2023 New York Laws › PML - Racing, Pari-Mutuel Wagering and Breeding Law › Article 1 - Supervision and Regulation › 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.