assembly Bill A9049B

2015-2016 Legislative Session

Relates to allowing certain interactive poker games

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 print number 9049b
amend and recommit to racing and wagering
May 11, 2016 print number 9049a
amend and recommit to racing and wagering
Jan 19, 2016 referred to racing and wagering

A9049 - Details

See Senate Version of this Bill:
S5302D
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
Versions Introduced in 2013-2014 Legislative Session:
A9591A, S6913A

A9049 - Summary

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.

A9049 - Bill Text download pdf

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

                                  9049

                          I N  A S S E M B L Y

                            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:

  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
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.

A9049A - Details

See Senate Version of this Bill:
S5302D
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
Versions Introduced in 2013-2014 Legislative Session:
A9591A, S6913A

A9049A - Summary

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.

A9049A - Bill Text download pdf

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

                                 9049--A

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing 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
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.

A9049B (ACTIVE) - Details

See Senate Version of this Bill:
S5302D
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
Versions Introduced in 2013-2014 Legislative Session:
A9591A, S6913A

A9049B (ACTIVE) - Summary

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.

A9049B (ACTIVE) - Bill Text download pdf

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

                                 9049--B

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Racing and Wagering  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, 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

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

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