NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8068
SPONSOR: Pretlow
 
TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to subdivision 1 of section 9 of article 1 of the
constitution, in relation to casino gambling in the state
 
PURPOSE:
To provide for the authorization of commercial casino gambling in New
York State.
 
SUMMARY OF PROVISIONS:
Article 1, Section 9 of the State Constitution would be amended to
authorize no more than eight and no fewer than three casinos to be regu-
lated by the State.
 
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 an 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:
Casino gaming has significant potential to be a major economic engine
for New York Stale and the fact is that gaming already exists throughout
the State but the State is unable to fully capitalize on it. Native
Americans have five Casinos and there are nine racinos at the racetracks
in New York State. New York is also surrounded by gambling. States and
Canadian provinces just across its borders have legalized casino gambl-
ing, and they are the beneficiaries of the tourism, revenue, and good
jobs that could be in New York.
It is estimated that over S I billion of economic activity can be gener-
ated from casino gaining and passing a Constitutional amendment would
allow New York to maximize opportunities. Limiting casino gambling to no
more than seven facilities guarantees there will not be an excessive
proliferation of casinos within New York State.
 
LEGISLATIVE HISTORY:
In 2012, this resolution passed both houses of the Legislature and if
approved this year, go to the public for a vote in the general election
to be held in 2013.
 
BUDGET IMPLICATIONS:
There are no immediate budget implications since the Constitutional
amendment cannot go into effect until January 1, 2014. Future budget
implications would depend on the enabling legislation that would accom-
pany passage of the amendment.
 
EFFECTIVE DATE:
Constitutional amendments require the passage of a concurrent resolution
by two separately elected Legislatures and subsequent approval by the
voters. As a result, the amendment could not take effect until January
1, 2014.
STATE OF NEW YORK
________________________________________________________________________
8068
2013-2014 Regular Sessions
IN ASSEMBLY
June 17, 2013
___________
Introduced by M. of A. PRETLOW -- (at request of the Governor) -- read
once and referred to the Committee on Racing and Wagering
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to subdivision 1 of section 9 of article 1 of the
constitution, in relation to casino gambling in the state
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, [and] 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 the legislature shall pass appropriate laws to prevent
19 offenses against any of the provisions of this section.
20 § 2. Resolved (if the Senate concur), That the foregoing amendment be
21 submitted to the people for approval at the general election to be held
22 in the year 2013 in accordance with the provisions of the election law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89106-01-3