S T A T E O F N E W Y O R K
________________________________________________________________________
8313
I N S E N A T E
April 30, 2018
___________
Introduced by Sen. GRIFFO -- 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 subdivision 2 of section 9 of article 1 of the
constitution, in relation to the operation of games of chance
Section 1. Resolved (if the Assembly concur), That subdivision 2 of
section 9 of article 1 of the constitution be amended to read as
follows:
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. 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
OR EMPLOYEE of any such organization shall participate in the management
or operation of such game; and (4) no person shall receive any remunera-
tion for participating in the management or operation of any such game,
EXCEPT WHEN AN EMPLOYEE OF SUCH ORGANIZATION, WHO IS COMPENSATED FOR
WORK UNRELATED TO THE MANAGEMENT OR OPERATION OF GAMES OF CHANCE,
PARTICIPATES 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89141-01-8
S. 8313 2
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.
§ 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 three months previous to the time of such election.