A00219 Summary:

BILL NOA00219
 
SAME ASSAME AS S00634
 
SPONSORPretlow (MS)
 
COSPNSR
 
MLTSPNSR
 
Amd Art 1 S9, Constn
 
Authorizes and limits casino gambling in the county of Sullivan; subjects amounts offered as prizes for games to the approval of the legislature which periodically shall revise prize levels as it deems necessary.
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A00219 Actions:

BILL NOA00219
 
01/07/2009referred to racing and wagering
01/07/2009to attorney-general for opinion
02/03/2009opinion referred to judiciary
05/13/2009reported referred to ways and means
01/06/2010referred to racing and wagering
05/12/2010reported referred to ways and means
07/01/2010held for consideration in ways and means
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A00219 Floor Votes:

There are no votes for this bill in this legislative session.
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A00219 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           219
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. GUNTHER
          -- 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 and limiting casino gambling in Sullivan coun-
          ty
 
     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, and except for no more
    15  than three privately owned casinos which may be authorized by the legis-
    16  lature for operations in Sullivan County, in a manner prescribed by  the
    17  legislature  for offering and conducting gaming, which may include games
    18  of chance, slot machines and card and board games  commonly  and  tradi-
    19  tionally offered at casinos, and including pari-mutuel wagering on horse
    20  racing,  provided however, that such authorizations shall be preceded by
    21  local approval, resulting from passage of a single county-wide  referen-

    22  dum  offered  pursuant to applicable state and county laws, the proceeds
    23  of which shall be distributed at the direction of the legislature  which
    24  may  from time to time revise the distribution formulas, provided howev-
    25  er, that in no event shall shares to any local governments be less  than
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89004-01-9

        A. 219                              2
 
     1  reasonable,  as determined by the legislature, to offset costs attribut-
     2  able to the conduct of casino gaming, shall hereafter be  authorized  or
     3  allowed  within  this  state; and the legislature shall pass appropriate

     4  laws to prevent offenses against any of the provisions of this section.
     5    2. Notwithstanding the foregoing provisions of this section, any city,
     6  town or village within the state may by an approving vote of the majori-
     7  ty  of  the qualified electors in such municipality voting on a proposi-
     8  tion therefor submitted at a  general  or  special  election  authorize,
     9  subject to state legislative supervision and control, the conduct of one
    10  or  both  of  the following categories of games of chance commonly known
    11  as: (a) bingo or lotto, in which prizes are  awarded  on  the  basis  of
    12  designated numbers or symbols on a card conforming to numbers or symbols
    13  selected  at  random; (b) games in which prizes are awarded on the basis
    14  of a winning number or numbers, color or colors, or  symbol  or  symbols
    15  determined  by  chance  from  among those previously selected or played,

    16  whether determined as the result of the spinning of a wheel,  a  drawing
    17  or  otherwise  by  chance. If authorized, such games shall be subject to
    18  the following restrictions, among others which may be prescribed by  the
    19  legislature:  (1)  only  bona  fide  religious, charitable or non-profit
    20  organizations of veterans, volunteer firefighter and similar  non-profit
    21  organizations  shall  be permitted to conduct such games; (2) the entire
    22  net proceeds of any game shall be  exclusively  devoted  to  the  lawful
    23  purposes  of such organizations; (3) no person except a bona fide member
    24  of any such organization shall participate in the management  or  opera-
    25  tion  of such game; and (4) no person shall receive any remuneration for
    26  participating in the management or operation of  any  such  game.    The
    27  amounts  to  be offered as prizes for such games shall be subject to the

    28  approval of the legislature which from time to time shall  revise  prize
    29  levels  as it determines necessary to keep prize levels competitive with
    30  those offered at comparable venues. Unless otherwise provided by law, no
    31  single prize shall exceed two  hundred  fifty  dollars,  nor  shall  any
    32  series  of  prizes  on  one  occasion  aggregate  more than one thousand
    33  dollars. The legislature shall pass appropriate laws to  effectuate  the
    34  purposes  of  this subdivision, ensure that such games are rigidly regu-
    35  lated to prevent commercialized gambling, prevent participation by crim-
    36  inal and other undesirable elements and the diversion of funds from  the
    37  purposes  authorized hereunder and establish a method by which a munici-
    38  pality which has authorized  such  games  may  rescind  or  revoke  such

    39  authorization.  Unless  permitted  by  the  legislature, no municipality
    40  shall have the power to pass local laws or ordinances relating  to  such
    41  games.  Nothing in this section shall prevent the legislature from pass-
    42  ing laws more restrictive than any of the provisions of this section.
    43    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    44  referred  to  the  first regular legislative session convening after the
    45  next succeeding general election of members of  the  assembly,  and,  in
    46  conformity  with  section  1  of  article  19  of  the  constitution, be
    47  published for 3 months previous to the time of such election.
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