NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1455
SPONSOR: Blankenbush TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to subdivision 2 of section 9 of article 1 of the constitution, in
relation to the operation of games of chance
PURPOSE OR GENERAL IDEA OF BILL:
To allow employees of authorized organizations such as the American
Legion to participate in the management of games of chance.
SUMMARY OF SPECIFIC PROVISIONS:
Currently, only members of the American Legion or members of the Auxil-
iary or Sons of American Legion, if they have their ID numbers, can sell
tickets for games of chance. This amendment would allow employees of the
licensed authorized organization, its auxiliary or affiliated organiza-
tion to participate in the operation of such game. No person other than
an employee would receive any remuneration for participating in the
management or operation of any such game.
JUSTIFICATION:
The age of the average member of organizations such as the American
Legion and Veterans of Foreign Wars has increased dramatically in recent
years. This has necessitated the hiring of employees who are not members
to assist in the daily running of these organizations to perform jobs
such as bartending. Tickets for games of chance are regularly sold at
such organizations as a means of fundraising and since only members are
allowed to sell these tickets, when a member is not available, they
cannot be sold.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Resolved (if the concur), That the forgoing 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 three
months previous to the time of such election.
STATE OF NEW YORK
________________________________________________________________________
1455
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BLANKENBUSH, DeSTEFANO, BRABENEC, MILLER, McDO-
NOUGH, SMULLEN, TAGUE -- read once and referred to the Committee on
Racing and Wagering
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89050-01-3
A. 1455 2
1 work unrelated to the management or operation of games of chance,
2 participates in the management or operation of any such game. Unless
3 otherwise provided by law, no single prize shall exceed two hundred
4 fifty dollars, nor shall any series of prizes on one occasion aggregate
5 more than one thousand dollars. The legislature shall pass appropriate
6 laws to effectuate the purposes of this subdivision, ensure that such
7 games are rigidly regulated to prevent commercialized gambling, prevent
8 participation by criminal and other undesirable elements and the diver-
9 sion of funds from the purposes authorized hereunder and establish a
10 method by which a municipality which has authorized such games may
11 rescind or revoke such authorization. Unless permitted by the legisla-
12 ture, no municipality shall have the power to pass local laws or ordi-
13 nances relating to such games. Nothing in this section shall prevent the
14 legislature from passing laws more restrictive than any of the
15 provisions of this section.
16 § 2. Resolved (if the Senate concur), That the foregoing amendment be
17 referred to the first regular legislative session convening after the
18 next succeeding general election of members of the assembly, and, in
19 conformity with section 1 of article 19 of the constitution, be
20 published for three months previous to the time of such election.
