Authorizes and limits casino gambling in the county of Sullivan; provides that amounts offered as prizes for games shall be subject to the approval of the legislature which periodically shall revise prize levels as it deems necessary.

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S3326-2011 Actions

• Feb 8, 2012: OPINION REFERRED TO JUDICIARY
• Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jan 4, 2012: REFERRED TO JUDICIARY
• Feb 18, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Feb 16, 2011: REFERRED TO JUDICIARY

S3326-2011 Memo

BILL NUMBER:S3326

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 and limiting casino gambling in Sullivan county

PURPOSE OR GENERAL IDEA OF BILL:
To permit the construction and operation of no more than three
privately owned casinos in Sullivan County and to expand allowable
forms of gambling.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 9 of article 1 of the Constitution to
authorize by the Legislature for up to three privately owned casinos
in Sullivan County and expands wagering permitted at those casinos to
include all forms of gambling unusually associated with casinos,
including pari-mutuel betting on horse races, as well as wagering on
professional sports provided that such authorizations shall be
preceded by local approval, resulting from passage of a single
county-wide referendum.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The State Constitution prohibits gambling of any kind unless
specifically permitted by an amendment.

JUSTIFICATION:
The Catskill region is in dire need of economic revitalization of its
once thriving tourism industry. Although the Legislature authorized
the construction and operation of three Native American Tribal
casinos in Sullivan and Ulster Counties in 2001 to spur economic
growth, none have materialized. Therefore, it is time for the
Legislature to authorize the construction and operation of casinos by
other than Native American Tribal entrepreneurs to create the
economic stimulus and job creation the region so desperately needs.

This Concurrent resolution will allow the construction and operation
of three casinos in Sullivan County and will assist in revitalizing
the Catskill region's economy.

LEGISLATIVE HISTORY:
S.633 of 2009: Referred to Senate Judiciary Committee

FISCAL IMPLICATIONS:
None.

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.

S3326-2011 Text

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

                                    3326

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 16, 2011
                                 ___________

  Introduced  by  Sen. BONACIC -- 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 and limiting casino gambling in Sullivan coun-
    ty

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

    S  9.  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 FOR NO MORE
  THAN THREE PRIVATELY OWNED CASINOS WHICH MAY BE AUTHORIZED BY THE LEGIS-
  LATURE  FOR OPERATIONS IN SULLIVAN COUNTY, IN A MANNER PRESCRIBED BY THE
  LEGISLATURE FOR OFFERING AND CONDUCTING GAMING, WHICH MAY INCLUDE  GAMES
  OF  CHANCE,  SLOT  MACHINES AND CARD AND BOARD GAMES COMMONLY AND TRADI-
  TIONALLY OFFERED AT CASINOS,  AND  INCLUDING  WAGERING  ON  PROFESSIONAL
  SPORTS  AND PARI-MUTUEL WAGERING ON HORSE RACING, PROVIDED HOWEVER, THAT
  SUCH AUTHORIZATIONS SHALL BE PRECEDED BY LOCAL APPROVAL, RESULTING  FROM
  PASSAGE  OF A SINGLE COUNTY-WIDE REFERENDUM OFFERED PURSUANT TO APPLICA-
  BLE STATE AND COUNTY LAWS, THE PROCEEDS OF WHICH SHALL BE DISTRIBUTED AT
  THE DIRECTION OF THE LEGISLATURE WHICH MAY FROM TIME TO TIME REVISE  THE
  DISTRIBUTION  FORMULAS,  PROVIDED HOWEVER, THAT IN NO EVENT SHALL SHARES
  TO ANY LOCAL GOVERNMENTS BE LESS THAN REASONABLE, AS DETERMINED  BY  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89032-01-1

 S. 3326                             2

  LEGISLATURE,  TO  OFFSET  COSTS  ATTRIBUTABLE  TO  THE CONDUCT OF CASINO
  GAMING, 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.
    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
  of any such organization shall participate in the management  or  opera-
  tion  of such game; and (4) no person shall receive any remuneration for
  participating in the management or operation of  any  such  game.    THE
  AMOUNTS  TO  BE OFFERED AS PRIZES FOR SUCH GAMES SHALL BE SUBJECT TO THE
  APPROVAL OF THE LEGISLATURE WHICH FROM TIME TO TIME SHALL  REVISE  PRIZE
  LEVELS  AS IT DETERMINES NECESSARY TO KEEP PRIZE LEVELS COMPETITIVE WITH
  THOSE OFFERED AT COMPARABLE VENUES. 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 regu-
  lated to prevent commercialized gambling, prevent participation by crim-
  inal and other undesirable elements and the diversion of funds from  the
  purposes  authorized hereunder and establish a method by which a munici-
  pality which has authorized  such  games  may  rescind  or  revoke  such
  authorization.  Unless  permitted  by  the  legislature, no municipality
  shall have the power to pass local laws or ordinances relating  to  such
  games.  Nothing in this section shall prevent the legislature from pass-
  ing laws more restrictive than any of the provisions of this section.
    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.