Bill S5426-2011

Constitutional amendment relating to gaming in New York state

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.

Details

Actions

  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • May 24, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • May 19, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S5426

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: To permit the construction and operation of casinos.

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

LEGISLATIVE HISTORY: 2010: A.11600 - Judiciary Committee/S.8119-A Passed Senate

FISCAL IMPLICATIONS: 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5426 2011-2012 Regular Sessions IN SENATE May 19, 2011 ___________
Introduced by Sens. GRIFFO, 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. 5426 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus