Senate Bill S3708

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

                                  3708

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

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 authorizing gambling on professional sporting events

  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 AT BETTING FACILITIES LOCATED AT  THOROUGH-
BRED  AND  HARNESS  RACETRACKS  OPERATING IN THIS STATE AND IN SIMULCAST
THEATERS OPERATED BY OFF-TRACK BETTING CORPORATIONS AS MAY BE PRESCRIBED
BY THE LEGISLATURE, 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.  WITH RESPECT TO
WAGERING  ON PROFESSIONAL SPORTING EVENTS AS HEREINABOVE PROVIDED, AFTER
PAYMENT OF WINNING BETS, THE NET PROCEEDS  FROM  SUCH  WAGERS  SHALL  BE
DISTRIBUTED  IN A FAIR AND EQUITABLE MANNER:  FIRST, TO THE OPERATORS OF
THE THOROUGHBRED AND HARNESS RACETRACK OR THE OFF-TRACK  BETTING  CORPO-
RATION OPERATING THE TELETHEATER AT WHICH THE WAGERING WAS CONDUCTED FOR
PAYMENT  OF  THEIR  NECESSARY  EXPENSES,  SECOND  TO  THE  STATE FOR ITS

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

                                                           LBD89098-01-1

S. 3708                             2

EXPENSES IN OVERSEEING AND ADMINISTERING THE PERTINENT PROVISIONS OF LAW
RELATING TO SUCH WAGERING, AND THIRD TO PROVIDE REAL PROPERTY TAX RELIEF
TO RESIDENTIAL REAL  PROPERTY  TAXPAYERS  IN  THE  REGIONS  WHEREIN  THE
THOROUGHBRED  OR HARNESS RACETRACK OR TELETHEATER IS LOCATED, INCLUDING,
BUT  NOT  LIMITED  TO  COUNTIES,  CITIES,  TOWNS,  VILLAGES  AND  SCHOOL
DISTRICTS,  PROVIDED,  HOWEVER,  THAT SUCH AMOUNTS SHALL ONLY BE USED TO
REDUCE THE AMOUNT A REAL PROPERTY TAXPAYER WOULD BE REQUIRED TO  PAY  IN
REAL  PROPERTY TAXES WERE THE NET REVENUES FROM SUCH WAGERS NOT REALIZED
AND AVAILABLE FOR THIS PURPOSE.
  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.