S6734-2011 Actions

• Mar 14, 2012: SUBSTITUTED BY A9556
• Mar 14, 2012: ORDERED TO THIRD READING CAL.367
• Mar 14, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Mar 14, 2012: REFERRED TO RULES

S6734-2011 Meetings

S6734-2011 Calendars

S6734-2011 Votes

S6734-2011 Memo

BILL NUMBER:S6734

TITLE OF BILL:

CONCURRENT  RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to subdivision 1 of section 9 of  article  1  of  the  constitution,  in
relation to casino gambling in the state

PURPOSE:

Provides for the authorization of commercial casino gambling in New York
State.

SUMMARY OF PROVISIONS:

Article 1, Section 9 of the State Constitution would be amended to allow
no  more than seven casinos as authorized and prescribed by the legisla-
ture.

EXISTING LAW:

Article 1, Section 9 of the State Constitution generally proscribes  all
gambling  except  for  four  exceptions. These four exceptions are:  (1)
pari-mutuel wagering on horse racing; (2)  State  lotteries;  (3)  bingo
conducted by certain charitable, non-profit and religious organizations;
and  (4) games of chance conducted by these same charitable, non-profit,
and religious organizations.

JUSTIFICATION:

Casino gaining has significant potential to be a major  economic  engine
for New York State and the fact is that gaming already exists throughout
the  State  but  the  State  is unable to fully capitalize on it. Native
Americans have five casinos and there are nine racinos at the racetracks
in New York State. In fact, New York State  now  has  more  than  29,000
electronic  gambling  machines  - More than Atlantic City, and more than
any state in the Northeast or Midwest.

New York State is also surrounded by gambling. States and Canadian prov-
inces just across the State's borders have legalized casino gambling and
they are the beneficiaries of the tourism, revenue, and good  jobs  that
could be in New York.

It  is estimated that over $1 billion of economic activity can be gener-
ated from casino gaming and passing  a  Constitutional  amendment  would
allow  New  York  to maximize opportunities. Limiting casino gambling to
between three and eight facilities  guarantees  there  will  not  be  an
excessive proliferation of casinos within New York State.

LEGISLATIVE HISTORY:

Over  the  past  40  years, numerous resolutions have been introduced to
amend the Constitution in New York State to authorize commercial  casino
gambling.  None  of  these  proposals  have achieved the required second
passage by the legislature and have never been subject to a vote of  the
electorate.  In 2011, Assembly Bill No.3293/Senate Bill No. 3326, Assem-
bly Bill No. 3605/Senate Bill No. 3327, and Assembly Bill No. 6753  were
introduced  to  authorize  casino gambling. None of the bills were acted
on.

BUDGET IMPLICATIONS:

There are no immediate  budget  implications  since  the  Constitutional
amendment  cannot  go  into  effect until January 1, 2014. Future budget
implications would depend on the enabling legislation that would  accom-
pany passage of the amendment.

EFFECTIVE DATE:

Constitutional amendments require the passage of a concurrent resolution
by  two  separately  elected Legislatures and subsequent approval by the
voters. As a result, the amendment could not take effect  until  January
1, 2014.

S6734-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6734
 I N  SENATE
 March 14, 2012
 
 Introduced by Sen. BONACIC -- (at request of the Governor) -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Rules
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing an amendment to subdivision 1 of section 9 of article 1 of the
 constitution, in relation to casino gambling in the state
 

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  CASINO
 GAMBLING  AT  NO MORE THAN SEVEN FACILITIES AS AUTHORIZED AND 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.
 

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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89143-05-2

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