N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 104: Powers and duties of the commission

§ 104. Powers and duties of the commission. The commission shall have

the authority and responsibility:

1. To have general jurisdiction over all gaming activities within the

state and over the corporations, associations and persons engaged

therein.

2. To hear and decide promptly and in reasonable order all license,

registration, certificate and permit applications, and causes affecting

the granting, suspension, revocation or renewal thereof, of

corporations, associations or persons engaged or seeking to engage in

gaming activity.

3. To test or cause to have tested and approve surveillance systems,

games of chance, gaming devices and lottery games.

4. To monitor any corporation, association or person engaged in gaming

activity for compliance with this chapter.

5. To, at any time, examine the books, papers, records and accounts of

any corporation, association or person engaged in gaming activity

pursuant to a license, registration, franchise, certificate or permit

issued by the commission.

6. To conduct investigations and hearings pertaining to violations of

this chapter. Each member of the commission and such officers, employees

or agents of the commission as may be designated by the commission for

such purpose shall have the power to administer oaths and examine

witnesses.

7. Each member of the commission, and such officers, employees or

agents of the commission as may be designated by the commission for such

purpose, shall have the power to administer oaths and examine witnesses,

and may issue subpoenas to compel attendance of witnesses, and the

production of all relevant and material reports, books, papers,

documents, correspondence and other evidence.

8. To collect all license and registration fees imposed by state law,

or rules or regulations promulgated thereunder, and any payments from an

Indian nation or tribe under the terms of a tribal-state compact that is

in effect pursuant to the federal Indian gaming regulatory act, 25

U.S.C. § 2701, et seq.

9. To levy and collect civil penalties and fines for any violation of

this chapter.

10. To be present through its employees and agents during the

operation of any race track, gaming facility, charitable gaming

organization, simulcasting facility or video lottery gaming facility for

the purpose of certifying the revenue thereof, receiving complaints from

the public relating to the conduct of gaming and simulcast wagering

activities, examining records of revenues and procedures, and conducting

periodic reviews of operations and facilities for purposes of evaluating

any current or suggested provision of law, rule or regulation.

11. To ensure compliance with tribal-state gaming compacts that are in

effect pursuant to the federal Indian gaming regulatory act, 25 U.S.C. §

2701, et seq.

12. To refer to a law enforcement agency of competent jurisdiction any

evidence of a violation of law.

13. To cause background investigations to be conducted on any

applicant for a license, registration, certificate, permit or approval.

14. To access the criminal history records of the division of criminal

justice services, pursuant to subdivision eight-a of section eight

hundred thirty-seven of the executive law, in connection with executing

the responsibilities of the commission relating to the regulation,

oversight, licensing, permitting or certification, including

fingerprinting, criminal history record checks and background

investigations, of persons applying to engage in gaming activities. At

the request of the commission, the division of criminal justice services

shall submit a fingerprint card, along with the subject's processing

fee, to the federal bureau of investigation for the purpose of

conducting a criminal history search and returning a report thereon. The

commission shall also be entitled to request and receive, pursuant to a

written memorandum of understanding filed with the department of state,

any information in the possession of the state attorney general relating

to the investigation of organized crime, gaming offenses, other revenue

crimes or tax evasion. Provided however, the attorney general may

withhold any information that (a) would identify a confidential source

or disclose confidential information relating to a criminal

investigation, (b) would interfere with law enforcement investigations

or judicial proceedings, (c) reveal criminal investigative techniques or

procedures, that, if disclosed, could endanger the life or safety of any

person, or (d) constitutes records received from other state, local or

federal agencies that the attorney general is prohibited by law,

regulation or agreement from disclosing.

15. (a) The commission shall have the power to appoint such deputies,

secretary, officers, representatives and counsel as the commission may

deem necessary, who shall be designated to be in the exempt class of

civil service. Any newly hired employees who are not designated to be in

the exempt class of civil service pursuant to this subdivision and who

are not subject to the transfer provisions set forth in section one

hundred eighteen of this article shall be considered for purposes of

article fourteen of the civil service law to be public employees in the

civil service of the state, and shall be assigned to the appropriate

collective bargaining unit. Employees serving in positions in newly

created titles shall be assigned to the same collective bargaining unit

as they would have been assigned to were such titles created prior to

the establishment of the commission.

(b) It shall be the duty of the secretary to keep a full and faithful

record of the proceedings of the commission, preserve at the general

office of the commission all books, maps, documents and papers entrusted

to his or her care, prepare for service such papers and notices as may

be required by the commission, and perform such other duties as the

commission may prescribe.

16. To operate, or immediately appoint or contract with an independent

third party to operate, any video lottery gaming facility subject to

licensure by the commission on an interim basis in the event that the

licensed operator or operators of such facility discontinues operations

due to financial, regulatory or any other circumstances, including, but

not limited to, license revocation, relinquishment or expiration, and

the commission determines, after notice and an opportunity for hearing,

that it would further the public interest to continue such operations.

Such operation shall be on a temporary basis, not to exceed one hundred

eighty days, until such time as a permanent operator is licensed and

authorized to operate such facility.

17. To retain and employ private consultants and agencies on a

contract basis for rendering technical or other assistance and advice

for the performance of its duties.

18. To annually report to the governor, the speaker of the assembly

and the temporary president of the senate, its proceedings for the

preceding calendar year and any suggestions and recommendations as it

shall deem desirable.

19. To promulgate any rules and regulations that it deems necessary to

carry out its responsibilities.

20. The commission shall serve as a host racing commission and an

off-track betting commission for purposes of 15 U.S.C. 3001, et seq.

* 21. Prior to transporting into this state any gambling devices for

the purpose of exhibition or marketing, an officer of the manufacturer

or distributor of the gambling devices shall file with the gaming

commission a statement affirmed under penalty of perjury that such

gambling devices are being transported into this state in a sealed

container and possessed solely for the purpose of exhibition or

marketing. Such statement shall specify the number of devices, types of

devices, the dates upon which such devices are to be so transported and

possessed within the state, which period shall not exceed two weeks, and

the identity of the person or persons who will have custody and control

of the devices while in this state. Such statement shall further specify

that the gambling devices will thereafter be transported in a sealed

container to a jurisdiction outside of this state for purposes that are

lawful in such outside jurisdiction. The commission may determine the

form, content and manner of filing of such statement and shall be

authorized to promulgate any rules and regulations necessary to carry

out the purposes of this subdivision.

* NB There are 2 sb 21's

* 21. The commission shall promptly make available for public

inspection and copying via electronic connection to the commission's

website a copy of any report received from the New York state board of

elections pursuant to article fourteen of the election law.

* NB There are 2 sb 21's

22. The commission shall annually conduct an evaluation of video

lottery gaming to consider the various competitive factors impacting

such industry and shall consider administrative changes that may be

necessary to ensure a competitive industry and preserve its primary

function of raising revenue for public education.

23. To register and regulate interactive fantasy sports in New York

state.

24. To regulate sports wagering in New York state.