senate Bill S6913A

2013-2014 Legislative Session

Relates to allowing certain interactive poker games

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2014 print number 6913a
amend and recommit to racing, gaming and wagering
Mar 28, 2014 referred to racing, gaming and wagering

Co-Sponsors

S6913 - Details

See Assembly Version of this Bill:
A9591A
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Add Art 14 §§1400 - 1405, RWB L; amd §225.00, add §225.36, Pen L

S6913 - Summary

Allows certain interactive poker games that are consider to be 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.

S6913 - Sponsor Memo

S6913 - Bill Text download pdf

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

                                  6913

                            I N  S E N A T E

                             March 28, 2014
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Racing, Gaming and  Wager-
  ing

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:

  Section  1.  The  racing,  pari-mutuel  wagering  and breeding law, is
amended by adding a new article 14 to read as follows:
                               ARTICLE 14
                           INTERACTIVE GAMING
SECTION 1400. LEGISLATIVE FINDINGS AND PURPOSE.
        1401. DEFINITIONS.
        1402. AUTHORIZATION.
        1403. REQUIRED SAFEGUARDS/MINIMUM STANDARDS.
        1404. SCOPE OF LICENSING REVIEW.
        1405. STATE TAX.
  S 1400. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
AND DECLARES THAT: 1. UNDER THE NEW YORK PENAL LAW A PERSON  ENGAGES  IN
GAMBLING  WHEN  HE  OR  SHE  STAKES OR RISKS SOMETHING OF VALUE UPON THE
OUTCOME OF A CONTEST OF CHANCE OR A FUTURE CONTINGENT  EVENT  NOT  UNDER
HIS OR HER CONTROL OR INFLUENCE, UPON AN AGREEMENT OR UNDERSTANDING THAT
HE  OR  SHE  WILL  RECEIVE  SOMETHING OF VALUE IN THE EVENT OF A CERTAIN
OUTCOME.
  2. A CONTEST OF CHANCE IS DEFINED AS ANY CONTEST, GAME, GAMING  SCHEME
OR  GAMING DEVICE IN WHICH THE OUTCOME DEPENDS IN A MATERIAL DEGREE UPON
AN ELEMENT OF CHANCE, NOTWITHSTANDING THAT SKILL OF THE CONTESTANTS  MAY
ALSO  BE A FACTOR THEREIN. (SUBDIVISION 1 OF SECTION 225.00 OF THE PENAL
LAW). THUS, GAMES OF CHANCE MAY INVOLVE SOME SKILL, BUT IN  THOSE  GAMES
THE  LEVEL  OF  SKILL  DOES  NOT DETERMINE THE OUTCOME REGARDLESS OF THE
DEGREE OF SKILL EMPLOYED. SEE PEOPLE V. TURNER, 165 MISC. 2D  222,  224,
629  N.Y.S.2D  661,  662  (CRIM.  CT.  1995). ON THE OTHER HAND, WHERE A
CONTEST PITS THE SKILL LEVELS OF THE PLAYERS  AGAINST  EACH  OTHER,  NEW
YORK COURTS HAVE FOUND A GAME TO BE ONE OF SKILL RATHER THAN CHANCE. SEE

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

Co-Sponsors

S6913A (ACTIVE) - Details

See Assembly Version of this Bill:
A9591A
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Add Art 14 §§1400 - 1405, RWB L; amd §225.00, add §225.36, Pen L

S6913A (ACTIVE) - Summary

Allows certain interactive poker games that are consider to be 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.

S6913A (ACTIVE) - Sponsor Memo

S6913A (ACTIVE) - Bill Text download pdf

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

                                 6913--A

                            I N  S E N A T E

                             March 28, 2014
                               ___________

Introduced  by  Sens. BONACIC, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Racing,  Gaming
  and  Wagering -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

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:

  Section 1. The racing,  pari-mutuel  wagering  and  breeding  law,  is
amended by adding a new article 14 to read as follows:
                               ARTICLE 14
                           INTERACTIVE GAMING
SECTION 1400. LEGISLATIVE FINDINGS AND PURPOSE.
        1401. DEFINITIONS.
        1402. AUTHORIZATION.
        1403. REQUIRED SAFEGUARDS/MINIMUM STANDARDS.
        1404. SCOPE OF LICENSING REVIEW.
        1405. STATE TAX.
  S 1400. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
AND  DECLARES  THAT: 1. UNDER THE NEW YORK PENAL LAW A PERSON ENGAGES IN
GAMBLING WHEN HE OR SHE STAKES OR RISKS  SOMETHING  OF  VALUE  UPON  THE
OUTCOME  OF  A  CONTEST OF CHANCE OR A FUTURE CONTINGENT EVENT NOT UNDER
HIS OR HER CONTROL OR INFLUENCE, UPON AN AGREEMENT OR UNDERSTANDING THAT
HE OR SHE WILL RECEIVE SOMETHING OF VALUE IN  THE  EVENT  OF  A  CERTAIN
OUTCOME.
  2.  A CONTEST OF CHANCE IS DEFINED AS ANY CONTEST, GAME, GAMING SCHEME
OR GAMING DEVICE IN WHICH THE OUTCOME DEPENDS IN A MATERIAL DEGREE  UPON
AN  ELEMENT OF CHANCE, NOTWITHSTANDING THAT SKILL OF THE CONTESTANTS MAY
ALSO BE A FACTOR THEREIN. (SUBDIVISION 1 OF SECTION 225.00 OF THE  PENAL
LAW).  THUS,  GAMES OF CHANCE MAY INVOLVE SOME SKILL, BUT IN THOSE GAMES
THE LEVEL OF SKILL DOES NOT DETERMINE  THE  OUTCOME  REGARDLESS  OF  THE
DEGREE  OF  SKILL EMPLOYED. SEE PEOPLE V. TURNER, 165 MISC. 2D 222, 224,
629 N.Y.S.2D 661, 662 (CRIM. CT. 1995).  ON  THE  OTHER  HAND,  WHERE  A
CONTEST  PITS  THE  SKILL  LEVELS OF THE PLAYERS AGAINST EACH OTHER, NEW

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

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