Senate Bill S8119A

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

                                  8119

                            I N  S E N A T E

                              June 9, 2010
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 applying certain gaming funds in New York state to  commu-
  nity development

  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 IN A MANNER
AS  PRESCRIBED  BY  THE  LEGISLATURE FOR OFFERING AND CONDUCTING GAMING,
WHICH MAY INCLUDE BUT IS NOT LIMITED TO THE FOLLOWING: GAMES OF  CHANCE,
ANY  CARD GAMES OF CHANCE, ELECTRONIC OR ELECTROMECHANICAL FACSIMILES OF
ANY GAMES OF  CHANCE,  AND  SLOT  MACHINES  COMMONLY  AND  TRADITIONALLY
OFFERED  AT  CASINOS;  PROVIDED HOWEVER THE FACILITY CONDUCTS LIVE HORSE
RACING AND ACCEPTS PARI-MUTUEL WAGERING ON HORSE RACING AND IS WITHIN  A
COUNTY  HAVING  A  POPULATION LESS THAN FIVE HUNDRED THOUSAND AND NOT SO
PRECLUDED BY A PRIOR NEGOTIATED COMPACT BETWEEN THE STATE AND  SOVEREIGN
INDIAN  NATION;  PROVIDED  HOWEVER,  THAT  SUCH  AUTHORIZATIONS SHALL BE
PRECEDED  BY  LOCAL  APPROVAL,  RESULTING  FROM  PASSAGE  OF  A   SINGLE
COUNTY-WIDE  REFERENDUM  OFFERED PURSUANT TO APPLICABLE STATE AND COUNTY
LAWS, FURTHER PROVIDED THAT UNLESS  PERMITTED  BY  THE  LEGISLATURE,  NO
MUNICIPALITY  SHALL  HAVE  THE POWER TO REGULATE SUCH GAMES OF CHANCE OR
SLOT MACHINES IF SUCH ARE AUTHORIZED PURSUANT  TO  THIS  SUBDIVISION.  A

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

                      [ ] is old law to be omitted.
                                                           LBD89206-02-0

S. 8119                             2

PORTION,  TO BE DETERMINED BY THE LEGISLATURE, OF THE PROCEEDS FROM SUCH
GAMES OF CHANCE AND SLOT MACHINES SHALL BE  APPLIED  TO  OR  IN  AID  OR
SUPPORT OF PROGRAMS TO PROMOTE THE COMMUNITY DEVELOPMENT OF THE LOCALITY
AND  REGION, SERVICES FOR AND TREATMENT OF PERSONS ADDICTED TO GAMBLING,
AND FOR SUPPORT OF STATE AND LOCAL GOVERNMENT, PROVIDED HOWEVER, THAT IN
NO EVENT SHALL SHARES 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 with-
in this state; and  the  legislature  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.