§ 1620. Request for proposals required. a. In the event that the
division determines to implement any on-line lottery game whether known
as "Quick Draw" or by any other name, the division shall not acquire,
whether by purchase, lease or otherwise, any equipment or services for
the purpose of such game, except pursuant to a request for proposals. No
contract existing prior to the effective date of this section, or any
amendment of such contract during the initial term thereof, or during
any extension of such term permitted by an option existing as of the
effective date of this section, shall be subject to the provisions of
this section.

b. Requests for proposals issued pursuant to this section shall be
widely distributed to all responsible firms identified by the division
as capable of providing similar equipment and services.

c. The division is hereby authorized to obtain criminal background
information on any proposer for the purpose of determining whether such
proposer has engaged in conduct which would be prejudicial to public
confidence in the state lottery. In connection therewith, the division
shall require in its request for proposals each proposer to submit
identifying information which may include fingerprints. Such information
shall be required from each officer, director, principal, investor,
owner, subcontractor, or employee of the proposer as the division deems
appropriate unless the division makes a written finding that such
information is not required to protect public confidence in the state
lottery.

d. The division may, after providing notice and an opportunity for a
hearing pursuant to the state administrative procedure act, disqualify
any proposer which itself, or any officer, director, principal,
investor, owner, subcontractor, or employee is found to have committed a
felony under the laws of the United States or under the laws of the
state of New York or any other state or foreign jurisdiction or any
crime relating to gaming activities or public contracting, or which is
otherwise found to have engaged in conduct which would be prejudicial to
public confidence in the state lottery. If the division awards a
contract to a person who has committed such a crime or engaged in such
conduct the division shall submit to the comptroller a written finding
explaining such award.

e. This section shall not apply to any equipment or services acquired
through a governmental agency or instrumentality.

f. Prior to extending the initial term of contracts existing prior to
the effective date of this section, the division shall update the
criminal background information of the holders of such contracts;
provided, however a contract existing as of the effective date of this
section shall not be extended beyond the year two thousand two.