STATE OF NEW YORK
________________________________________________________________________
6753
2011-2012 Regular Sessions
IN ASSEMBLY
March 28, 2011
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Introduced by M. of A. TENNEY -- 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 casino gambling in the state
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; and except as hereinafter provided, no lottery or the sale
7 of lottery tickets, pool-selling, book-making, or any other kind of
8 gambling, 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
27 of a winning number or numbers, color or colors, or symbol or symbols
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89119-01-1
A. 6753 2
1 determined by chance from among those previously selected or played,
2 whether determined as the result of the spinning of a wheel, a drawing
3 or otherwise by chance. If authorized, such games shall be subject to
4 the following restrictions, among others which may be prescribed by the
5 legislature: (1) only bona fide religious, charitable or non-profit
6 organizations of veterans, volunteer firefighter and similar non-profit
7 organizations shall be permitted to conduct such games; (2) the entire
8 net proceeds of any game shall be exclusively devoted to the lawful
9 purposes of such organizations; (3) no person except a bona fide member
10 of any such organization shall participate in the management or opera-
11 tion of such game; and (4) no person shall receive any remuneration for
12 participating in the management or operation of any such game. Unless
13 otherwise provided by law, no single prize shall exceed two hundred
14 fifty dollars, nor shall any series of prizes on one occasion aggregate
15 more than one thousand dollars. The legislature shall pass appropriate
16 laws to effectuate the purposes of this subdivision, ensure that such
17 games are rigidly regulated to prevent commercialized gambling, prevent
18 participation by criminal and other undesirable elements and the diver-
19 sion of funds from the purposes authorized hereunder and establish a
20 method by which a municipality which has authorized such games may
21 rescind or revoke such authorization. Unless permitted by the legisla-
22 ture, no municipality shall have the power to pass local laws or ordi-
23 nances relating to such games. Nothing in this section shall prevent the
24 legislature from passing laws more restrictive than any of the
25 provisions of this section.
26 3. Notwithstanding the foregoing provisions of this section, games of
27 chance, any card games of chance, electronic or electromechanical
28 facsimiles of any games of chance may be conducted or operated, and slot
29 machines may be operated in privately owned and operated land-based
30 casinos within any county within the state, as may be authorized and
31 prescribed by the legislature, but only if approved by county referendum
32 as a separate question, placed upon the ballot by a majority vote of the
33 county legislative body pursuant to county law, in the county in which
34 such games of chance and slot machines are to be authorized; provided,
35 however, that in any county wholly encompassed by a city having a popu-
36 lation of one million or more, as may be authorized and prescribed by
37 the legislature, but only if approved by a referendum as a separate
38 question in the county in which such games of chance and slot machines
39 are to be authorized. Unless permitted by the legislature, no munici-
40 pality shall have the power to regulate such games of chance or slot
41 machines if such are authorized pursuant to this paragraph. A portion,
42 to be determined by the legislature, of the proceeds from such games of
43 chance and slot machines shall be applied to or in aid or support of
44 programs to promote the community development of the locality and
45 region, the racing and breeding industry in New York state, services for
46 and treatment of persons addicted to gambling, and for support of state
47 and local government.
48 § 2. Resolved (if the Senate concur), That the foregoing amendment be
49 referred to the first regular legislative session convening after the
50 next succeeding general election of members of the assembly, and, in
51 conformity with section 1 of article 19 of the constitution, to be
52 published for 3 months previous to the time of such election.
