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Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Signed chap.217
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.448
- Substituted for A8245A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1361
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to licenses issued by the division of the lottery
Assembly Floor Calendar · Sponsor J. Gary Pretlow
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5760
Title of bill
An act to amend the tax law, in relation to licenses issued by the division of the lottery
Purpose
This bill would clarify the Division of the Lottery's (the "Lottery") authority to obtain national criminal background search results for applicants and holders of licenses issued by the Lottery, including employees of Video Lottery Gaming ("VLG") agents.
Summary of provisions
Section 1 of the bill would amend Tax Law § 1605 to clarify Lottery's authority to obtain national criminal background search results for applicants or holders of VLG licenses issued pursuant to Tax Law 1617-a, including VLG agents; vendors; vendors' subcontractors; employees of agents, vendors or subcontractors; and officers, directors, partners, trustees or owners of agents, vendors or vendors' subcontractors.
Section 2 provides for an immediate effective date.
Existing law
Tax Law § 1605 specifically authorizes the Lottery to obtain state and national criminal background search results for applicants or holders of Lottery sales agent licenses. Tax Law § 16l7-a authorizes the Lottery to license the operation of VLG.
Justification
This bill amends Tax Law §1605 to clarify the Lottery's authority to obtain national criminal background search results for applicants or holders of VLG licenses. When Tax Law § l6l7-a was enacted and authorized the Lottery to license the operation of VLG facilities, related provisions of the Tax Law should have been amended to include VLG licenses and licensees. Recently, the Federal Bureau of Investigations ("FBI") questioned this apparent ambiguity in the law.
Pursuant to federal law, the FBI is authorized to exchange criminal history records with officials of state and local governments for purposes of employment and licensing, if authorized by state statute and approved by the FBI. The FBI, with the assistance of the United States Department of Justice, has determined that state statutes must meet certain criteria in order to authorize such access. As the result of discussions with the Division of Criminal Justice Services and the FBI, it was determined that this proposed amendment to Tax Law § 1605 would sufficiently clarify the Lottery's authority to continue obtaining national criminal background search results which are used to verify the backgrounds of persons employed in positions that can
present a risk to public safety and public finances, such as agents, employees and vendors at VLG facilities operated under the authority of the Lottery.
Legislative history
This is a new bill.
Budget implications
This bill has no fiscal impact on the state.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.