S T A T E O F N E W Y O R K
________________________________________________________________________
6753
2011-2012 Regular Sessions
I N A S S E M B L Y
March 28, 2011
___________
Introduced by M. of A. TENNEY -- 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 casino gambling in the state
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; AND except as hereinafter provided, no lottery or the sale
of lottery tickets, pool-selling, book-making, or any other kind of
gambling, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89119-01-1
A. 6753 2
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. 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 regulated to prevent commercialized gambling, prevent
participation by criminal and other undesirable elements and the diver-
sion 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 legisla-
ture, no municipality shall have the power to pass local laws or ordi-
nances 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.
3. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, GAMES OF
CHANCE, ANY CARD GAMES OF CHANCE, ELECTRONIC OR ELECTROMECHANICAL
FACSIMILES OF ANY GAMES OF CHANCE MAY BE CONDUCTED OR OPERATED, AND SLOT
MACHINES MAY BE OPERATED IN PRIVATELY OWNED AND OPERATED LAND-BASED
CASINOS WITHIN ANY COUNTY WITHIN THE STATE, AS MAY BE AUTHORIZED AND
PRESCRIBED BY THE LEGISLATURE, BUT ONLY IF APPROVED BY COUNTY REFERENDUM
AS A SEPARATE QUESTION, PLACED UPON THE BALLOT BY A MAJORITY VOTE OF THE
COUNTY LEGISLATIVE BODY PURSUANT TO COUNTY LAW, IN THE COUNTY IN WHICH
SUCH GAMES OF CHANCE AND SLOT MACHINES ARE TO BE AUTHORIZED; PROVIDED,
HOWEVER, THAT IN ANY COUNTY WHOLLY ENCOMPASSED BY A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, AS MAY BE AUTHORIZED AND PRESCRIBED BY
THE LEGISLATURE, BUT ONLY IF APPROVED BY A REFERENDUM AS A SEPARATE
QUESTION IN THE COUNTY IN WHICH SUCH GAMES OF CHANCE AND SLOT MACHINES
ARE TO BE AUTHORIZED. UNLESS PERMITTED BY THE LEGISLATURE, NO MUNICI-
PALITY SHALL HAVE THE POWER TO REGULATE SUCH GAMES OF CHANCE OR SLOT
MACHINES IF SUCH ARE AUTHORIZED PURSUANT TO THIS PARAGRAPH. A 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, THE RACING AND BREEDING INDUSTRY IN NEW YORK STATE, SERVICES FOR
AND TREATMENT OF PERSONS ADDICTED TO GAMBLING, AND FOR SUPPORT OF STATE
AND LOCAL GOVERNMENT.
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, to be
published for 3 months previous to the time of such election.