According to recent reports by GamblingCompliance and USPoker, the state of New York has seen another internet poker bill introduced into legislation. The new bill is similar to the Senate Bill 6913 and focuses on the same elements involving online poker.
The new bill quotes the U.S.v. DiCristina case in New York as well as focuses on the game as one of skill. The language of the bill states that the New York Federal Court found that ‘under federal law poker was predominantly a game of skill’. This ruling was later overturned by the U.S. Second Circuit Court of Appeals. The bill further states that the courts have not limited the ability of legislature to determine if certain poker variants fall into the category of ‘skill’ as based outside the general definition of the term gambling.
The new bill basically is a copy of the S 6913 bill that was introduced before. Games such as Omaha and Texas Hold’em would be considered games of skill and allowed in the state. The bill also includes a bad actor section that has a date set of December 31st 2006. This clause would omit any company, person, database or even trade name to be able to offer regulated internet poker gaming in the state, if they participated in online gambling in the US after the given date for the bad actor clause.
According to the new bill, the rate of taxes would be set at 15% and have a licensing fee of $10 million. Any person or company offering online poker without a license in the state would be breaking the law and would be charged with an offense as well as have to pay any taxes that would have been owed during the operation time. Bill A09509 was submitted by J. Gary Pretlow, a state Assemblyman as well as Chair of the Assembly Racing and Wagering Committee.
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