NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8053A
SPONSOR: Hawley
 
TITLE OF BILL: An act to amend the general municipal law, in relation
to the internet sale of raffle tickets
 
PURPOSE OR GENERAL IDEA OF BILL:
To further enhance the ability of non-profit organizations to sell
raffle tickets via the Internet. SUMMARY OF SPECIFIC PROVISIONS: This
bill amends subparagraph (2) of paragraph (b) of subdivision 13 of
Section 189 and subdivision 4 of Section 190-a of the General Municipal
Law to provide that for the purpose of raffle tickets sold solely over
the internet the sale of such tickets shall be deemed to have occurred
on the premises of the authorized organization as games of chance
lessor.
 
JUSTIFICATION:
Chapter 404 of the Laws of 2017 authorized non-profit organizations to
not only sell raffle tickets over the internet, but also to accept
payment by means of credit or debit card. Sales of raffle tickets,
though, are still constrained by provisions of law that restrict such
sales to municipalities in the county where the organization in the
county where the organization is located and municipalities in contig-
uous counties provided such municipalities have passed a local law
authorizing their sale. The bill's provisions recognize that any sale of
a raffle ticket over the internet - no matter where the purchaser is
physically located - to have occurred on the premises of the non-profit
organization.
Please note that the original print of the bill also authorized the sale
of raffle tickets over the internet along with payment by credit card;
however, those provisions have been rendered moot by virtue of Chapter
464 of the Laws of 2017.
 
PRIOR LEGISLATIVE HISTORY:
2017: A.8053 died in Assembly Racing and Wagering.
 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8053--A
2017-2018 Regular Sessions
IN ASSEMBLY
May 25, 2017
___________
Introduced by M. of A. HAWLEY, RA, RAIA, NORRIS, BRABENEC, CROUCH, OAKS
-- read once and referred to the Committee on Racing and Wagering --
recommitted to the Committee on Racing and Wagering in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general municipal law, in relation to the internet
sale of raffle tickets
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 2 of paragraph (b) of subdivision 13 of
2 section 189 of the general municipal law, as amended by section 11 of
3 part MM of chapter 59 of the laws of 2017, is amended to read as
4 follows:
5 (2) is located in the county in which the municipality issuing the
6 raffle license is located or in a county that is contiguous to the coun-
7 ty in which the municipality issuing the raffle license is located
8 except that for the purposes of raffle tickets sold over the internet
9 the sale of such tickets shall be deemed to have occurred on the prem-
10 ises of the authorized organization or authorized games of chance
11 lessor;
12 § 2. Subdivision 4 of section 190-a of the general municipal law, as
13 added by chapter 400 of the laws of 2005, is amended to read as follows:
14 4. No raffle shall be conducted pursuant to this section except within
15 a municipality in which the authorized organization is domiciled that
16 has passed a local law, ordinance or resolution in accordance with
17 sections one hundred eighty-seven and one hundred eighty-eight of this
18 article approving the conduct of games of chance, and in municipalities
19 which have passed a local law, ordinance or resolution in accordance
20 with sections one hundred eighty-seven and one hundred eighty-eight of
21 this article approving the conduct of games of chance that are located
22 within the county or contiguous to the county in which the organization
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11240-04-8
A. 8053--A 2
1 is domiciled. For the purposes of raffle tickets sold over the internet
2 the sale of such tickets shall be deemed to have occurred on the prem-
3 ises of the authorized organization or authorized games of chance
4 lessor.
5 § 3. This act shall take effect immediately.