Bill Text: NY A09049 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows certain interactive poker games be considered games of skill rather than games of luck; includes definitions, authorization, required safeguards and minimum standards, the scope of licensing review and state tax implications; makes corresponding penal law amendments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-09 - print number 9049b [A09049 Detail]

Download: New_York-2015-A09049-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9049
                   IN ASSEMBLY
                                    January 19, 2016
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering
        AN ACT to amend the racing, pari-mutuel wagering and  breeding  law  and
          the penal law, in relation to allowing certain interactive poker games
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
     2  amended by adding a new article 14 to read as follows:
     3                                 ARTICLE 14
     4                             INTERACTIVE GAMING
     5  Section 1400. Legislative findings and purpose.
     6          1401. Definitions.
     7          1402. Authorization.
     8          1403. Required safeguards/minimum standards.
     9          1404. Scope of licensing review.
    10          1405. State tax.
    11    § 1400. Legislative findings and purpose. The legislature hereby finds
    12  and  declares  that: 1. Under the New York penal law a person engages in
    13  gambling when he or she stakes or risks  something  of  value  upon  the
    14  outcome  of  a  contest of chance or a future contingent event not under
    15  his or her control or influence, upon an agreement or understanding that
    16  he or she will receive something of value in  the  event  of  a  certain
    17  outcome.
    18    2.  A contest of chance is defined as any contest, game, gaming scheme
    19  or gaming device in which the outcome depends in a material degree  upon
    20  an  element of chance, notwithstanding that skill of the contestants may
    21  also be a factor therein. (Subdivision 1 of section 225.00 of the  penal
    22  law).  Thus,  games of chance may involve some skill, but in those games
    23  the level of skill does not determine  the  outcome  regardless  of  the
    24  degree  of  skill employed. See People v. Turner, 165 Misc. 2d 222, 224,
    25  629 N.Y.S.2d 661, 662 (Crim. Ct. 1995).  On  the  other  hand,  where  a
    26  contest  pits  the  skill  levels of the players against each other, New
    27  York courts have found a game to be one of skill rather than chance. See
    28  People v. Hunt, 162 Misc. 2d 70, 72, 616 N.Y.S.2d 168,  170  (Crim.  Ct.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02917-08-6