§ 104 — Powers and duties of the commission

New York § 104

• Jurisdiction: New York
• Law PML: Racing, Pari-Mutuel Wagering and Breeding Law
• Art. 1: Supervision and Regulation

Text

§ 104. Powers and duties of the commission. The commission shall have\nthe authority and responsibility:\n 1. To have general jurisdiction over all gaming activities within the\nstate and over the corporations, associations and persons engaged\ntherein.\n 2. To hear and decide promptly and in reasonable order all license,\nregistration, certificate and permit applications, and causes affecting\nthe granting, suspension, revocation or renewal thereof, of\ncorporations, associations or persons engaged or seeking to engage in\ngaming activity.\n 3. To test or cause to have tested and approve surveillance systems,\ngames of chance, gaming devices and lottery games.\n 4. To monitor any corporation, association or person engaged in gaming\nactivity for compliance with this chapter.\n 5. To, at any time, examine the books, papers, records and accounts of\nany corporation, association or person engaged in gaming activity\npursuant to a license, registration, franchise, certificate or permit\nissued by the commission.\n 6. To conduct investigations and hearings pertaining to violations of\nthis chapter. Each member of the commission and such officers, employees\nor agents of the commission as may be designated by the commission for\nsuch purpose shall have the power to administer oaths and examine\nwitnesses.\n 7. Each member of the commission, and such officers, employees or\nagents of the commission as may be designated by the commission for such\npurpose, shall have the power to administer oaths and examine witnesses,\nand may issue subpoenas to compel attendance of witnesses, and the\nproduction of all relevant and material reports, books, papers,\ndocuments, correspondence and other evidence.\n 8. To collect all license and registration fees imposed by state law,\nor rules or regulations promulgated thereunder, and any payments from an\nIndian nation or tribe under the terms of a tribal-state compact that is\nin effect pursuant to the federal Indian gaming regulatory act, 25\nU.S.C. § 2701, et seq.\n 9. To levy and collect civil penalties and fines for any violation of\nthis chapter.\n 10. To be present through its employees and agents during the\noperation of any race track, gaming facility, charitable gaming\norganization, simulcasting facility or video lottery gaming facility for\nthe purpose of certifying the revenue thereof, receiving complaints from\nthe public relating to the conduct of gaming and simulcast wagering\nactivities, examining records of revenues and procedures, and conducting\nperiodic reviews of operations and facilities for purposes of evaluating\nany current or suggested provision of law, rule or regulation.\n 11. To ensure compliance with tribal-state gaming compacts that are in\neffect pursuant to the federal Indian gaming regulatory act, 25 U.S.C. §\n2701, et seq.\n 12. To refer to a law enforcement agency of competent jurisdiction any\nevidence of a violation of law.\n 13. To cause background investigations to be conducted on any\napplicant for a license, registration, certificate, permit or approval.\n 14. To access the criminal history records of the division of criminal\njustice services, pursuant to subdivision eight-a of section eight\nhundred thirty-seven of the executive law, in connection with executing\nthe responsibilities of the commission relating to the regulation,\noversight, licensing, permitting or certification, including\nfingerprinting, criminal history record checks and background\ninvestigations, of persons applying to engage in gaming activities. At\nthe request of the commission, the division of criminal justice services\nshall submit a fingerprint card, along with the subject's processing\nfee, to the federal bureau of investigation for the purpose of\nconducting a criminal history search and returning a report thereon. The\ncommission shall also be entitled to request and receive, pursuant to a\nwritten memorandum of understanding filed with the department of state,\nany information in the possession of the state attorney general relating\nto the investigation of organized crime, gaming offenses, other revenue\ncrimes or tax evasion. Provided however, the attorney general may\nwithhold any information that (a) would identify a confidential source\nor disclose confidential information relating to a criminal\ninvestigation, (b) would interfere with law enforcement investigations\nor judicial proceedings, (c) reveal criminal investigative techniques or\nprocedures, that, if disclosed, could endanger the life or safety of any\nperson, or (d) constitutes records received from other state, local or\nfederal agencies that the attorney general is prohibited by law,\nregulation or agreement from disclosing.\n 15. (a) The commission shall have the power to appoint such deputies,\nsecretary, officers, representatives and counsel as the commission may\ndeem necessary, who shall be designated to be in the exempt class of\ncivil service. Any newly hired employees who are not designated to be in\nthe exempt class of civil service pursuant to this subdivision and who\nare not subject to the transfer provisions set forth in section one\nhundred eighteen of this article shall be considered for purposes of\narticle fourteen of the civil service law to be public employees in the\ncivil service of the state, and shall be assigned to the appropriate\ncollective bargaining unit. Employees serving in positions in newly\ncreated titles shall be assigned to the same collective bargaining unit\nas they would have been assigned to were such titles created prior to\nthe establishment of the commission.\n (b) It shall be the duty of the secretary to keep a full and faithful\nrecord of the proceedings of the commission, preserve at the general\noffice of the commission all books, maps, documents and papers entrusted\nto his or her care, prepare for service such papers and notices as may\nbe required by the commission, and perform such other duties as the\ncommission may prescribe.\n 16. To operate, or immediately appoint or contract with an independent\nthird party to operate, any video lottery gaming facility subject to\nlicensure by the commission on an interim basis in the event that the\nlicensed operator or operators of such facility discontinues operations\ndue to financial, regulatory or any other circumstances, including, but\nnot limited to, license revocation, relinquishment or expiration, and\nthe commission determines, after notice and an opportunity for hearing,\nthat it would further the public interest to continue such operations.\nSuch operation shall be on a temporary basis, not to exceed one hundred\neighty days, until such time as a permanent operator is licensed and\nauthorized to operate such facility.\n 17. To retain and employ private consultants and agencies on a\ncontract basis for rendering technical or other assistance and advice\nfor the performance of its duties.\n 18. To annually report to the governor, the speaker of the assembly\nand the temporary president of the senate, its proceedings for the\npreceding calendar year and any suggestions and recommendations as it\nshall deem desirable.\n 19. To promulgate any rules and regulations that it deems necessary to\ncarry out its responsibilities.\n 20. The commission shall serve as a host racing commission and an\noff-track betting commission for purposes of 15 U.S.C. 3001, et seq.\n * 21. Prior to transporting into this state any gambling devices for\nthe purpose of exhibition or marketing, an officer of the manufacturer\nor distributor of the gambling devices shall file with the gaming\ncommission a statement affirmed under penalty of perjury that such\ngambling devices are being transported into this state in a sealed\ncontainer and possessed solely for the purpose of exhibition or\nmarketing. Such statement shall specify the number of devices, types of\ndevices, the dates upon which such devices are to be so transported and\npossessed within the state, which period shall not exceed two weeks, and\nthe identity of the person or persons who will have custody and control\nof the devices while in this state. Such statement shall further specify\nthat the gambling devices will thereafter be transported in a sealed\ncontainer to a jurisdiction outside of this state for purposes that are\nlawful in such outside jurisdiction. The commission may determine the\nform, content and manner of filing of such statement and shall be\nauthorized to promulgate any rules and regulations necessary to carry\nout the purposes of this subdivision.\n * NB There are 2 sb 21's\n * 21. The commission shall promptly make available for public\ninspection and copying via electronic connection to the commission's\nwebsite a copy of any report received from the New York state board of\nelections pursuant to article fourteen of the election law.\n * NB There are 2 sb 21's\n 22. The commission shall annually conduct an evaluation of video\nlottery gaming to consider the various competitive factors impacting\nsuch industry and shall consider administrative changes that may be\nnecessary to ensure a competitive industry and preserve its primary\nfunction of raising revenue for public education.\n 23. To register and regulate interactive fantasy sports in New York\nstate.\n 24. To regulate sports wagering in New York state.\n