Bill Text: NY A08245 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to licenses issued by the division of the lottery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-06-17 - substituted by s5760 [A08245 Detail]
Download: New_York-2011-A08245-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8245--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 8, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering -- reported and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. The section heading and subdivisions a and e of section
2 1605 of the tax law, the section heading and subdivision a as added by
3 chapter 92 of the laws of 1976 and subdivision e as amended by chapter 2
4 of the laws of 1995, are amended to read as follows:
5 Lottery sales agents AND OTHER LICENSEES. a. The division may license
6 as agents to sell lottery tickets such persons as in its opinion will
7 best serve public convenience, except that no license shall be issued to
8 any person to engage in business exclusively as a lottery sales agent.
9 THE DIVISION MAY LICENSE SUCH PERSONS AS IN ITS OPINION ARE SUITABLE TO
10 PARTICIPATE IN VIDEO LOTTERY GAMING PURSUANT TO SECTION SIXTEEN HUNDRED
11 SEVENTEEN-A OF THIS ARTICLE.
12 e. The division is hereby authorized to obtain criminal background
13 information on any applicant for, or holder of, a lottery [sales agent]
14 license for the purpose of determining whether a license should be
15 granted, suspended, or revoked. The sources of such information include
16 the license applicant or holder, the division of criminal justice
17 services, and any licensing agency which is currently considering a
18 licensing application or which has been granted a presently-held license
19 to the same license applicant or holder. The division shall require each
20 license applicant to submit identifying information which shall include
21 fingerprints unless they are already on file with the division or other
22 state agencies. The fingerprints so obtained shall be forthwith
23 forwarded, and the applicable fee transmitted, to the division of crimi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11975-02-1
A. 8245--A 2
1 nal justice services or any other state or federal government agency
2 having facilities for checking fingerprints for the purpose of determin-
3 ing whether or not criminal charges are pending against the applicant or
4 whether or not the applicant had previously been convicted of a crime,
5 and such agency shall promptly report a finding of such pending charges
6 and previous convictions, if any, to the division in writing or by elec-
7 tronic means or any other method agreed upon by the division and such
8 agency. PRIOR TO OR UPON MAKING A DETERMINATION NOT TO APPROVE AN
9 APPLICATION FOR A LOTTERY LICENSE BASED UPON AN APPLICANT'S CRIMINAL
10 HISTORY RECORD, THE DIVISION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF
11 ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, AND INFORM SUCH APPLICANT
12 OF HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION
13 CONTAINED IN SUCH RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTAB-
14 LISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. In its discretion,
15 the division may decline to act on any application pending the disposi-
16 tion of any pending charges against the applicant. The division may,
17 after providing notice and an opportunity for a hearing pursuant to the
18 state administrative procedure act, deny a license to any person found
19 to have committed a felony under the laws of the United States or under
20 the laws of the state of New York or any other state or foreign juris-
21 diction or any crime relating to gaming activities or that is otherwise
22 found to have engaged in conduct which would be prejudicial to public
23 confidence in the state lottery. ALL DETERMINATIONS TO GRANT OR DENY A
24 LICENSE PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION
25 SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
26 CLE TWENTY-THREE-A OF THE CORRECTION LAW. Notwithstanding the provisions
27 of article six of the public officers law or any other law to the
28 contrary, the division may withhold from public disclosure any criminal
29 history information except that criminal convictions may not be withheld
30 under this provision.
31 FOR PURPOSES OF THIS ARTICLE, A LICENSEE MAY INCLUDE: A LOTTERY SALES
32 AGENT; A VIDEO LOTTERY GAMING AGENT; A VENDOR; A VENDOR'S SUBCONTRACTOR;
33 AN EMPLOYEE OF AN AGENT, VENDOR OR VENDOR'S SUBCONTRACTOR; OR AN OFFI-
34 CER, DIRECTOR, PARTNER, TRUSTEE OR OWNER OF AN AGENT, VENDOR OR VENDOR'S
35 SUBCONTRACTOR.
36 S 2. This act shall take effect immediately.
