senate Bill S331

Authorizes gambling on professional sporting events and athletic events sponsored by universities or colleges

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 06 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 21 / Feb / 2014
    • OPINION REFERRED TO JUDICIARY

Summary

Authorizes gambling on professional sporting events and athletic events sponsored by universities or colleges at betting facilities located at thoroughbred and harness racetracks operating in this state, in simulcast theaters operated by off-track betting corporations and in any constitutionally authorized casino facility; provides that the proceeds of such gambling be applied exclusively to or in aid or support of education.

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Bill Details

See Assembly Version of this Bill:
A867
Versions:
S331
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 ยง9, Constn
Versions Introduced in 2011-2012 Legislative Cycle:
S7401A, A10464A, S7401A

Sponsor Memo

BILL NUMBER:S331

TITLE OF BILL: REVISED 12/10/12

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution, in
relation to authorizing gambling on professional sporting events
and athletic events sponsored by universities or colleges

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
authorizing wagering on professional and collegiate sporting events
at betting facilities located at horse racing tracks, simulcast
theaters operated by off-track betting corporations and in any
constitutionally authorized casino facility as may be prescribed by
the legislature, the net proceeds of which shall be applied
exclusively to or in aid or support of education.

EXISTING LAW:

Article 1, Section 9 of the State Constitution generally proscribes an
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:

Legalizing professional sports betting in New York would be an
opportunity to diminish a serious organized crime enterprise and
provide critical funds for education.

According to the New York State District Attorney's Offices in both
Kings and Queens Counties, illegal sports betting generates more than
$380 billion a year nationwide, and approximately $38 billion a year
in New York City alone. While our law enforcement agencies do their
best to stop this criminal industry, it is an extremely lucrative
criminal enterprise for organized crime and one that has grown
steadily over the past 3 decades. State regulation of professional
sports betting would drastically reduce profits for organized crime
as was the intent of the New York State Legislature in 1982 when it
sought to achieve similar goals in creating Off~ Track Betting. In
addition, strong gaming control regulations would help to abate any
concerns regarding game fixing and other potential abuses.

Furthermore, if the state were to legalize and regulate this industry
it would provide a tremendous source of revenue that could be used to
provide much needed funding for various services, such as education.
One estimate from The Partnership for New York City, suggests the
city of New York could receive as much as $1.9 billion a year in
revenue if professional sports gambling were permitted in the current
locations where gambling in authorized in the state. This amount would
then increase with the recently proposed casino facilities.


Finally, the thrust of this legislation is regulation, not promotion.

While there are legitimate concerns related to the social challenges
that arise from problem gambling, this activity already exists on a
nationwide level and certainly within this state. The illegal
organizations that are unlawfully benefitting from this industry are
certainly not concerned with addressing these challenges and instead
benefit from them. If New York were to allow professional and
collegiate sports betting the money received by the state could be
used to support education related programs that are designed to
address these social challenges as well as providing much needed
revenue to support education in general.

LEGISLATIVE HISTORY:

2011-12: S.7401A

FISCAL IMPLICATIONS:

Significant revenue potential for state.

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.

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

                                   331

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 gambling on professional sporting  events  and
  athletic events sponsored by universities or colleges

  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,  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 WAGERING ON
PROFESSIONAL  SPORTING EVENTS AND ATHLETIC EVENTS SPONSORED BY UNIVERSI-
TIES OR COLLEGES AT  BETTING  FACILITIES  LOCATED  AT  THOROUGHBRED  AND
HARNESS  RACETRACKS OPERATING IN THIS STATE, IN SIMULCAST THEATERS OPER-
ATED BY OFF-TRACK  BETTING  CORPORATIONS  AND  IN  ANY  CONSTITUTIONALLY
AUTHORIZED CASINO FACILITY, AS MAY BE 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,
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.
                                                           LBD89040-01-3

S. 331                              2

  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred the to 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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