S T A T E   O F   N E W   Y O R K
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                                  3293

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PRETLOW, REILLY -- 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

  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
TO ANY LOCAL GOVERNMENTS BE LESS THAN REASONABLE, AS DETERMINED  BY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89032-01-1

A. 3293                             2

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.