NY State Senate Bill 2009-S3562

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	print number 3562a
Jun 15, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Mar 24, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-S3562 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §225.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S2476

2009-S3562 - Summary

Relates to definitions for gambling offenses.

2009-S3562 - Sponsor Memo

                                 BILL NUMBER:  S3562

 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(6) and (7-a) 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 (§7-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. YS. Liquor Authority, 1990, 160 A.D.2d
539, 554 N. YS.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.

Repeal 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

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

 EFFECTIVE DATE :
Immediately.

2009-S3562 - Bill Text download pdf

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

                                  3562

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 24, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed 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 6 and 7-a of section 225.00 of the penal  law,
subdivision 7-a as added by chapter 632 of the laws of 1987, are amended
to read as follows:
  6. "Something of value" means any money or property, any token, object
or  article  exchangeable for money or property, [or any form of credit]
or promise directly or indirectly contemplating  transfer  of  money  or
property  [or  of  any  interest  therein,  or  involving extension of a
service, entertainment or a privilege of playing at  a  game  or  scheme
without charge].
  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.]
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06724-02-9

2009-S3562A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §225.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S2476

2009-S3562A (ACTIVE) - Summary

Relates to definitions for gambling offenses.

2009-S3562A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3562A

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(6) and (7-a) 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 (§7-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

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

EFFECTIVE DATE:
Immediately.

2009-S3562A (ACTIVE) - Bill Text download pdf

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

                                 3562--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 24, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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
as such, it may also sell or deliver something of value on a basis other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06724-06-0

S. 3562--A                          2

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3562

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S3562 - Details

2009-S3562 - Summary

2009-S3562 - Sponsor Memo

2009-S3562 - Bill Text download pdf

2009-S3562A (ACTIVE) - Details

2009-S3562A (ACTIVE) - Summary

2009-S3562A (ACTIVE) - Sponsor Memo

2009-S3562A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3562

Senate Bill S3562

Share this bill

Sponsored By

Craig M. Johnson

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2009-S3562 - Details

2009-S3562 - Summary

2009-S3562 - Sponsor Memo

2009-S3562 - Bill Text download pdf

2009-S3562A (ACTIVE) - Details

2009-S3562A (ACTIVE) - Summary

2009-S3562A (ACTIVE) - Sponsor Memo

2009-S3562A (ACTIVE) - Bill Text download pdf

Comments