Senate Bill S8353

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

                                  8353

                            I N  S E N A T E

                              June 25, 2010
                               ___________

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

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 9 of article 1 of the constitution, in
  relation to authorizing certain social card games

  Section 1. Resolved (if the Assembly concur), That section 9 of  arti-
cle 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, 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; (C) SOCIAL  CARD  GAMES  AS  DETERMINED  BY  THE

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

                      [ ] is old law to be omitted.
                                                           LBD89194-01-0

S. 8353                             2

LEGISLATURE. 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  operation  of  such
game; and (4) no person shall receive any remuneration for participating
in  the  management  or  operation  of  any  such game. 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 effec-
tuate the purposes of this  subdivision,  ensure  that  such  games  are
rigidly  regulated  to  prevent commercialized gambling, prevent partic-
ipation by criminal and other undesirable elements and the diversion  of
funds  from  the purposes authorized hereunder and establish a method by
which a municipality which has authorized  such  games  may  rescind  or
revoke such authorization. Unless permitted by the legislature, no muni-
cipality  shall have the power to pass local laws or ordinances relating
to such games. Nothing in this section  shall  prevent  the  legislature
from  passing  laws  more restrictive than 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.