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.
STATE OF NEW YORK
________________________________________________________________________
6085
2025-2026 Regular Sessions
IN ASSEMBLY
February 26, 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 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2 ing law is REPEALED.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.
LBD09258-01-5
A. 6085 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.
