A08587 Summary:

BILL NOA08587
 
SAME ASNo Same As
 
SPONSORMurray
 
COSPNSRRa, Ceretto
 
MLTSPNSRThiele
 
Amd Art 1 S9, Constn
 
Authorizes fantasy sports wagering on professional sports.
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A08587 Actions:

BILL NOA08587
 
12/02/2015referred to racing and wagering
12/04/2015to attorney-general for opinion
12/28/2015opinion referred to judiciary
01/06/2016referred to racing and wagering
01/13/2016to attorney-general for opinion
02/05/2016opinion referred to judiciary
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A08587 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8587
 
SPONSOR: Murray
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 9 of article 1 of the constitution, in relation to authoriz- ing fantasy sports wagering on professional sports   SUMMARY OF PROVISIONS This bill would amend subdivision 1 of section 9 of article 1 of the State Constitution to permit fantasy sports wagering, nothwithstanding applicable federal laws related to fantasy sports wagering.   JUSTIFICATION "Daily Fantasy Sports" allow participants to assemble a fantasy team made up of selected athletes from real-world sports teams. Participants pay an entry fee for the contest, and based upon the outcome, are then eligible for a prize. "Daily Fantasy Sports," such as those made popular by FanDuel and DraftKings, have recently come under scrutiny in New York State. This bill would create an exemption for such daily fantasy sports in the State constitution. Other related legislation has been introduced clas- sifying the game as a contest of skill rather than a contest of chance. As such, daily fantasy sports are more properly equated to stock or option trading on the U.S. markets, than they are gambling since the contests involve skill as the dominating element of success. Such skill is based on, but not limited to, statistical analysis and relevant know- ledge the real world sporting contest. Chance in such a fantasy or simulation sports games or contests is limited to factors such as inju- ries, weather or the vicissitudes of sporting events in general, but such chance is not a material element of the fantasy or simulation sports game or contest. In short, the success of a fantasy sports team depends on the participant's skill in selecting players for his or her team. Moreover, in daily fantasy sports, the prize guaranteed to be awarded is known to participants before the start of the fantasy sporting event, and the prize does not depend on the number of entrants. Facilitators of daily fantasy sports, such as DraftKings and FanDuel, do not compete for prizes and are indifferent to who wins, unlike the house advantage in a traditional contest of chance.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS None.   EFFECTIVE DATE The amendment will be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the consti- tution, be published for three months previous to the time of such election
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A08587 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8587
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 2, 2015
                                       ___________
 
        Introduced by M. of A. MURRAY -- read once and referred to the Committee
          on Racing and Wagering
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 9 of article 1 of the constitution, in
          relation to authorizing fantasy sports wagering on professional sports

     1    Section  1.  Resolved  (if  the  Senate concur), That subdivision 1 of
     2  section 9 of article 1  of  the  constitution  be  amended  to  read  as
     3  follows:
     4    1. No law shall be passed abridging the rights of the people peaceably
     5  to  assemble  and to petition the government, or any department thereof;
     6  nor shall  any  divorce  be  granted  otherwise  than  by  due  judicial
     7  proceedings;  except  as hereinafter provided, no lottery or the sale of
     8  lottery tickets, pool-selling, book-making, or any other kind of  gambl-
     9  ing,  except  lotteries  operated  by  the state and the sale of lottery
    10  tickets in connection therewith as may be authorized and  prescribed  by
    11  the  legislature, the net proceeds of which shall be applied exclusively
    12  to or in aid or support of education in this state  as  the  legislature
    13  may  prescribe,  except  pari-mutuel  betting  on  horse races as may be
    14  prescribed by the legislature and from which the state  shall  derive  a
    15  reasonable  revenue  for  the  support  of government, and except casino
    16  gambling at no more than seven facilities as authorized  and  prescribed
    17  by  the  legislature  and  except for fantasy sports wagering on profes-
    18  sional sports which may be authorized by the legislature,  in  a  manner
    19  prescribed  by  the  legislature  for offering and conducting gaming and
    20  wagering, provided however, that such authorizations shall  be  preceded
    21  by  the  elimination of the federal ban on professional sports wagering,
    22  shall hereafter be authorized or allowed  within  this  state;  and  the
    23  legislature  shall pass appropriate laws to prevent offenses against any
    24  of the provisions of this section.
    25    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    26  referred  to  the  first regular legislative session convening after the
    27  next succeeding general election of members of  the  assembly,  and,  in
    28  conformity  with  section  1  of  article  19  of  the  constitution, be
    29  published for 3 months previous to the time of such election.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89108-01-5
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