Bill Text: NY S04329 | 2017-2018 | General Assembly | Amended

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Bill Title: Enacts the "charitable gaming act of 2017"; 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: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2017-12-18 - SIGNED CHAP.464 [S04329 Detail]

Download: New_York-2017-S04329-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4329--A
            Cal. No. 1469
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 9, 2017
                                       ___________
        Introduced by Sens. GALLIVAN, GRIFFO, KENNEDY, RANZENHOFER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Racing,  Gaming and Wagering -- committee discharged and said bill
          committed to the Committee on Rules -- ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to amend the general municipal law, in relation to  enacting  the
          "charitable gaming act of 2017"
          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 2017".
     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, credit or debit  card
    16  or  personal  check,  any  of which may be used at the discretion of the
    17  games of chance 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00292-04-7
        S. 4329--A                          2
     1  purchased  via the internet or mobile application with a debit or credit
     2  card, upon the account holder's direct consent, provided, however,  that
     3  the  gaming  commission  shall  promulgate any necessary rules and regu-
     4  lations to ensure, to a reasonable degree of certainty that:
     5    (a)  the  purchase  of  the raffle ticket is initiated and received or
     6  otherwise made in accordance with subdivision thirteen of this section;
     7    (b) purchasers are not less than eighteen years of age; and
     8    (c) the privacy and online security of participants is protected.
     9    § 5. Subdivision 3 of section 195-d of the general municipal  law,  as
    10  added  by  section  13  of part MM of chapter 59 of the laws of 2017, is
    11  amended to read as follows:
    12    3. A player may purchase a chance with  cash  or,  if  the  authorized
    13  organization wishes, with a personal check, credit card or debit card.
    14    §  6.  Severability.  If any clause, sentence, paragraph, subdivision,
    15  section or part contained in any part of this act shall be  adjudged  by
    16  any  court  of competent jurisdiction to be invalid, such judgment shall
    17  not affect, impair, or invalidate the remainder thereof,  but  shall  be
    18  confined  in  its operation to the clause, sentence, paragraph, subdivi-
    19  sion, section or part contained in any part thereof directly involved in
    20  the controversy in which such judgment shall have been rendered.  It  is
    21  hereby  declared to be the intent of the legislature that this act would
    22  have been enacted even if such invalid provisions had not been  included
    23  herein.
    24    § 7. This act shall take effect on the one hundred eightieth day after
    25  it  shall  have  become  a law; provided, however that the provisions of
    26  paragraph (a) of subdivision 16 of section 189 of the general  municipal
    27  law made by section four of this act and the amendments to subdivision 3
    28  of  section  195-d  of the general municipal law made by section five of
    29  this act shall take effect on the same date and in the  same  manner  as
    30  part  MM  of  chapter  59  of  the  laws of 2017, takes effect; provided
    31  further, that effective  immediately,  the  addition,  amendment  and/or
    32  repeal  of  any  rule  or regulation necessary for the implementation of
    33  this act on its effective date are authorized.