 16 to read as follows:
    20    16. Notwithstanding any provision of law to the contrary, games  known
    21  as  "raffles", at the discretion of the games of chance licensee, may be
    22  purchased via the internet or mobile application with a debit or  credit
    23  card,  upon the account holder's direct consent, provided, however, that
    24  the gaming commission shall promulgate any  necessary  rules  and  regu-
    25  lations to ensure, to a reasonable degree of certainty that:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15143-07-6

        S. 7640--A                          2
     1    (a)  the  purchase  of  the raffle ticket is initiated and received in
     2  accordance with sections one hundred eighty-seven and one hundred eight-
     3  y-eight of this article;
     4    (b) purchasers are not less than eighteen years of age; and
     5    (c) the privacy and online security of participants is protected.
     6    § 5. Section 195-e of the general municipal law, as amended by chapter
     7  94 of the laws of 1981, is amended to read as follows:
     8    §  195-e.  Advertising  games. A licensee may advertise the conduct of
     9  games of chance to the general public by means of the internet,  newspa-
    10  per,  circular,  magazine,  handbill  and  poster,  and  by one sign not
    11  exceeding sixty square feet in area, which may be displayed on or  adja-
    12  cent  to  the premises owned or occupied by a licensed authorized organ-
    13  ization, and when an organization is licensed to conduct games of chance
    14  on premises of an authorized games of chance lessor, one additional such
    15  sign may be displayed on or adjacent to the premises in which the  games
    16  are  to  be conducted.   Additional signs may be displayed upon any fire
    17  fighting equipment belonging to  any  licensed  authorized  organization
    18  which  is a volunteer fire company, or upon any equipment of a first aid
    19  or rescue squad in and throughout the community served by such volunteer
    20  fire company or such first aid or rescue squad, as the case may be.  All
    21  advertisements  shall  be  limited  to  the description of such event as
    22  "Games of chance" or "Las Vegas  Night",  the  name  of  the  authorized
    23  organization conducting such games, the license number of the authorized
    24  organization  as  assigned  by  the  clerk  or  department and the date,
    25  location and time of the event.
    26    § 6. Severability. If any clause,  sentence,  paragraph,  subdivision,
    27  section  or  part contained in any part of this act shall be adjudged by
    28  any court of competent jurisdiction to be invalid, such  judgment  shall
    29  not  affect,  impair,  or invalidate the remainder thereof, but shall be
    30  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    31  sion, section or part contained in any part thereof directly involved in
    32  the  controversy  in which such judgment shall have been rendered. It is
    33  hereby declared to be the intent of the legislature that this act  would
    34  have  been enacted even if such invalid provisions had not been included
    35  herein.
    36    § 7. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law; provided however, that effective  immediate-
    38  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    39  necessary for the implementation of this act on its effective  date  are
    40  authorized.
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