Relates to issuing temporary permits to certain fantasy sports operators that were not offering contests to persons located in New York prior to November 10, 2015.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3551A
SPONSOR: Pretlow
 
TITLE OF BILL:
An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to issuing temporary permits to certain fantasy sports opera-
tors
 
PURPOSE:
To allow interactive fantasy sports operators who were not operating in
New York State prior to November 10, 2015, to apply for a temporary
permit in order to operate in New York State.
 
SUMMARY OF PROVISIONS:
Section 1 adds new subsection c to allow additional interactive fantasy
sport operators to apply for a temporary permit subject to approval by
the gaming commission.
Section 2. Subdivision 8 of section 1401 of the racing, pari-mutuel
wagering and breeding law, as added by Chapter 237 of the laws of 2016,
Section 3 establishes an effective date
JUSTIFICATION:
Since 2015, only interactive fantasy sports operators who were doing
business in New York prior to November 10th of that year have been
allowed to operate in New York with a temporary permit. Since then,
mobile sports betting has been legalized in the state and consumer
demand for such practices has increased dramatically. Unfortunately,
because of this prohibition, competition in the fantasy sports space has
been artificially stifled. This bill would allow new interactive fantasy
sports operators to come into New. York, adding to the revenues from
sports betting and benefiting consumers, while a permanent application
process is promulgated by the gaming commission.
 
LEGISLATIVE HISTORY:
New bill
2022: 05/10/22 A9449A print number 9449A,
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3551--A
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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to issuing temporary permits to certain fantasy sports opera-
tors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 1402 of the racing, pari-mutuel
2 wagering and breeding law, as added by chapter 237 of the laws of 2016,
3 is amended and subdivision 1 is amended by adding a new paragraph (c) to
4 read as follows:
5 (c) Additional interactive fantasy sports operators, who were not
6 offering contests to persons located in New York prior to the tenth of
7 November, two thousand fifteen, may apply for a temporary permit subject
8 to approval by the gaming commission, provided that such operator meets
9 all the requirements of this article. A temporary permit issued under
10 this paragraph shall be deemed effective as of the date that the opera-
11 tor first offered interactive fantasy sports contests in the state,
12 provided that the operator remits the tax provided in section one thou-
13 sand four hundred seven of this article within thirty days of issuance
14 of the temporary permit for all contests the operator previously offered
15 in the state.
16 2. The commission shall provide a temporary permit [to each operator
17 that was offering contests pursuant to paragraph (b) of subdivision one
18 of this section] to allow [such operator to continue] an interactive
19 fantasy sports operator to offer such contests, on a provisional basis,
20 until such operator's application for registration has been approved or
21 denied in accordance with section fourteen hundred three of this arti-
22 cle, provided that such operator meets all the requirements in section
23 fourteen hundred four of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08414-03-3
A. 3551--A 2
1 § 2. Subdivision 8 of section 1401 of the racing, pari-mutuel wagering
2 and breeding law, as added by chapter 237 of the laws of 2016, is
3 amended to read as follows:
4 8. "Interactive fantasy sports contest" or "contest" shall mean a game
5 of skill wherein one or more contestants compete [against each other] by
6 using their knowledge and understanding of athletic events and athletes
7 to select and manage rosters of simulated players whose performance
8 directly corresponds with the actual performance of human competitors on
9 sports teams and in sports events.
10 § 3. This act shall take effect immediately.