S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4329
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 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:
 
   Section 1. This act shall be known and may be cited as the "charitable
 gaming act of 2017".
   §  2.  Legislative  intent. The legislature hereby finds that games of
 chance, specifically games known as "raffles", conducted  by  bona  fide
 charitable,  educational,  scientific,  health,  religious and patriotic
 organizations  provide  vital  financial  support  to  many   worthwhile
 programs in the communities in which they serve. Furthermore, conforming
 current statutory language to address recent technological advances will
 enhance  the ability of the public at large to participate and thusly is
 deemed to be in the public interest.
   § 3. Subdivision 20 of section 186 of the general  municipal  law,  as
 added by chapter 574 of the laws of 1978, is amended to read as follows:
   20.  "Games  of  chance currency" shall mean legal tender or a form of
 scrip or chip authorized  by  the  board,  EXCEPT  FOR  GAMES  KNOWN  AS
 "RAFFLES"  WHEREBY  PAYMENT  SHALL MEAN LEGAL TENDER, OR CREDIT OR DEBIT
 CARD, any of which may be used at the discretion of the games of  chance
 licensee.
   §  4.  Section 189 of the general municipal law is amended by adding a
 new subdivision 16 to read as follows:
   16. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, GAMES  KNOWN
 AS  "RAFFLES", AT THE DISCRETION OF THE GAMES OF CHANCE LICENSEE, MAY BE
 PURCHASED VIA THE INTERNET OR MOBILE APPLICATION WITH A DEBIT OR  CREDIT
 CARD,  UPON THE ACCOUNT HOLDER'S DIRECT CONSENT, PROVIDED, HOWEVER, THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00292-01-7
              

 S. 4329                             2
 
 THE GAMING COMMISSION SHALL PROMULGATE ANY  NECESSARY  RULES  AND  REGU-
 LATIONS TO ENSURE, TO A REASONABLE DEGREE OF CERTAINTY THAT:
   (A)  THE  PURCHASE  OF  THE RAFFLE TICKET IS INITIATED AND RECEIVED IN
 ACCORDANCE WITH SECTIONS ONE HUNDRED EIGHTY-SEVEN AND ONE HUNDRED EIGHT-
 Y-EIGHT OF THIS ARTICLE;
   (B) PURCHASERS ARE NOT LESS THAN EIGHTEEN YEARS OF AGE; AND
   (C) THE PRIVACY AND ONLINE SECURITY OF PARTICIPANTS IS PROTECTED.
   § 5. Section 195-e of the general municipal law, as amended by chapter
 94 of the laws of 1981, is amended to read as follows:
   § 195-e. Advertising games. A licensee may advertise  the  conduct  of
 games  of chance to the general public by means of THE INTERNET, newspa-
 per, circular, MAGAZINE, handbill  and  poster,  and  by  one  sign  not
 exceeding  sixty square feet in area, which may be displayed on or adja-
 cent to the premises owned or occupied by a licensed  authorized  organ-
 ization, and when an organization is licensed to conduct games of chance
 on premises of an authorized games of chance lessor, one additional such
 sign  may be displayed on or adjacent to the premises in which the games
 are to be conducted.  Additional signs may be displayed  upon  any  fire
 fighting  equipment  belonging  to  any licensed authorized organization
 which is a volunteer fire company, or upon any equipment of a first  aid
 or rescue squad in and throughout the community served by such volunteer
 fire  company or such first aid or rescue squad, as the case may be. All
 advertisements shall be limited to the  description  of  such  event  as
 "Games  of  chance"  or  "Las  Vegas  Night", the name of the authorized
 organization conducting such games, the license number of the authorized
 organization as assigned by  the  clerk  or  department  and  the  date,
 location and time of the event.
   §  6.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part contained in any part of this act shall be  adjudged  by
 any  court  of competent jurisdiction to be invalid, such judgment shall
 not affect, impair, or invalidate the remainder thereof,  but  shall  be
 confined  in  its operation to the clause, sentence, paragraph, subdivi-
 sion, section or part contained in any part thereof directly involved in
 the controversy in which such judgment shall have been rendered.  It  is
 hereby  declared to be the intent of the legislature that this act would
 have been enacted even if such invalid provisions had not been  included
 herein.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized.