Legislative Information - LBDC Page 1 of
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 4
BELL WUSER: 96092
the per
ation ar any fantasy oF simslation sports game oF educa~
tional gare or contest aeeting certain conditions from the definition of
fo clarify that ceftain skill games that mest epecific eriteria are not
ganes of chance,
Saction ong = Avendi subdivision 1 of Section 225.00 of the genal Law,
which s2 the definstion of "contest of chance" to specifically indicate
id Sports ganes or educational ganes ox
lontest of chance for the purposes of
nie bill vse
he tame Language used in the federal law regula:ing
internet gaming to exclude fantasy sports leagues that mest ceriain
criteria which make then gantes of skill rather than ganes of chance
ecens ‘Orney General has indicated that he Believes thse f2ntan
sy football sites ing sites, in contradiction 70 feder=
BI law, and in ape {ction to the current definition of &
contest of chance. This bill simply seeks to clarity, using federal
Ianguage, that fantasy sports team activities are ganes of skill rather
than games of chance. ‘Tine and time again, New York has stood in the
way, ubether by overzegulation ane banning
Bre legal and enjoyed in most states scrosz the country. Te 19 important
at this tine to clarity thet perticipation in fantasy skill games. ss
egal snd to protect the rights of businesses and individuals wio wish
to engage in this type of conmerce
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Section 1. Subdivision 1 of section 225.00 of the penal law is amended
to reed a6 follows:
2+ "Contest of chance” means any contest, game, gaming schene or
gaming device in which the outcone depends in a material éegree upon an
elonent of chance, notwithstanding that skill of the costestants say
iso be a factor therein. “Contest of chanca" chal} not sneluée partien
ipation in any fantasy oc aimigtion eports cane or educations) came ox
ft _in_vhich (AE the game or contest involves a teen of Lean
fantasy of simulation sports team is based on the current nenberehip of
an_actua) team that is a senber of an amateur or profess
s¢ defined in section thirty-seven nundzed
nt of the Unites states te meste the
‘segantzation ox thoss vers
one ete twentyns
following conditions:
all prizes and awards offered to vinning participants are estab-
Lished_and mage know uctietpants in advs ane of
contest and their value {¢ oot determined by the nusber of partici
of the anount of any fees pase by these participants.
b)_a21 inning outcomes reflect the relative knowledge and skill of
the participants and are detersingd predominantly by accumlated state:
Efcal seaults of the perfomance of individuals (athletes in the case of
DOES events) in sultiple ronl-vor14 sporting or other events.
(c) no vinning outcome is based on the score, point or any
Berfocnsnce of performances of any single real-world teas or any combi
nation of such tonne; or solely on any sinate performance of an individ
ual athlete in any single reni-vorla sport ns vent.
§ 2. this act shall take effect on the first of November next eucces
sng the date on which 1 shall have becone Lev.
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