What's happening
This bill updates and expands regulations for gaming occupational licenses in New York, including new registration requirements, background checks, and standards for gaming and non-gaming employees and vendors.
Why it matters
Creates a new, more centralized registration system for all gaming activities and related licenses. , potentially streamlining oversight but also increasing the amount of personal and business information applicants must submit and update regularly, including fingerprints and criminal history.
Expands the scope of background checks and eligibility criteria. now applying to both gaming and non-gaming employees, and to a wider array of vendors (including those with access to sensitive information or who do significant business with gaming facilities). This could enhance integrity but may also raise barriers to entry for some workers and small businesses.
Clarifies and strengthens rules on rehabilitation and disqualification. allowing applicants who have past convictions to demonstrate rehabilitation and remain eligible, which could reduce unnecessary exclusion while still protecting public safety and regulatory integrity.
Increases regulatory flexibility and oversight powers. , including the ability for the commission to suspend or revoke licenses/registrations more easily, require new information at any time, and waive requirements for vendors in certain circumstances. This gives regulators more agility but also introduces potential uncertainty for licensees and vendors.
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Who cares
New York State Gaming Commission
The bill would authorize a primary registration system across regulated gaming activities and expand its authority to suspend employee licenses and registrations.
Casino employees and job applicants
The bill would require non-gaming employees to register and undergo fingerprint-based criminal history checks, while protecting key employee applicants and employee registrants who demonstrate rehabilitation from specified grounds for denial or revocation.
Casino vendors and their workers
The bill would revise vendor licensing and registration thresholds, expressly cover vendors with sensitive player information or heightened security access, and require on-site workers of registered vendors to register as non-gaming employees.
Gaming facility operators
The bill would require notice to the commission before certain below-threshold vendor transactions and allow operators to seek waivers of vendor requirements for business relationships limited in scope and duration.
Headline styles
Tighten Gaming License Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to racing, gaming and wagering
- Returned to senate
- Died in assembly
- Referred to racing and wagering
- Delivered to assembly
- Passed senateVote 53–9
- Ordered to third reading cal.1703
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to racing, gaming and wagering
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.
Tighten Casino License Rules
In Assembly Committee · Racing And Wagering · Sponsor J. Gary Pretlow
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6139
2019-2020 Regular Sessions
IN SENATE
May 17, 2019
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Racing, Gaming and Wagering
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to state gaming commission occupational licenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The racing, pari-mutuel wagering and breeding law is amended by adding a new section 104-a to read as follows:
§ 104-a. Registration to engage in gaming activity. Notwithstanding any provision of law to the contrary, the commission may require any person, corporation or association intending to engage in any gaming activity regulated by the commission to submit a primary registration to the commission.
1. For the purposes of this section, when a person is required to submit a registration, any and all licenses, registrations, certificates, permits or approvals issued to such person as required under this chapter or under article thirty-four of the tax law shall be considered sub-registrations or sub-licenses to the aforementioned registration. No individual shall engage in any gaming activity without a valid sub-registration or sub-license authorizing such activity.
2. The primary registration to engage in gaming activities shall solely be an informational return containing such information the commission deems applicable to all sub-registrations or sub-licenses. The commission shall require separate applications for all sub-registrations or sub-licenses containing all supplemental information that the commission deems necessary.
All commission determinations shall be made on an applicant's sub-registration or sub-license and not on the primary registration. Any information obtained for or contained in the primary registration and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11770-01-9
S. 6139 2
all associated sub-registrations or sub-licenses may be used in any subsequent licensing and registration determinations.
3. Pursuant to the commission's authority granted by subdivisions thirteen and fourteen of section one hundred four of this article, the commission may require a background investigation and a criminal history record search for any primary or sub-registration or sub-license sought. The commission shall have the right to request new information upon submission of any new sub-registration or sub-license application.
For the purposes of this section, upon an initial sub-registration or sub-license application and any subsequent sub-applications as may be required by the commission, each applicant shall submit to the commission the applicant's name, address, fingerprints and written consent for criminal history information as defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law, to be performed. The commission is hereby authorized to exchange fingerprint data with and receive criminal history record information from the state division of criminal justice services and the federal bureau of investigation consistent with applicable state and federal laws, rules and regulations. The applicant shall pay the fee for such criminal history information as established pursuant to article thirty-five of the executive law. The state division of criminal justice services shall promptly notify the commission in the event a current or prospective licensee, who was the subject of such criminal history information pursuant to this section, is arrested for a crime or offense in this state after the date the check was performed.
4. Primary registrations shall expire five years from the date of submission, provided, however, any sub-registration or sub-license shall continue through its expiration. Notwithstanding this provision, the commission may suspend any sub-registration or sub-license that has an expired primary registration until such primary registration is renewed. The commission shall establish a schedule to register any individual or entity who possessed a sub-registration or sub-license prior to the implementation of this section.
5. The commission shall promulgate rules and regulations to implement the provisions of this section and ensure that all licensing and registration requirements of this chapter and article thirty-four of the tax law are adequately addressed in the implementation.
§ 2. Section 1301 of the racing, pari-mutuel wagering and breeding law is amended by adding a new subdivision 31-a to read as follows:
31-a. "Non-gaming employee". Any natural person, not otherwise included in the definition of casino key employee or gaming employee, who is employed by a gaming facility licensee, or a holding or intermediary company of a gaming facility licensee, and performs services and duties upon the premises of a gaming facility, whose duties do not relate to the operation of gaming activities, and who is not regularly required to work in restricted areas such that registration of a nongaming employee is appropriate.
§ 3. Paragraph (c) of subdivision 1 of section 1318 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
(c) the conviction of the applicant, or of any person required to be qualified under this article as a condition of a license, of any offense in any jurisdiction which is or would be a [felony or other] crime involving public integrity, embezzlement, theft, fraud, [or] perjury, represents a significant threat to public safety, or would otherwise pose a threat to the effective regulation of casino gaming;
S. 6139 3
§ 4. Subdivision 4 of section 1322 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
4. All applicants, licensees, registrants, and any other person who shall be qualified pursuant to this article shall have the continuing duty to provide any assistance or information required by the commission, and to cooperate in any inquiry, investigation or hearing conducted by the commission. If, upon issuance of a formal request to answer or produce information, evidence or testimony, any applicant, licensee, registrant, or any other person who shall be qualified pursuant to this article refuses to comply, the application, license, registration or qualification of such person may be suspended, denied or revoked.
§ 5. Subdivision 3 of section 1323 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
3. The commission shall deny a casino key employee license to any applicant who is disqualified on the basis of the criteria contained in section [one thousand three] thirteen hundred eighteen of this [title] article, subject to notice and hearing. Provided that, no casino key employee license shall be denied or revoked on the basis of a conviction of any of the offenses enumerated in this article as disqualification criteria or the commission of any act or acts which would constitute any offense under section thirteen hundred eighteen of this article, provided that the applicant has affirmatively demonstrated the applicant's rehabilitation, pursuant to article twenty-three-A of the correction law.
§ 6. Subdivision 4 of section 1323 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
4. Upon [receipt of such criminal history information] determination that an applicant is disqualified on the basis of the applicant's criminal history, the commission shall provide such applicant with a copy of such criminal history information, together with a copy of article twenty-three-A of the correction law, and inform such applicant of his or her right to seek correction of any incorrect information contained in such criminal history information pursuant to regulations and procedures established by the division of criminal justice services. Except as otherwise provided by law, such criminal history information shall be confidential and any person who willfully permits the release of such confidential criminal history information to persons not permitted to receive such information shall be guilty of a misdemeanor.
§ 7. Section 1324 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
§ 1324. Gaming and non-gaming employee registration. 1. No person may commence employment as a gaming or non-gaming employee unless such person has a valid registration [on file with the] issued by the commission, which registration shall be prepared and filed in accordance with the regulations promulgated hereunder.
2. A gaming or non-gaming employee registrant shall produce such information as the commission by regulation may require. [Subsequent to the registration of a gaming employee, the executive director may] The commission may deny, revoke, suspend, limit, or otherwise restrict the registration upon a finding that the registrant is disqualified on the basis of the criteria contained in section [one thousand three] thirteen
S. 6139 4
hundred eighteen of this [title] article. If a gaming or non-gaming employee registrant has not been employed in any position within a gaming facility for a period of three years, the registration of that gaming or non-gaming employee shall lapse.
3. No gaming or non-gaming employee registration shall be denied or revoked on the basis of a [misdemeanor] conviction of any of the offenses enumerated in this article as disqualification criteria or the commission of any act or acts which would constitute any offense under section [one thousand three] thirteen hundred eighteen of this [title] article, provided that the registrant has affirmatively demonstrated the registrant's rehabilitation, pursuant to article twenty-three-A of the correction law.
4. For the purposes of this section, each gaming or non-gaming registrant shall submit to the commission the registrant's name, address, fingerprints and written consent for a criminal history information to be performed. The commission is hereby authorized to exchange fingerprint data with and receive criminal history information as defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law from the state division of criminal justice services and the federal bureau of investigation consistent with applicable state and federal laws, rules and regulations. The registrant shall pay the fee for such criminal history information as established pursuant to article thirty-five of the executive law. The state division of criminal justice services shall promptly notify the commission in the event a current or prospective licensee or registrant, who was the subject of a criminal history information pursuant to this section, is arrested for a crime or offense in this state after the date the check was performed.
5. Upon [receipt of such criminal history information] determination that an applicant is disqualified on the basis of the applicant's criminal history, the [Commission] commission shall provide such applicant with a copy of such criminal history information, together with a copy of article twenty-three-A of the correction law, and inform such applicant of his or her right to seek correction of any incorrect information contained in such criminal history information pursuant to regulations and procedures established by the division of criminal justice services. Except as otherwise provided by law, such criminal history information shall be confidential and any person who willfully permits the release of such confidential criminal history information to persons not permitted to receive such information shall be guilty of a misdemeanor.
6. Each applicant for a gaming registration shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's good character, honesty and integrity. Such information shall include data pertaining to character, reputation, criminal history information and prior associations with gaming operations in any capacity, position, or employment in a jurisdiction that permits such activity.
§ 8. Section 1325 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
§ 1325. Approval, denial and renewal of employee licenses and registrations. 1. Upon the filing of an application for a casino key employee license or gaming employee registration required by this article and after submission of such supplemental information as the commission may require, the commission shall conduct or cause to be conducted such investigation into the qualification of the applicant, and the commis-
S. 6139 5
sion shall conduct such hearings concerning the qualification of the applicant, in accordance with its regulations, as may be necessary to determine qualification for such license or registration. Upon the filing of an application for a non-gaming employee registration, and after submission of such supplemental information as the commission may require, the commission may, in its discretion, conduct or cause to be conducted an investigation into the qualification of such applicant.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the racing, pari-mutuel wagering and breeding law, in relation to state gaming commission occupational licenses
Purpose
Relates to licensing of commercial casinos employees and vendors of commercial casinos
Summary of specific provisions
Section 1: Adding New Section 104-a Streamlines the Commission's licens- ing processes and creates one universal "Gaming Commission Registration" that all applicants will file and then each applicant can apply for what will then be considered sub-licenses or sub-registrations "under" their Commission Registration. It authorizes the Commission to exchange fing- erprint data with and receive criminal history record state and federal law enforcement agencies. This section authorizes the Commission to promulgate rules and regulations.
Read the full memo (617 words)
Section 2: Adds new section 31-a, defining a non-gaming employee.
Section 3: Expands the disqualification of certain applicants for licen- sure.
Section 4: Authorizes the Commission to suspend a license pending an investigation.
Section 5: Removes the automatic disqualification of an applicant for a key gaming license, and maintains the discretion of the Commission to deny or issue such license.
Section 6: Clarifies the process of disqualifying an applicant for licensure.
Section 7: Adds non-gaming employees registrations to the statute. In addition, gives the Commission the discretion to consider a registrant's rehabilitation pursuant to Article twenty-three-A of the corrections law when evaluating their application for licensure. This section outlines the information and documentation an applicant must submit for consider- ation.
Section 8: Provides the Commission discretion to conduct a background investigation into the qualification of an applicant. The Commission will still receive fingerprints and an application to evaluate. It will be discretionary for non-gaming registrations, if they need to be sent for a further investigation.
This section also provides that the granting of a gaming license or gaming registration shall apply only to the job title listed in the application; the Commission may, upon request, allow the transfer of said license or registration to another job title. This section adds non-gaming to reflect current practice. Provides the Commission the discretion to suspend, revoke or limit an employee's license or regis- tration if it is determined that the employee is no longer qualified to hold such license or registration. Section 9: Clarifies the definition and classification of vendors providing goods and services to a gaming facility. Provides the Commis- sion with the discretion to change the level of licensure of a vendor based upon the business conducted in a specific time period.
Section 10: Provides that employees of vendors must qualify for licen- sure under standards established by the Commission. Harmonizes the stan- dard of licensure required for vendor employees and casino employees.
Section 11: Exempts any non-gaming vendor providing goods or service valued at less than twenty-five thousand dollars in a twelve-month peri- od from licensing requirements. However, the gaming facility shall noti- fy the Commission of such vendors.
Section 12: Cleans up the statutory language for consistency and ensur- ing that Article 23A of the corrections law is consistently applied.
Section 13: Provides the Gaming Commission with the discretion to waive any of the requirements for licensure at the request of a gaming facili- ty.
Section 14: Shall take effect immediately
Justification
Streamlines the registration and licensure process for employees and vendors and removes the absolute disqualification of certain applicants while maintaining the discretion of the Commission. This bill will also reduce or eliminate burdensome requirements on small businesses attempt- ing to transact with a gaming facility.
The bill will also align the license and registration requirements of vendor employees with the requirements placed on direct employees of the gaming facilities.
Prior legislative history
Amends the Law of 2013 chapter 174.
Fiscal implications
Not Applicable.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.