New York A 6030: Relates to allowing certain interactive poker games

Bill Text

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A06030 Summary:

BILL NOA06030 

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SAME ASNo Same As

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SPONSORWoerner

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COSPNSR

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MLTSPNSR

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Add Art 15 §§1500 - 1506, RWB L; amd §225.00, add §225.36, Pen L

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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.

Go to top A06030 Actions:

BILL NOA06030 

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02/25/2025referred to racing and wagering

01/07/2026referred to racing and wagering

Go to topA06030 Committee&nbspVotes:

Go to topA06030 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06030 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6030

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 25, 2025
 ___________

 Introduced by M. of A. WOERNER -- 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:

 1 Section 1. The racing, pari-mutuel wagering and breeding law is
 2 amended by adding a new article 15 to read as follows:
 3 ARTICLE 15
 4 INTERACTIVE GAMING
 5 Section 1500. Legislative findings and purpose.
 6 1501. Definitions.
 7 1502. Authorization.
 8 1503. Required safeguards/minimum standards.
 9 1504. Scope of licensing review.
 10 1505. State tax.
 11 1506. Disposition of taxes.
 12 § 1500. Legislative findings and purpose. The legislature hereby finds
 13 and declares that: 1. Under the New York penal law a person engages in
 14 gambling when such person stakes or risks something of value upon the
 15 outcome of a contest of chance or a future contingent event not under
 16 such person's control or influence, upon an agreement or understanding
 17 that such person will receive something of value in the event of a
 18 certain outcome.
 19 2. A contest of chance is defined as any contest, game, gaming scheme
 20 or gaming device in which the outcome depends in a material degree upon
 21 an element of chance, notwithstanding that skill of the contestants may
 22 also be a factor therein. (Subdivision 1 of section 225.00 of the penal
 23 law). Thus, games of chance may involve some skill, but in those games
 24 the level of skill does not determine the outcome regardless of the
 25 degree of skill employed. See People v. Turner, 165 Misc. 2d 222, 224,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07653-01-5

 A. 6030 2

 1 629 N.Y.S.2d 661, 662 (Crim. Ct. 1995). On the other hand, where a
 2 contest pits the skill levels of the players against each other, New
 3 York courts have found a game to be one of skill rather than chance. See
 4 People v. Hunt, 162 Misc. 2d 70, 72, 616 N.Y.S.2d 168, 170 (Crim. Ct.
 5 1994) ("Played fairly, skill rather than chance is the material compo-
 6 nent of three-card monte.");
 7 3. Poker in many instances has been defined as a game of skill and a
 8 New York federal court in U.S. v. DiCristina, 886 F. Supp. 2d 164, 224,
 9 assessed that under federal law poker was predominantly a game of skill;
 10 4. New York courts have interpreted New York law to apply a more
 11 rigorous test in identifying a "contest of chance" than is applied by
 12 most states in this nation and the courts have found that where a
 13 contest pits the skill levels of the players against each other, those
 14 games are games of skill and not games of chance. Furthermore, the
 15 courts have not limited the legislature's ability to determine that
 16 certain forms of poker should fall outside the general definition of
 17 gambling since those games are games of skill;
 18 5. Texas Hold'em poker involves two cards dealt face down to each
 19 player and then five community cards placed face-up by the dealer, a
 20 series of three, then two additional single cards, with players deter-
 21 mining whether to check, bet, raise or fold after each deal. Omaha
 22 Hold'em poker is a similar game, in which each pl