NY State Senate Bill 2011-S7276B

Senate Bill S7276B

2011-2012 Legislative Session

Authorizes a lottery game for a community grant fund, which fund shall be dedicated to community groups

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 07, 2012	print number 7276b
Sep 07, 2012	amend and recommit to judiciary
Aug 03, 2012	print number 7276a
Aug 03, 2012	amend (t) and recommit to judiciary
May 08, 2012	to attorney-general for opinion
May 02, 2012	referred to judiciary

Bill Amendments

Original

B (Active)

2011-S7276 - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §9, Constn
Versions Introduced in Other Legislative Sessions:: 2013-2014: S330
2015-2016: S941
2017-2018: S1275

2011-S7276 - Summary

Authorizes a lottery game for a community grant fund, which fund shall be dedicated to community groups organized pursuant to paragraph three or four of subdivision (c) of section five hundred one of the internal revenue code of nineteen hundred eighty-six, as amended, administering educational, recreational, cultural, senior, veterans or social services programs or providing volunteer ambulance services.

2011-S7276 - Sponsor Memo

                                BILL NUMBER:S7276

TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution, in
relation to authorizing a lottery game for a community grant fund, which
fund shall be dedicated to community groups administering educational,
recreational, cultural or senior programs

SUMMARY OF PROVISIONS:

Article 1, Section 9 of the State Constitution would be amended to
allow for an additional exception to the prohibition on all gambling
to include the creation of a separate lottery game the proceeds of
which shall be applied exclusively to a community grant fund to be
created by such legislation, which fund shall be dedicated to
community groups administering educational, recreational, cultural or
senior programs as authorized and prescribed by the legislature.

EXISTING LAW:

Article 1, Section 9 of the State Constitution generally proscribes
all gambling except for four exceptions. These four exceptions are:
(1) pari-mutuel wagering on horse racing; (2) State lotteries; (3)
bingo conducted by certain charitable, non-profit and religious

organizations; and (4) games of chance conducted by these same
charitable, non-profit, and religious organizations.

JUSTIFICATION:

A constitutional amendment is required before a separate lottery game
may be created whose proceeds would be used to exclusively fund a
"Community Grant Fund" program that would in turn be dedicated to
community groups administering educational, recreational, cultural or
senior programs.

Since 2010, the executive branch of the state has ceased any
allocation of discretionary funds that could be used to fund local
programs in legislators' districts. The loss of these funds has
placed tremendous financial burden on local groups that have relied
on this supportive funding to provide vital community programs to the
state's residents. This loss is on top of already draconian budget
cuts that occurred in 2011 and the loss of private funding sources
that began to disappear as a result of the national economic crises
in 2002.

Community programs have been left in the cold in their efforts to
provide educational, recreational, cultural and senior programs to
communities that have relied on those services for years. This
includes things like senior centers, youth sports programs like
Little League, afterschool programs and many, many other important
community based programs.


The new lottery game proceeds that will be dedicated to the "Community
Grant Fund" will enable these important community programs to
continue to operate.

The state government cannot keep asking our citizens to bear the
tremendous burden of cuts in services to due state budget deficits
and simultaneously remove funding sources that are depended upon by
local community groups that often step in to fill the void left when
state government services are reduced or eliminated.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

If agreed by the Senate and the Assembly, the amendment will 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.

2011-S7276 - Bill Text download pdf

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

                                  7276

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 9 of article 1 of the constitution, in
  relation to authorizing a lottery game for  a  community  grant  fund,
  which fund shall be dedicated to community groups administering educa-
  tional, recreational, cultural or senior programs

  Section  1.  Resolved  (if the Assembly concur), That subdivision 1 of
section 9 of article 1  of  the  constitution  be  amended  to  read  as
follows:
  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, EXCEPT THAT THE LEGISLATURE MAY ENACT LEGISLATION AUTHOR-
IZING  THE  CREATION  OF  A  SEPARATE LOTTERY GAME THE PROCEEDS OF WHICH
SHALL BE APPLIED EXCLUSIVELY TO A COMMUNITY GRANT FUND TO BE CREATED  BY
SUCH  LEGISLATION,  WHICH  FUND  SHALL  BE DEDICATED TO COMMUNITY GROUPS
ADMINISTERING EDUCATIONAL, RECREATIONAL, CULTURAL OR SENIOR PROGRAMS, 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,  shall
hereafter  be  authorized or allowed within this state; and the legisla-
ture shall pass appropriate laws to prevent offenses against any of  the
provisions of this section.
  S  2.  Resolved (if the Assembly 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.

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

                      [ ] is old law to be omitted.
                                                           LBD89158-01-2

2011-S7276A - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §9, Constn
Versions Introduced in Other Legislative Sessions:: 2013-2014: S330
2015-2016: S941
2017-2018: S1275

2011-S7276A - Summary

2011-S7276A - Sponsor Memo

                                BILL NUMBER:S7276A

TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 9 of article 1 of the constitution, in relation to authoriz-
ing a lottery game for a community grant fund, which fund shall be dedi-
cated to certain community groups

SUMMARY OF PROVISIONS:

Article 1, Section 9 of the State Constitution would be amended to allow
for an additional exception to the prohibition on all gambling to
include the creation of a separate lottery game the proceeds of which
shall be applied exclusively to a community grant fund to be created by
such legislation, which fund shall be dedicated to community groups
administering educational, recreational, cultural, senior or veterans
programs or providing volunteer ambulance services as authorized and
prescribed by the legislature.

EXISTING LAW:

Article 1, Section 9 of the State Constitution generally proscribes all
gambling except for four exceptions. These four exceptions are:  (1)
pari-mutuel wagering on horse racing; (2) State lotteries; (3) bingo
conducted by certain charitable, non-profit and religious organizations;

and (4) games of chance conducted by these same charitable, non-profit,
and religious organizations.

JUSTIFICATION:

A constitutional amendment is required before a separate lottery game
may be created whose proceeds would be used to exclusively fund a
"Community Grant Fund" program that would in turn be dedicated to commu-
nity groups administering educational, recreational, cultural, senior or
veterans programs or providing volunteer ambulance services.

Since 2010, the executive branch of the state has ceased any allocation
of discretionary funds that could be used to fund local programs in
legislators' districts. The loss of these funds has placed tremendous
financial burden on local groups that have relied on this supportive
funding to provide vital community programs to the state's residents.
This loss is on top of already draconian budget cuts that occurred in
2011 and the loss of private funding sources that began to disappear as
a result of the national economic crises in 2008.

Community programs have been left in the cold in their efforts to
provide educational, recreational, cultural, senior or veterans programs
or providing volunteer ambulance services to communities that have
relied on those services for years. This includes things like senior

centers, youth sports programs like Little League, afterschool programs
and many, many other important community based programs.

The new lottery game proceeds that will be dedicated to the "Community
Grant Fund" will enable these important community programs to continue
to operate.

The state government cannot keep asking our citizens to bear the tremen-
dous burden of cuts in services to due state budget deficits and simul-
taneously remove funding sources that are depended upon by local commu-
nity groups that often step in to fill the void left when state
government services are reduced or eliminated.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

If agreed by the Senate and the Assembly, the amendment will be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.

2011-S7276A - Bill Text download pdf

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

                                 7276--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 9 of article 1 of the constitution, in
  relation  to  authorizing  a  lottery game for a community grant fund,
  which fund shall be dedicated to certain community groups

  Section 1. Resolved (if the Assembly concur), That  subdivision  1  of
section  9  of  article  1  of  the  constitution  be amended to read as
follows:
  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, EXCEPT THAT THE LEGISLATURE MAY ENACT LEGISLATION AUTHOR-
IZING THE CREATION OF A SEPARATE LOTTERY  GAME  THE  PROCEEDS  OF  WHICH
SHALL  BE APPLIED EXCLUSIVELY TO A COMMUNITY GRANT FUND TO BE CREATED BY
SUCH LEGISLATION, WHICH FUND SHALL  BE  DEDICATED  TO  COMMUNITY  GROUPS
ORGANIZED  PURSUANT  TO  PARAGRAPH  THREE  OR FOUR OF SUBDIVISION (C) OF
SECTION FIVE HUNDRED ONE  OF  THE  INTERNAL  REVENUE  CODE  OF  NINETEEN
HUNDRED EIGHTY-SIX, AS AMENDED, ADMINISTERING EDUCATIONAL, RECREATIONAL,
CULTURAL,  SENIOR  OR VETERANS PROGRAMS OR PROVIDING VOLUNTEER AMBULANCE
SERVICES, 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,  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.

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

                                                           LBD89158-02-2

S. 7276--A                          2

  S  2.  Resolved (if the Assembly 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.

2011-S7276B (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §9, Constn
Versions Introduced in Other Legislative Sessions:: 2013-2014: S330
2015-2016: S941
2017-2018: S1275

2011-S7276B (ACTIVE) - Summary

2011-S7276B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7276B

TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 9 of article 1 of the constitution, in relation
to authorizing a lottery game for a community grant fund, which fund
shall be dedicated to certain community groups

SUMMARY OF PROVISIONS:

Article 1, Section 9 of the State Constitution would be amended to
allow for an additional exception to the prohibition on all gambling
to include the creation of a separate lottery game the proceeds of
which shall be applied exclusively to a community grant fund to be
created by such legislation, which fund shall be dedicated to
community groups administering educational, recreational, cultural,
senior, veterans or social service programs or providing volunteer
ambulance services as authorized and prescribed by the legislature.

EXISTING LAW:

Article 1, Section 9 of the State Constitution generally proscribes
all gambling except for four exceptions. These four exceptions are:
(1) pari-mutuel wagering on horse racing; (2) State lotteries; (3)
bingo conducted by certain charitable, non-profit and religious

organizations; and (4) games of chance conducted by these same
charitable, non-profit, and religious organizations.

JUSTIFICATION:

A constitutional amendment is required before a separate lottery game
may be created whose proceeds would be used to exclusively fund a
"Community Grant Fund" program that would in turn be dedicated to
community groups administering educational, recreational, and
cultural, senior, veterans or social services programs or providing
volunteer ambulance services.

Since 2010, the executive branch of the state has ceased any
allocation of discretionary funds that could be used to fund local
programs in legislators' districts. The loss of these funds has placed
tremendous financial burden on local groups that have relied on this
supportive funding to provide vital community programs to the state's
residents. This loss is on top of already draconian budget cuts that
occurred in 2011 and the loss of private funding sources that began to
disappear as a result of the national economic crises in 2008.

Community programs have been left in the cold in their efforts to
provide educational, recreational, cultural, senior or veterans
programs or providing volunteer ambulance services to communities that
have relied on those services for years. This includes things like
senior centers, youth sports programs like Little League.  afterschool
programs and many. many other important community based programs.


The new lottery game proceeds that will be dedicated to the "Community
Grant Fund" will enable these important community programs to continue
to operate.

The state government cannot keep asking our citizens to bear the
tremendous burden of cuts in services to due state budget deficits and
simultaneously remove funding sources that are depended upon by local
community groups that often step in to fill the void left when state
government services are reduced at eliminated.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

If agreed by the Senate and the Assembly, the amendment will 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.

2011-S7276B (ACTIVE) - Bill Text download pdf

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

                                 7276--B

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 9 of article 1 of the constitution, in
  relation to authorizing a lottery game for  a  community  grant  fund,
  which fund shall be dedicated to certain community groups

  Section  1.  Resolved  (if the Assembly concur), That subdivision 1 of
section 9 of article 1  of  the  constitution  be  amended  to  read  as
follows:
  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, EXCEPT THAT THE LEGISLATURE MAY ENACT LEGISLATION AUTHOR-
IZING  THE  CREATION  OF  A  SEPARATE LOTTERY GAME THE PROCEEDS OF WHICH
SHALL BE APPLIED EXCLUSIVELY TO A COMMUNITY GRANT FUND TO BE CREATED  BY
SUCH  LEGISLATION,  WHICH  FUND  SHALL  BE DEDICATED TO COMMUNITY GROUPS
ORGANIZED PURSUANT TO PARAGRAPH THREE OR  FOUR  OF  SUBDIVISION  (C)  OF
SECTION  FIVE  HUNDRED  ONE  OF  THE  INTERNAL  REVENUE CODE OF NINETEEN
HUNDRED EIGHTY-SIX, AS AMENDED, ADMINISTERING EDUCATIONAL, RECREATIONAL,
CULTURAL, SENIOR, VETERANS OR  SOCIAL  SERVICES  PROGRAMS  OR  PROVIDING
VOLUNTEER  AMBULANCE  SERVICES,  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, 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.

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

                      [ ] is old law to be omitted.
                                                           LBD89158-04-2

S. 7276--B                          2

  S 2. Resolved (if the Assembly 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.

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