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New York's recent State Budget law changed the gaming
regulatory structure in New York state moving forward. The new law,
the relevant parts of which become effective on October 1, 2012,
created the New York State Gaming Commission, a new agency which
will take over the regulation and responsibilities for all forms of
legalized in New York including Class III Indian Gaming,
pari-mutual wagering(both on-track and off-track wagering), bingo
and chartable games of chance, the lottery and prospective New York
casinos.
Although the N.Y. Lottery will now be a division under the
Gaming Commission, it will no longer be responsible for video
lottery gaming. The formation of the Gaming Commission was also
likely done in anticipation of the prospective change in the New
York State Constitution which will make the legalization of casinos
constitutional in New York,. Presently New York's casinos are
either Native American casinos or VLT facilities operated in
conjunction with the NY Lottery.
The 7 member Gaming Commission will have the authority to issue
and promulgate regulations with regards to licensing, registration,
equipment testing and other regulatory functions customarily done
by gaming regulatory agencies. The Gaming Commission should have
sufficient lead time to organize and settle in prior to the
prospective constitutional amendments becoming effective in a
couple of years. Five of the seven members will be appointed by the
Governor and the remaining two members by leaders in the
Legislature.
This article is for general information and does not include
full legal analysis of the matters presented. It should not be
construed or relied upon as legal advice or legal opinion on any
specific facts or circumstances. The description of the results of
any specific case or transaction contained herein does not mean or
suggest that similar results can or could be obtained in any other
matter. Each legal matter should be considered to be unique and
subject to varying results. The invitation to contact the authors
or attorneys in our firm is not a solicitation to provide
professional services and should not be construed as a statement as
to any availability to perform legal services in any jurisdiction
in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm with more than 700
attorneys in 24 offices in the United States and internationally,
offers innovative solutions to the legal and business challenges
presented by today's evolving global markets. Duane Morris LLP,
a full-service law firm with more than 700 attorneys in 24 offices
in the United States and internationally, offers innovative
solutions to the legal and business challenges presented by
today's evolving global markets. The
Duane Morris Institute provides training workshops for HR
professionals, in-house counsel, benefits administrators and senior
managers.
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