STATE OF NEW YORK
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1575
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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Introduced by M. of A. LENTOL, RAIA -- 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 certain social card games
1 Section 1. Resolved (if the Senate concur), That section 9 of article
2 1 of the constitution be amended to read as follows:
3 § 9. 1. No law shall be passed abridging the rights of the people
4 peaceably to assemble and to petition the government, or any department
5 thereof; nor shall any divorce be granted otherwise than by due judicial
6 proceedings; except as hereinafter provided, no lottery or the sale of
7 lottery tickets, pool-selling, book-making, or any other kind of gambl-
8 ing, except lotteries operated by the state and the sale of lottery
9 tickets in connection therewith as may be authorized and prescribed by
10 the legislature, the net proceeds of which shall be applied exclusively
11 to or in aid or support of education in this state as the legislature
12 may prescribe, and except pari-mutuel betting on horse races as may be
13 prescribed by the legislature and from which the state shall derive a
14 reasonable revenue for the support of government, shall hereafter be
15 authorized or allowed within this state; and the legislature shall pass
16 appropriate laws to prevent offenses against any of the provisions of
17 this section.
18 2. Notwithstanding the foregoing provisions of this section, any city,
19 town or village within the state may by an approving vote of the majori-
20 ty of the qualified electors in such municipality voting on a proposi-
21 tion therefor submitted at a general or special election authorize,
22 subject to state legislative supervision and control, the conduct of one
23 or both of the following categories of games of chance commonly known
24 as: (a) bingo or lotto, in which prizes are awarded on the basis of
25 designated numbers or symbols on a card conforming to numbers or symbols
26 selected at random; (b) games in which prizes are awarded on the basis
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89052-01-3
A. 1575 2
1 of a winning number or numbers, color or colors, or symbol or symbols
2 determined by chance from among those previously selected or played,
3 whether determined as the result of the spinning of a wheel, a drawing
4 or otherwise by chance; (c) social card games as determined by the
5 legislature. If authorized, such games shall be subject to the following
6 restrictions, among others which may be prescribed by the legislature:
7 (1) only bona fide religious, charitable or non-profit organizations of
8 veterans, volunteer firefighter and similar non-profit organizations
9 shall be permitted to conduct such games; (2) the entire net proceeds of
10 any game shall be exclusively devoted to the lawful purposes of such
11 organizations; (3) no person except a bona fide member of any such
12 organization shall participate in the management or operation of such
13 game; and (4) no person shall receive any remuneration for participating
14 in the management or operation of any such game. Unless otherwise
15 provided by law, no single prize shall exceed two hundred fifty dollars,
16 nor shall any series of prizes on one occasion aggregate more than one
17 thousand dollars. The legislature shall pass appropriate laws to effec-
18 tuate the purposes of this subdivision, ensure that such games are
19 rigidly regulated to prevent commercialized gambling, prevent partic-
20 ipation by criminal and other undesirable elements and the diversion of
21 funds from the purposes authorized hereunder and establish a method by
22 which a municipality which has authorized such games may rescind or
23 revoke such authorization. Unless permitted by the legislature, no muni-
24 cipality shall have the power to pass local laws or ordinances relating
25 to such games. Nothing in this section shall prevent the legislature
26 from passing laws more restrictive than any of the provisions of this
27 section.
28 § 2. Resolved (if the Senate concur), That the foregoing amendment be
29 referred to the first regular legislative session convening after the
30 next succeeding general election of members of the assembly, and, in
31 conformity with section 1 of article 19 of the constitution, be
32 published for 3 months previous to the time of such election.
