S T A T E   O F   N E W   Y O R K
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                                   221

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee 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

  Section 1. Resolved (if the Senate concur), That section 9 of  article
1 of the constitution be amended to read as follows:
  S  9.  1.  No  law  shall be passed abridging the rights of the people
peaceably to assemble and to petition the government, or any  department
thereof; nor shall any divorce be granted otherwise than by due judicial
proceedings;  except  as hereinafter provided, no lottery or the sale of
lottery tickets, pool-selling, book-making, or any other kind of  gambl-
ing,  except  lotteries  operated  by  the state and the sale of lottery
tickets in connection therewith as may be authorized and  prescribed  by
the  legislature, the net proceeds of which shall be applied exclusively
to or in aid or support of education in this state  as  the  legislature
may  prescribe,  and except pari-mutuel betting on horse races as may be
prescribed by the legislature and from which the state  shall  derive  a
reasonable revenue for the support of government, AND EXCEPT FOR NO MORE
THAN THREE PRIVATELY OWNED CASINOS WHICH MAY BE AUTHORIZED BY THE LEGIS-
LATURE  FOR OPERATIONS IN SULLIVAN COUNTY, IN A MANNER PRESCRIBED BY THE
LEGISLATURE FOR OFFERING AND CONDUCTING GAMING, WHICH MAY INCLUDE  GAMES
OF  CHANCE,  SLOT  MACHINES AND CARD AND BOARD GAMES COMMONLY AND TRADI-
TIONALLY OFFERED AT CASINOS,  AND  INCLUDING  WAGERING  ON  PROFESSIONAL
SPORTS  AND PARI-MUTUEL WAGERING ON HORSE RACING, PROVIDED HOWEVER, THAT
SUCH AUTHORIZATIONS SHALL BE PRECEDED BY LOCAL APPROVAL, RESULTING  FROM
PASSAGE  OF A SINGLE COUNTY-WIDE REFERENDUM OFFERED PURSUANT TO APPLICA-
BLE STATE AND COUNTY LAWS, THE PROCEEDS OF WHICH SHALL BE DISTRIBUTED AT
THE DIRECTION OF THE LEGISLATURE WHICH MAY FROM TIME TO TIME REVISE  THE
DISTRIBUTION  FORMULAS,  PROVIDED HOWEVER, THAT IN NO EVENT SHALL SHARES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
A                                                          LBD89003-02-9

A. 221                              2

TO ANY LOCAL GOVERNMENTS BE LESS THAN REASONABLE, AS DETERMINED  BY  THE
LEGISLATURE,  TO  OFFSET  COSTS  ATTRIBUTABLE  TO  THE CONDUCT OF CASINO
GAMING, shall hereafter be authorized or allowed within this state;  and
the  legislature shall pass appropriate laws to prevent offenses against
any of the provisions of this section.
  2. Notwithstanding the foregoing provisions of this section, any city,
town or village within the state may by an approving vote of the majori-
ty of the qualified electors in such municipality voting on  a  proposi-
tion  therefor  submitted  at  a  general or special election authorize,
subject to state legislative supervision and control, the conduct of one
or both of the following categories of games of  chance  commonly  known
as:  (a)  bingo  or  lotto,  in which prizes are awarded on the basis of
designated numbers or symbols on a card conforming to numbers or symbols
selected at random; (b) games in which prizes are awarded on  the  basis
of  a  winning  number or numbers, color or colors, or symbol or symbols
determined by chance from among those  previously  selected  or  played,
whether  determined  as the result of the spinning of a wheel, a drawing
or otherwise by chance. If authorized, such games shall  be  subject  to
the  following restrictions, among others which may be prescribed by the
legislature: (1) only bona  fide  religious,  charitable  or  non-profit
organizations  of veterans, volunteer firefighter and similar non-profit
organizations shall be permitted to conduct such games; (2)  the  entire
net  proceeds  of  any  game  shall be exclusively devoted to the lawful
purposes of such organizations; (3) no person except a bona fide  member
of  any  such organization shall participate in the management or opera-
tion of such game; and (4) no person shall receive any remuneration  for
participating  in  the  management  or  operation of any such game.  THE
AMOUNTS TO BE OFFERED AS PRIZES FOR SUCH GAMES SHALL BE SUBJECT  TO  THE
APPROVAL  OF  THE LEGISLATURE WHICH FROM TIME TO TIME SHALL REVISE PRIZE
LEVELS AS IT DETERMINES NECESSARY TO KEEP PRIZE LEVELS COMPETITIVE  WITH
THOSE OFFERED AT COMPARABLE VENUES. Unless otherwise provided by law, no
single  prize  shall  exceed  two  hundred  fifty dollars, nor shall any
series of prizes on  one  occasion  aggregate  more  than  one  thousand
dollars.  The  legislature shall pass appropriate laws to effectuate the
purposes of this subdivision, ensure that such games are  rigidly  regu-
lated to prevent commercialized gambling, prevent participation by crim-
inal  and other undesirable elements and the diversion of funds from the
purposes authorized hereunder and establish a method by which a  munici-
pality  which  has  authorized  such  games  may  rescind or revoke such
authorization. Unless permitted  by  the  legislature,  no  municipality
shall  have  the power to pass local laws or ordinances relating to such
games. Nothing in this section shall prevent the legislature from  pass-
ing laws more restrictive than any of the provisions of this section.
  S  2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.