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A05438 Summary:

BILL NOA05438
 
SAME ASSAME AS S01282
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Amd Art 1 9, Constn
 
Authorizes gambling on professional sporting events and athletic events sponsored by universities or colleges at betting facilities located at thoroughbred and harness racetracks operating in this state, in simulcast theaters operated by off-track betting corporations and in any constitutionally authorized casino facility; provides that the proceeds of such gambling be applied exclusively to or in aid or support of education.
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A05438 Actions:

BILL NOA05438
 
02/09/2017referred to racing and wagering
02/10/2017to attorney-general for opinion
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A05438 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5438
 
SPONSOR: Weprin
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 9 of article 1 of the constitution, in relation to authorizing gambling on professional sporting events and athletic events sponsored by universities or colleges   SUMMARY OF PROVISIONS: Article 1, Section 9 of the State Constitution would be amended to allow for an additional exception to the prohibition on an gambling authoriz- ing wagering on professional sporting events at betting facilities located at horse racing tracks, simulcast theaters operated by off-track betting corporations and in any constitutionally authorized casino facility, as may be prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education.   EXISTING LAW: Article 1, Section 9 of the State Constitution generally proscribes all gambling except for four exceptions.. These four exceptions are: (1) pari-mutuel wagering on horse racing; (2) State lotteries; (3) bingo conducted by certain charitable, non-profit and religious organizations; and (4) games of chance conducted by these same charitable, non-profit, and religious organizations.   JUSTIFICATION: Legalizing professional sports betting in New York would be an opportu- nity to diminish a serious organized crime enterprise and provide crit- ical funds for education. According to the New York State District Attorney's Offices in both Kings and Queens Counties, illegal sports betting generates more than $100 billion a year nationwide, and between $15 and $30 billion a year in New York City alone, While our law enforcement agencies do their best to stop this criminal industry, it is an extremely lucrative criminal enterprise for organized crime and one that has grown steadily over the past 3 decades. State regulation of professional sports betting would drastically reduce profits for organized crime as was the intent of the New York State Legislature in 1982 when it sought to achieve similar goals in creating Off-Track Betting. In addition, strong gaming control regulations would help to abate any concerns regarding game fixing and other potential abuses. Furthermore, if the state were to legalize and regulate this industry it would provide a tremendous source of revenue that could be used to provide much needed funding for various services, such as education. One estimate from The Partnership for New York City, suggests the state could receive as much as $1.9 billion a year in revenue if professional sports gambling were permitted in the current locations where gambling in authorized in the state. This amount would then increase with the recently proposed casino facilities. Finally, the thrust of this legislation is regulation, not promotion. While there are legitimate concerns related to the social challenges that arise from problem gambling, this activity already exists on a nationwide level and certainly within this state. The illegal organiza- tions that are unlawfully benefiting from this industry are certainly not concerned with addressing these challenges and instead benefit from them. If New York were to allow professional sports betting the money received by the state could be used to support education related programs that are designed to address these social challenges as well as providing much needed revenue to support education in general.   LEGISLATIVE HISTORY: 05/29/12 referred to racing and wagering 05/31/12 to attorney-general for opinion 06/06/12 amend (t) and recommit to racing and wagering 06/06/12 print number 10464a 06/07/12 to attorney-general for opinion   FISCAL IMPLICATIONS: Significant revenue potential for state.   EFFECTIVE DATE: If agreed by the Senate and the Assembly, the amendment will be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conform- ity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
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A05438 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5438
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2017
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Racing and Wagering
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 9 of article 1 of the constitution, in
          relation  to  authorizing gambling on professional sporting events and
          athletic events sponsored by universities or colleges
 
     1    Section 1. Resolved (if the Senate  concur),  That  subdivision  1  of
     2  section  9  of  article  1  of  the  constitution  be amended to read as
     3  follows:
     4    1. No law shall be passed abridging the rights of the people peaceably
     5  to assemble and to petition the government, or any  department  thereof;
     6  nor  shall  any  divorce  be  granted  otherwise  than  by  due judicial
     7  proceedings; except as hereinafter provided, no lottery or the  sale  of
     8  lottery  tickets, pool-selling, book-making, or any other kind of gambl-
     9  ing, except lotteries operated by the state  and  the  sale  of  lottery
    10  tickets  in  connection therewith as may be authorized and prescribed by
    11  the legislature, the net proceeds of which shall be applied  exclusively
    12  to  or  in  aid or support of education in this state as the legislature
    13  may prescribe, except pari-mutuel betting  on  horse  races  as  may  be
    14  prescribed  by  the  legislature and from which the state shall derive a
    15  reasonable revenue for the support  of  government,  and  except  casino
    16  gambling  at  no more than seven facilities as authorized and prescribed
    17  by the legislature shall hereafter be authorized or allowed within  this
    18  state;  and except wagering on professional sporting events and athletic
    19  events sponsored by  universities  or  colleges  at  betting  facilities
    20  located  at thoroughbred and harness racetracks operating in this state,
    21  in simulcast theaters operated by off-track betting corporations and  in
    22  any constitutionally authorized casino facility, as may be prescribed by
    23  the  legislature, the net proceeds of which shall be applied exclusively
    24  to or in aid or support of education in this state  as  the  legislature
    25  may  prescribe,  and  the  legislature  shall  pass  appropriate laws to
    26  prevent offenses against any of the provisions of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89012-01-7

        A. 5438                             2
 
     1    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
     2  referred  to  the  first regular legislative session convening after the
     3  next succeeding general election of members of  the  assembly,  and,  in
     4  conformity  with  section  1  of  article  19  of  the  constitution, be
     5  published for 3 months previous to the time of such election.
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