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Assembly Bill A3490

2023-2024 Legislative Session

Relates to interactive fantasy sports contests; repealer

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Archive: Last Bill Status - In Assembly Committee

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2023-A3490 (ACTIVE) - Details

Current Committee:
Assembly Racing And Wagering
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Rpld §1412, add §1413, RWB L; amd §225.00, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7264
2025-2026: A6085

2023-A3490 (ACTIVE) - Summary

Repeals provisions prohibiting the conduct of unregistered interactive fantasy sports contests; provides that interactive fantasy sports contests are not considered a contest of chance constituting a gambling offense under the penal law.

2023-A3490 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3490
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 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 interactive fantasy sports contests; and
   to  repeal  certain provisions of the racing, pari-mutuel wagering and
   breeding law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1412 of the racing, pari-mutuel wagering and breed-
 ing law is REPEALED.
   §  2.  The racing, pari-mutuel wagering and breeding law is amended by
 adding a new section 1413 to read as follows:
   § 1413. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH,  SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID AND  AFTER  EXHAUSTION  OF  ALL  FURTHER  JUDICIAL
 REVIEW,  THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAIN-
 DER THEREOF, BUT SHALL BE CONFINED  IN  ITS  OPERATION  TO  THE  CLAUSE,
 SENTENCE,  PARAGRAPH,  SECTION OR PART OF THIS ARTICLE DIRECTLY INVOLVED
 IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   § 3. Subdivision 1 of section 225.00 of the penal law is  amended  and
 two new subdivisions 30 and 31 are added to read as follows:
   1.  "Contest  of  chance"  means  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. AN INTERACTIVE FANTASY SPORTS CONTEST IS NOT A
 CONTEST OF CHANCE.
   30. "INTERACTIVE FANTASY SPORTS CONTEST" SHALL MEAN A  GAME  OF  SKILL
 WHEREIN  ONE  OR  MORE  CONTESTANTS  COMPETE AGAINST EACH OTHER BY USING
 THEIR KNOWLEDGE AND UNDERSTANDING OF ATHLETIC  EVENTS  AND  ATHLETES  TO
 SELECT AND MANAGE ROSTERS OF SIMULATED PLAYERS WHOSE PERFORMANCE DIRECT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08341-01-3
 A. 3490                             2

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