Constitutional amendment relating to gaming in New York state

1 Co-sponsor

• Diane J. Savino

BILL NUMBER:S8119A

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 or general idea of bill

To permit the construction and operation of casinos.

Summary of specific provisions

* Would allow for casino gaming at facilities that met the following criteria:

o In a county with a population less than 500,000 o The facility accepts pari-mutual wagering and hosts live horse racing o will not be applicable to those regions prohibited by applicable Native American compacts o Home Rule o Would have a home rule requirement, which mandates a county-wide referendum o Revenue applications o Development of local economy o Also offset costs to local economy of operating casino o Fire/police/etc. o Fund treatment of persons addicted to gambling o 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.

Prior legislative history

No prior history.

Fiscal implications for state and local government

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.