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S02411 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                    January 17, 2013
        Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        proposing an amendment to section 9 of article 1 of the constitution, in
          relation to authorizing gambling on professional sporting events

     1    Section 1. Resolved (if the Assembly 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 wagering on
    16  professional sporting events at betting facilities located at  thorough-
    17  bred  and  harness  racetracks  operating in this state and in simulcast
    18  theaters operated by off-track betting corporations as may be prescribed
    19  by the legislature, shall hereafter be authorized or allowed within this
    20  state; and the  legislature  shall  pass  appropriate  laws  to  prevent
    21  offenses against any of the provisions of this section.  With respect to
    22  wagering  on professional sporting events as hereinabove provided, after
    23  payment of winning bets, the net proceeds  from  such  wagers  shall  be

    24  distributed  in a fair and equitable manner:  first, to the operators of
    25  the thoroughbred and harness racetrack or the off-track  betting  corpo-
    26  ration operating the teletheater at which the wagering was conducted for
    27  payment  of  their  necessary  expenses,  second  to  the  state for its
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2411                             2
     1  expenses in overseeing and administering the pertinent provisions of law
     2  relating to such wagering, and third to provide real property tax relief

     3  to residential real  property  taxpayers  in  the  regions  wherein  the
     4  thoroughbred  or harness racetrack or teletheater is located, including,
     5  but  not  limited  to  counties,  cities,  towns,  villages  and  school
     6  districts,  provided,  however,  that such amounts shall only be used to
     7  reduce the amount a real property taxpayer would be required to  pay  in
     8  real  property taxes were the net revenues from such wagers not realized
     9  and available for this purpose.
    10    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    11  be referred to the first regular legislative session convening after the
    12  next  succeeding  general  election  of members of the assembly, and, in
    13  conformity with  section  1  of  article  19  of  the  constitution,  be

    14  published for 3 months previous to the time of such election.
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