Relates to gaming in New York state and applying certain proceeds from such gaming to the community development in the locality or region in which such gaming occurs.

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S3706-2011 Actions

• May 9, 2011: RECOMMIT, ENACTING CLAUSE STRICKEN
• Apr 27, 2011: OPINION REFERRED TO JUDICIARY
• Mar 3, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Mar 2, 2011: REFERRED TO JUDICIARY

S3706-2011 Memo

BILL NUMBER:S3706

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 applying certain gaming funds in New York state to
community development

PURPOSE OR GENERAL IDEA OF BILL:

To permit the construction and operation of casinos.

SUMMARY OF SPECIFIC PROVISIONS:

* Would allow for casino gaming at facilities that met the following
criteria:
o In a county with a population less than 500,000
o The facility accepts para-mutual wagering and hosts live horse racing
o Will not be applicable to those regions prohibited by applicable
Native American compacts
o Home Rule
o Would have a home rule requirement, which mandates a county-wide
referendum
o Revenue applications
o Development of local economy
o Also offset costs to local economy of operating casino
o Fire/police/etc.
o Fund treatment of persons addicted to gambling
o Provide revenue to State and local government

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

- This amendment would provide for up to five privately owned and
operated casinos: one in the in the counties of Saratoga, Oneida,
Tioga and two in the county of Sullivan.

JUSTIFICATION:

- To create jobs and otherwise stimulate the state and local economy by
the expansion of gaming, which has not occurred as a result of the
failure to act upon legislation passed in October, 2001, and conferred
the authority for Native American tribes to operate up to three
casinos in Sullivan and Ulster counties. None are in operation or
even under construction.

- Given that the critical economic development intended for the
Catskill Region by the legislature during 2001, has not materialized
--- there are no casinos in operation --- the time has come
for the legislature
to authorize the construction and operation of casinos by
other-than-tribal entrepreneurs. Such action requires an amendment to

the state constitution which prohibits gambling of any kind unless
specifically permitted by that document.

- This resolution is presented for passage by the legislature as the
required first step in the process of amending the state
constitution. A second passage and public approval must follow for
this proposed change to be adopted.

PRIOR LEGISLATIVE HISTORY:

2010: A.11600/S.8119-A Passed Senate

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None at this time.

EFFECTIVE DATE:

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.

S3706-2011 Text

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

                                    3706

                         2011-2012 Regular Sessions

                              I N  SENATE

                                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 applying certain gaming funds in New York state to  commu-
    nity development

    Section  1. Resolved (if the Assembly concur), That section 9 of arti-
  cle 1 of the constitution be amended by adding a new  subdivision  3  to
  read as follows:

    3.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY COUNTY WITHIN
  THE STATE HAVING A POPULATION OF LESS THAN FIVE HUNDRED THOUSAND MAY, BY
  AN  APPROVING  VOTE OF THE MAJORITY OF QUALIFIED ELECTORS IN SUCH COUNTY
  VOTING ON A PROPOSITION THEREFOR  SUBMITTED  AT  A  GENERAL  OR  SPECIAL
  ELECTION,  AUTHORIZE,  SUBJECT  TO  STATE  LEGISLATIVE  SUPERVISION  AND
  CONTROL, THE CONDUCT OF GAMES OF CHANCE NOT PROVIDED FOR IN SUBDIVISIONS
  ONE OR TWO OF THIS SECTION IN FACILITIES THAT BOTH  CONDUCT  LIVE  HORSE
  RACING  AND  ACCEPT  PARI-MUTUEL  WAGERING ON HORSE RACING AS AUTHORIZED
  PURSUANT TO SUBDIVISION ONE OF THIS SECTION. NO  SUCH  AUTHORIZATION  IS
  VALID WHERE PRECLUDED BY A PRIOR NEGOTIATED AND APPROVED COMPACT BETWEEN
  THE  STATE AND SOVEREIGN INDIAN NATION. THE STATE SHALL DERIVE A REASON-
  ABLE REVENUE FOR THE SUPPORT OF GOVERNMENT FROM GAMES AUTHORIZED BY THIS
  SUBDIVISION. IN ADDITION, A PORTION OF THE PROCEEDS FROM  GAMES  AUTHOR-
  IZED  BY  THIS  SUBDIVISION  SHALL BE APPLIED TO OR IN AID OR SUPPORT OF
  PROGRAMS TO PROMOTE THE COMMUNITY DEVELOPMENT OF THE COUNTY  AND  REGION
  AND  SERVICES FOR AND TREATMENT OF PERSONS ADDICTED TO GAMBLING.  UNLESS
  PERMITTED BY STATE LAW, NO COUNTY SHALL HAVE THE POWER TO PASS  LAWS  OR
  OTHERWISE  REGULATE  GAMES  AUTHORIZED PURSUANT TO THIS SUBDIVISION. THE
  LEGISLATURE SHALL PASS APPROPRIATE LAWS TO ESTABLISH AND MAINTAIN  THEIR
  SUPERVISION  AND  CONTROL  OF  THE CONDUCT OF GAMES OF CHANCE AUTHORIZED
  PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO LAWS TO  DESCRIBE
  THE  GAMES  OF CHANCE THAT MAY BE CONDUCTED, TO PREVENT OFFENSES AGAINST
  ANY OF THE PROVISIONS OF THIS SUBDIVISION, TO EFFECTUATE THE PURPOSES OF

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89099-01-1

 S. 3706                             2

  THIS SUBDIVISION, TO PREVENT PARTICIPATION BY CRIMINAL AND  OTHER  UNDE-
  SIRABLE  ELEMENTS,  TO  PREVENT THE DIVERSION OF FUNDS FROM THE PURPOSES
  AUTHORIZED HEREUNDER, AND TO ESTABLISH A METHOD BY WHICH  A  COUNTY  MAY
  RESCIND OR REVOKE THE AUTHORIZATION PROVIDED FOR IN THIS SUBDIVISION.
    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.