Bill Text: NY A03490 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to racing and wagering [A03490 Detail]

Download: New_York-2023-A03490-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3490

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Section 1412 of the racing, pari-mutuel wagering and breed-
     2  ing law is REPEALED.
     3    §  2.  The racing, pari-mutuel wagering and breeding law is amended by
     4  adding a new section 1413 to read as follows:
     5    § 1413. Severability. If any clause, sentence, paragraph,  section  or
     6  part  of this article shall be adjudged by any court of competent juris-
     7  diction to be invalid and  after  exhaustion  of  all  further  judicial
     8  review,  the judgment shall not affect, impair or invalidate the remain-
     9  der thereof, but shall be confined  in  its  operation  to  the  clause,
    10  sentence,  paragraph,  section or part of this article directly involved
    11  in the controversy in which the judgment shall have been rendered.
    12    § 3. Subdivision 1 of section 225.00 of the penal law is  amended  and
    13  two new subdivisions 30 and 31 are added to read as follows:
    14    1.  "Contest  of  chance"  means  any  contest, game, gaming scheme or
    15  gaming device in which the outcome depends in a material degree upon  an
    16  element  of  chance,  notwithstanding  that skill of the contestants may
    17  also be a factor therein. An interactive fantasy sports contest is not a
    18  contest of chance.
    19    30. "Interactive fantasy sports contest" shall mean a  game  of  skill
    20  wherein  one  or  more  contestants  compete against each other by using
    21  their knowledge and understanding of athletic  events  and  athletes  to
    22  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

     1  ly  corresponds  with  the  actual  performance  of human competitors on
     2  sports teams and in sports events.
     3    31. Notwithstanding any definition to the contrary, interactive fanta-
     4  sy  sports  contests shall not constitute gambling within the meaning of
     5  this article.
     6    § 4. This act shall take effect immediately.