Bill Text: NY A05245 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the operation of games of chance by employees of authorized organizations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-14 - opinion referred to judiciary [A05245 Detail]

Download: New_York-2019-A05245-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
        Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
          Committee on Racing and Wagering
        proposing an amendment to subdivision 2 of section 9 of article 1 of the
          constitution, in relation to the operation of games of chance
     1    Section 1. Resolved (if the Senate  concur),  That  subdivision  2  of
     2  section  9  of  article  1  of  the  constitution  be amended to read as
     3  follows:
     4    2. Notwithstanding the foregoing provisions of this section, any city,
     5  town or village within the state may by an approving vote of the majori-
     6  ty of the qualified electors in such municipality voting on  a  proposi-
     7  tion  therefor  submitted  at  a  general or special election authorize,
     8  subject to state legislative supervision and control, the conduct of one
     9  or both of the following categories of games of  chance  commonly  known
    10  as:  (a)  bingo  or  lotto,  in which prizes are awarded on the basis of
    11  designated numbers or symbols on a card conforming to numbers or symbols
    12  selected at random; (b) games in which prizes are awarded on  the  basis
    13  of  a  winning  number or numbers, color or colors, or symbol or symbols
    14  determined by chance from among those  previously  selected  or  played,
    15  whether  determined  as the result of the spinning of a wheel, a drawing
    16  or otherwise by chance. If authorized, such games shall  be  subject  to
    17  the  following restrictions, among others which may be prescribed by the
    18  legislature: (1) only bona  fide  religious,  charitable  or  non-profit
    19  organizations  of veterans, volunteer firefighter and similar non-profit
    20  organizations shall be permitted to conduct such games; (2)  the  entire
    21  net  proceeds  of  any  game  shall be exclusively devoted to the lawful
    22  purposes of such organizations; (3) no person except a bona fide  member
    23  or employee of any such organization shall participate in the management
    24  or operation of such game; and (4) no person shall receive any remunera-
    25  tion  for participating in the management or operation of any such game,
    26  except when an employee of such organization,  who  is  compensated  for
    27  work  unrelated  to  the  management  or  operation  of games of chance,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5245                             2
     1  participates in the management or operation of any such  game.    Unless
     2  otherwise  provided  by  law,  no  single prize shall exceed two hundred
     3  fifty dollars, nor shall any series of prizes on one occasion  aggregate
     4  more  than  one thousand dollars. The legislature shall pass appropriate
     5  laws to effectuate the purposes of this subdivision,  ensure  that  such
     6  games  are rigidly regulated to prevent commercialized gambling, prevent
     7  participation by criminal and other undesirable elements and the  diver-
     8  sion  of  funds  from  the purposes authorized hereunder and establish a
     9  method by which a municipality  which  has  authorized  such  games  may
    10  rescind  or  revoke such authorization. Unless permitted by the legisla-
    11  ture, no municipality shall have the power to pass local laws  or  ordi-
    12  nances relating to such games. Nothing in this section shall prevent the
    13  legislature   from  passing  laws  more  restrictive  than  any  of  the
    14  provisions of this section.
    15    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    16  referred  to  the  first regular legislative session convening after the
    17  next succeeding general election of members of  the  assembly,  and,  in
    18  conformity  with  section  1  of  article  19  of  the  constitution, be
    19  published for three months previous to the time of such election.