Bill Text: NY S05426 | 2011-2012 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-01-09 - TO ATTORNEY-GENERAL FOR OPINION [S05426 Detail]

Download: New_York-2011-S05426-Introduced.html
                           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
    1    Section 1. Resolved (if the Assembly concur), That section 9 of  arti-
    2  cle  1  of  the constitution be amended by adding a new subdivision 3 to
    3  read as follows:
    4    3.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ANY COUNTY WITHIN
    5  THE STATE HAVING A POPULATION OF LESS THAN FIVE HUNDRED THOUSAND MAY, BY
    6  AN APPROVING VOTE OF THE MAJORITY OF QUALIFIED ELECTORS IN  SUCH  COUNTY
    7  VOTING  ON  A  PROPOSITION  THEREFOR  SUBMITTED  AT A GENERAL OR SPECIAL
    8  ELECTION,  AUTHORIZE,  SUBJECT  TO  STATE  LEGISLATIVE  SUPERVISION  AND
    9  CONTROL, THE CONDUCT OF GAMES OF CHANCE NOT PROVIDED FOR IN SUBDIVISIONS
   10  ONE  OR  TWO  OF THIS SECTION IN FACILITIES THAT BOTH CONDUCT LIVE HORSE
   11  RACING AND ACCEPT PARI-MUTUEL WAGERING ON  HORSE  RACING  AS  AUTHORIZED
   12  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION. NO SUCH AUTHORIZATION IS
   13  VALID WHERE PRECLUDED BY A PRIOR NEGOTIATED AND APPROVED COMPACT BETWEEN
   14  THE STATE AND SOVEREIGN INDIAN NATION. THE STATE SHALL DERIVE A  REASON-
   15  ABLE REVENUE FOR THE SUPPORT OF GOVERNMENT FROM GAMES AUTHORIZED BY THIS
   16  SUBDIVISION.  IN  ADDITION, A PORTION OF THE PROCEEDS FROM GAMES AUTHOR-
   17  IZED BY THIS SUBDIVISION SHALL BE APPLIED TO OR IN  AID  OR  SUPPORT  OF
   18  PROGRAMS  TO  PROMOTE THE COMMUNITY DEVELOPMENT OF THE COUNTY AND REGION
   19  AND SERVICES FOR AND TREATMENT OF PERSONS ADDICTED TO GAMBLING.   UNLESS
   20  PERMITTED  BY  STATE LAW, NO COUNTY SHALL HAVE THE POWER TO PASS LAWS OR
   21  OTHERWISE REGULATE GAMES AUTHORIZED PURSUANT TO  THIS  SUBDIVISION.  THE
   22  LEGISLATURE  SHALL PASS APPROPRIATE LAWS TO ESTABLISH AND MAINTAIN THEIR
   23  SUPERVISION AND CONTROL OF THE CONDUCT OF  GAMES  OF  CHANCE  AUTHORIZED
   24  PURSUANT  TO THIS SECTION, INCLUDING BUT NOT LIMITED TO LAWS TO DESCRIBE
   25  THE GAMES OF CHANCE THAT MAY BE CONDUCTED, TO PREVENT  OFFENSES  AGAINST
   26  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
    1  THIS  SUBDIVISION,  TO PREVENT PARTICIPATION BY CRIMINAL AND OTHER UNDE-
    2  SIRABLE ELEMENTS, TO PREVENT THE DIVERSION OF FUNDS  FROM  THE  PURPOSES
    3  AUTHORIZED  HEREUNDER,  AND  TO ESTABLISH A METHOD BY WHICH A COUNTY MAY
    4  RESCIND OR REVOKE THE AUTHORIZATION PROVIDED FOR IN THIS SUBDIVISION.
    5    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
    6  be referred to the first regular legislative session convening after the
    7  next succeeding general election of members of  the  assembly,  and,  in
    8  conformity  with  section  1  of  article  19  of  the  constitution, be
    9  published for 3 months previous to the time of such election.
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