senate Bill S2476

Signed by Governor

Relates to definitions for gambling offenses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 21 / Jan / 2011
    • REFERRED TO CODES
  • 01 / Mar / 2011
    • 1ST REPORT CAL.114
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 07 / Mar / 2011
    • PASSED SENATE
  • 07 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 07 / Mar / 2011
    • REFERRED TO CODES
  • 10 / Mar / 2011
    • SUBSTITUTED FOR A2982
  • 10 / Mar / 2011
    • ORDERED TO THIRD READING CAL.87
  • 10 / Mar / 2011
    • PASSED ASSEMBLY
  • 10 / Mar / 2011
    • RETURNED TO SENATE
  • 15 / Mar / 2011
    • DELIVERED TO GOVERNOR
  • 25 / Mar / 2011
    • SIGNED CHAP.8

Summary

Relates to definitions for gambling offenses.

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Bill Details

See Assembly Version of this Bill:
A2982
Versions:
S2476
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd §225.00, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3562A, A7393A
2007-2008: S6440, A9286

Sponsor Memo

BILL NUMBER:S2476

TITLE OF BILL:
An act
to amend the penal law, in relation to amending the definitions for
gambling offenses

PURPOSE OR GENERAL IDEA OF BILL:
To clarify the definition of gambling to make clear that coin-operated
amusement machines that provide an extra ball, time or game does not
constitute "something of value" and is, per se, "gambling".

SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends § 225.00, subdivisions
7-a and 8 of the Penal Law to delete
from the definition of "something of value" those sections which
merely provide extra time or extra game or an additional ball on
amusement machines.

JUSTIFICATION:
It appears that the 1987 amendment (57-a) intended to anticipate that
all video games, even those for amusement, would be converted into
gambling devices. In his "Practice Commentary" to McKinney's Penal Law
Article 225, William C. Donnino says:

"To the extent the legislation sought to draw a distinction between
coin operated amusement or video games and the coin operated gambling
devise, it is questionable whether it succeeded. The same legislation
amended the definition of "slot machine" to exclude from that
definition a machine which based to a "material degree" on the skill
of the player, awards the successful player only a free or extended
play. Had that amendment been made to the generic definition of
"gambling device," a clearer distinction between all "gambling
devices" and coin operated amusement and video games would have been
achieved.

As the law stands, whether the video games which "factor in a player's
skill" and award a free or extended play are excluded from the
definition of a "coin operated gambling device" depends on an
interpretation of the definitions of "contest of chance" and
"something of value". Both definitions are critical to the definition
of "gambling" which in turn is critical to the definition of
"gambling device." See matter of Plato's Cave Corp. State Liquor
Authority, supra (the playing of a Joker Poker machine that permitted
a winning player to play additional games without charge constituted
gambling); Bubba Restaurant, Inc. v. N.Y.S. Liquor Authority, 1990,
160 A.D.2d 539, 554 N.Y.S.2d 189 (a "Broadway" video game machine
that rewards a winning player with additional games free of charge
was a "gambling device.")

Classical amusement machines do not eject any money. Before 1987, the
player would insert coins to play and depending on his or her skill
receive an extra pinball, game as additional time to play the game.
No money or slip of paper is ejected to "reward" the player
regardless of skill.


Repeat of the language, the subject of the amendment would rejuvenate
the amusement machine industry in New York. Presently, the industry
is stifled from purchasing amusement machines available in most states.

PRIOR LEGISLATIVE HISTORY:
2008 Veto 112
2010 A.7393

FISCAL IMPLICATIONS:
Possible increased sales tax from new amusement machine purchases.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2476                                                  A. 2982

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M.
  of A. LAVINE, SCHIMMINGER -- read once and referred to  the  Committee
  on Codes

AN  ACT  to amend the penal law, in relation to amending the definitions
  for gambling offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 7-a and 8 of section 225.00 of the penal law,
subdivision 7-a as added and subdivision 8 as amended by chapter 632  of
the laws of 1987, are amended to read as follows:
  7-a.  A  "coin operated gambling device" means a gambling device which
operates as a result of the insertion of something of  value.  A  device
designed,  constructed  or readily adaptable or convertible for such use
is a coin operated gambling device notwithstanding the fact that it  may
require  adjustment, manipulation or repair in order to operate as such.
A MACHINE WHICH AWARDS FREE OR EXTENDED PLAY IS NOT  A  GAMBLING  DEVICE
MERELY  BECAUSE  SUCH  FREE OR EXTENDED PLAY MAY CONSTITUTE SOMETHING OF
VALUE PROVIDED THAT THE OUTCOME DEPENDS UPON THE SKILL OF THE PLAYER AND
NOT IN A MATERIAL DEGREE UPON AN ELEMENT OF CHANCE.
  8. "Slot machine" means a gambling device which, as a  result  of  the
insertion  of  a coin or other object, operates, either completely auto-
matically or with the aid of some physical act by the  player,  in  such
manner  that,  depending upon elements of chance, it may eject something
of value. A device so constructed, or readily adaptable  or  convertible
to  such  use,  is  no  less a slot machine because it is not in working
order or because some  mechanical  act  of  manipulation  or  repair  is
required to accomplish its adaptation, conversion or workability. Nor is
it  any  less a slot machine because, apart from its use or adaptability

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08034-01-1

S. 2476                             2                            A. 2982

as such, it may also sell or deliver something of value on a basis other
than chance.  A machine which sells items of merchandise  which  are  of
equivalent value, is not a slot machine merely because such items differ
from  each  other in composition, size, shape or color. [A machine which
awards free or extended play is not a slot machine merely  because  such
free  or  extended  play may constitute something of value provided that
the outcome depends in a material degree upon the skill  of  the  player
and not in a material degree upon an element of chance.]
  S 2. This act shall take effect immediately.

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