senate Bill S2411

2013-2014 Legislative Session

Authorizes gambling on professional sporting events

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 15, 2013 opinion referred to judiciary
Jan 23, 2013 to attorney-general for opinion
Jan 17, 2013 referred to judiciary

S2411 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 1 ยง9, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3708
2009-2010: S6061

S2411 - Bill Texts

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Authorizes gambling on professional sporting events.

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BILL NUMBER:S2411

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To permit wagering on professional sporting events at thoroughbred and
harness racetracks and off track betting simulcast theaters
(teletheaters) throughout New York.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 9 of article 1 of the Constitution to
authorize by the Legislature for thoroughbred and harness tracks and
off track betting simulcast theaters to be able to accept wagering on
professional sporting events.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The State Constitution prohibits gambling of any kind unless
specifically permitted by an amendment.

JUSTIFICATION:
As New York grapples with the effects of the "Great Recession",
revenue to the state has plummeted, effecting the level of services
provided to the citizenry. This is compounded with the raising of
taxes and fees to stem the developing budget gaps. Estimates of
illegal sports betting in the United States vary widely, but range as
high as $380 billion a year, according to the National Gaming Impact
Study Commission. By legalizing and regulating such wagering New York
can tap into a lucrative and steady revenue stream paid out to the
State and local municipalities, thus alleviating onerous property
taxes while providing aid to education and relief to our highly taxed
citizenry.

This Concurrent resolution will allow the wagering on professional
sporting events at thoroughbred and harness racetracks and off track
betting simulcast theaters and will assist in revitalizing the
State's economy.

LEGISLATIVE HISTORY:
2010: S.6061 Held in Judiciary

FISCAL IMPLICATIONS:
No negative implications.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), that the foregoing amendments 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.

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

                                  2411

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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.
                                                           LBD89071-01-3

S. 2411                             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.

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