Bill Text: NY S01439 | 2021-2022 | 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: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO RACING, GAMING AND WAGERING [S01439 Detail]

Download: New_York-2021-S01439-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1439

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 12, 2021
                                       ___________

        Introduced  by  Sen. ADDABBO -- 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 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     2  ing law is REPEALED.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.
                                                                   LBD05856-01-1
        S. 1439                             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.