Bill S2411-2013

Authorizes gambling on professional sporting events

Authorizes gambling on professional sporting events.

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  • Feb 15, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 23, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 17, 2013: REFERRED TO JUDICIARY

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2411 2013-2014 Regular Sessions IN SENATE 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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