Bills stacking up in New York as online poker legislation filed
HB 1380 to reclassify poker as a game of skill in the Empire State as 2023 legislative session moves forward
Online poker legalization is set to join the New York legislatory docket in 2023, with a new bill filed by New York State Representative J. Gary Pretlow.
House Bill (HB) 1380 will see the amendment of existing racing, breeding and pari-mutuel wagering laws to reclassify poker as a game of skill rather than its current definition of a game of chance.
As justification, the bill contends that that “courts have found that where a contest pits the skill levels of the players against each other, those games are games of skill and not games of chance”.
Among those existing games to be reclassified would be Texas Hold’em and Omaha.
“Any interactive gaming enforcement and regulatory structure must begin from the bedrock premise that participation in lawful and licensed gaming industry is a privilege and not a right,” the bill explains.
“Regulatory oversight is intended to safeguard the integrity of the games and participants and to accountability and the public trust,” it adds.
That regulatory oversight would come from the New York State Gaming Commission, which would take over the reigns 180 days after the legislation takes effect.
In respect of licensing, 11 licenses to operate online poker would be available to companies with a current class III gaming license, as well as video lottery terminal (VLT) licenses.
All license holders would be required to pay one-time fees over their first five years of operation totalling $10m, payable in sixty monthly instalments.
The bill would set a tax rate of 15% on all gross gaming revenue (GGR) made by online poker operators, with all funds funneled to the state’s lottery fund.
Moves to legalize online poker come amid a rising tide of legislation aiming to widen the New York market following the success story of sports betting in the state, which accounted for $909m in state revenue during 2022.
A bill to increase the state’s sportsbook market to 16 licenses by 2025 was recently tabled by Pretlow’s long-time compatriot, New York Senator Joseph P. Addabbo Jr.
Addabbo Jr. and Pretlow have each tabled sports betting bills aiming at expanding the market, with Addabbo Jr. also a strong advocate for igaming regulation in the Empire State.
Read a recent interview with the Senator here.