NY State Senate Bill 2011-S5426

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2012	to attorney-general for opinion
Jan 04, 2012	referred to judiciary
May 24, 2011	to attorney-general for opinion
May 19, 2011	referred to judiciary

co-Sponsors

2011-S5426 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 1 §9, Constn
Versions Introduced in 2009-2010 Legislative Session:: S8119

2011-S5426 (ACTIVE) - Summary

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.

2011-S5426 (ACTIVE) - Sponsor 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.

2011-S5426 (ACTIVE) - Bill Text download pdf

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

                                  5426

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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.

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Senate Bill S5426

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2011-S5426 (ACTIVE) - Details

2011-S5426 (ACTIVE) - Summary

2011-S5426 (ACTIVE) - Sponsor Memo

2011-S5426 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5426

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Eric Adams

Catharine Young

2011-S5426 (ACTIVE) - Details

2011-S5426 (ACTIVE) - Summary

2011-S5426 (ACTIVE) - Sponsor Memo

2011-S5426 (ACTIVE) - Bill Text download pdf

Comments