S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1455
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. BLANKENBUSH, DeSTEFANO, BRABENEC, MILLER, McDO-
   NOUGH, SMULLEN, TAGUE -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89050-01-3
 A. 1455                             2
 
 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
 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.