A08053 Summary:

BILL NOA08053A
 
SAME ASSAME AS S06507-A
 
SPONSORHawley
 
COSPNSRRa, Raia, Norris, Brabenec, Crouch, Oaks
 
MLTSPNSR
 
Amd §§189 & 190-a, Gen Muni L
 
Relates to the internet sale of raffle tickets.
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A08053 Actions:

BILL NOA08053A
 
05/25/2017referred to racing and wagering
01/03/2018referred to racing and wagering
05/22/2018amend (t) and recommit to racing and wagering
05/22/2018print number 8053a
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A08053 Committee Votes:

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A08053 Memo:

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.
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A08053 Text:



 
                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.
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