S T A T E   O F   N E W   Y O R K
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                                   219

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. GUNTHER
  -- read once and referred to the Committee on Racing and Wagering

            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 Senate concur), That section 9 of article
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89004-01-9

A. 219                              2

REASONABLE,  AS DETERMINED BY THE LEGISLATURE, TO OFFSET COSTS ATTRIBUT-
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 Senate 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.