Assembly Bill A5245

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5245
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
   Committee on Racing and Wagering
 
             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 Senate  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89104-01-9

 A. 5245                             2
 
 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
 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 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, be
 published for three months previous to the time of such election.