New York lawmakers will get their second crack in as many years at legalizing online poker following the reintroduction by state Sen. John Bonacic of a bill that would grant up to 11 licenses to host the games.
In 2016, Bonacic, who chairs the Senate’s Racing, Gaming and Wagering Committee, was able to steer the same bill easily through the upper chamber, which passed it 53-5, only to see it fail to reach a vote in the Assembly, where opposition to internet gambling is considerably stronger.
The fate of the 2017 version (S 3898) is uncertain as well, though proponents take heart in the fact that the Legislature has given its support to daily fantasy sports, classifying it last year as a skill-based activity, and because Assembly Gaming Committee Chairman Gary Pretlow, who opposed the 2016 bill, now says legalization is “doable”.
Tempering this, however, is a lawsuit challenging the DFS designation, which had the effect of bypassing a constitutional requirement that any expansion of gaming receive voter approval, and Pretlow’s own admission regarding Bonacic’s new bill that “I have lot of resistance in my house to it.”
As currently written S 3898 would legalize online poker in the state by classifying certain forms of poker as games of skill. The bill specifically cites Texas hold ‘em and Omaha hold ‘em poker as falling into that category. The games would need to be physically located in the state, and players will have to be 21 or older to participate.
The bill includes a provision to ensure the games are fair and honest and that appropriate measures are in place to deter, detect and prevent cheating, including collusion, and the use of software programs (sometimes referred to as “bots”) that make bets or wagers according to algorithms.
Measures also would need to be in place to minimize problem gambling.
Significantly, the bill also would allow operators to conclude interstate agreements for sharing player pools.
The New York State Gaming Commission would be empowered to craft these and other regulations within 180 days of the bill becoming law. The commission would be responsible as well for licensing and regulating the games and determining the suitability of operators and major vendors, a list that’s expected to include current video lottery gaming operators and Class III casinos.
