Bill S3327-2011

Authorizes and limits casino gambling in the county of Sullivan

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

Details

Actions

  • Feb 8, 2012: OPINION REFERRED TO JUDICIARY
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Feb 18, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 16, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S3327

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.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 9 of article I 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, 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.634 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3327 2011-2012 Regular Sessions IN 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 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 REFEREN- DUM OFFERED PURSUANT TO APPLICABLE 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 HOWEV- ER, THAT IN NO EVENT SHALL SHARES TO ANY LOCAL GOVERNMENTS BE LESS THAN REASONABLE, AS DETERMINED BY THE LEGISLATURE, TO OFFSET COSTS ATTRIBUT- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89033-01-1 S. 3327 2 ABLE 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.

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