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

                                  9346

                          I N  A S S E M B L Y

                            February 22, 2012
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee 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 authorizing certain gambling games

  Section 1. RESOLVED (if the Senate concur), That section 9 of  article
1  of  the constitution be amended by adding a new subdivision 3 to read
as follows:
  3. NOTWITHSTANDING THE  FOREGOING  PROVISIONS  OF  THIS  SECTION,  THE
LEGISLATURE SHALL PERMIT GAMBLING IN THE FORM OF GAMES OF CHANCE, GAMBL-
ING  GAMES OR TABLE GAMES, PLAYED BY MEANS OF CARDS OR DICE, BY MEANS OF
ANY MECHANICAL, ELECTRONIC OR  ELECTROMECHANICAL  EQUIPMENT,  DEVICE  OR
MACHINE  OR  BY  ANY OTHER MEANS, AT LEAST INCLUDING BUT NOT LIMITED TO,
POKER OF ANY KIND, BLACKJACK, CRAPS, ROULETTE,  SLOT  MACHINES  AND  ANY
OTHER  GAMES  WHERE  THE  OUTCOME  MAY  BE  DETERMINED BY SKILL OR LUCK;
PROVIDED THAT SUCH GAMES MAY ONLY BE CONDUCTED BY AN ENTITY WHICH, ON OR
BEFORE SEPTEMBER FIRST, TWO THOUSAND ELEVEN, WAS LICENSED BY LAW THEN IN
EFFECT TO CONDUCT VIDEO LOTTERY GAMING AND ONLY UPON  THE  PREMISES,  OR
UPON  PREMISES  CONTIGUOUS TO THE PREMISES, WHERE SUCH VIDEO LOTTERY WAS
SO AUTHORIZED TO BE CONDUCTED. THE NET PROCEEDS  DERIVED  BY  THE  STATE
FROM  SUCH  GAMES  OF  CHANCE,  GAMBLING  GAMES  OR TABLE GAMES SHALL BE
APPLIED EXCLUSIVELY TO OR IN AID OR SUPPORT OF EDUCATION IN  THIS  STATE
AS  THE  LEGISLATURE  MAY  PRESCRIBE.  NO COUNTY, CITY, TOWN, VILLAGE OR
OTHER POLITICAL SUBDIVISION OF THE STATE SHALL EITHER HAVE THE POWER  TO
PASS LOCAL LAWS OR ORDINANCES RELATING TO SUCH GAMES OR BE AUTHORIZED TO
IMPOSE, LEVY OR COLLECT A TAX OR FEE ON ADMISSION TICKETS TO THE FACILI-
TIES  WHERE  SUCH GAMES ARE CONDUCTED, ON WAGERS MADE BY PATRONS OF SUCH
FACILITY, OR ON REVENUES RETAINED BY THE ENTITIES OPERATING SUCH FACILI-
TIES.
  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 three months previous to the time of such election.

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

                                                           LBD89146-01-2