Current Legislation re: I-gaming in NY

[satya]

What does this mean really? By my read it looks like this is an amendment to a bill passed in '97-'98 - assuming so since it passed the Senate. So I don't get it? Isn't the Fed taking away my rights if they tell banks I can't send my money to Party?

Search for A03435 (http://public.leginfo.state.ny.us/menugetf.cgi)


2007-2008 Regular Sessions

IN ASSEMBLY

January 24, 2007


Introduced by M. of A. HOYT -- read once and referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the business corporation law, in relation to requiring any foreign corporation providing gambling or wagering over the internet to be authorized to do business in this state

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

1 Section 1. Section 1301 of the business corporation law is amended by 2 adding a new paragraph (a-1) to read as follows:

(a-1) A foreign corporation providing gambling or wagering services or activities in this state by means of any computer communication system shall be deemed to be doing business in this state and shall therefore be required to obtain authorization to do business in this state. The
application therefor, submitted pursuant to section thirteen hundred four of this article, or any amendment or change made pursuant to section thirteen hundred eight of this article, shall explicitly state
that such corporation intends to provide gambling or wagering services or activities by means of a computer communication system.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

[keebler61]

I think it means it wishes to lisence online gaming.... Atleast, that's my interpretation.

[tendog]

doubtful they would be handing out any licenses.

its always been debated whether a compnay doing business on the internet actually operates in that state. I guess this would just clarify that more than anything.

[questions]

Not sure what the practical implication is.

[Sniper]

BILL NUMBER: A3435

SPONSOR: Hoyt


TITLE OF BILL: An act to amend the business corporation law, in relation to requiring any foreign corporation providing gambling or wagering over the internet to be authorized to do business in this state


PURPOSE OF BILL: Requires foreign corporations providing gambling or wagering over the internet to file for authorization to do business in this state with the secretary of state.


SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new paragraph a-1 to § 1301 of the Business Corporation Law which would require a foreign corporation providing gambling or wagering services in this state to register with the Department of State.

Section 2 provides for the effective date.

JUSTIFICATION: There are dozens of companies on the worldwide web which offer interactive wagering programs. All of these companies are situated in foreign countries and market their services to New York State residents. This bill would require Internet gambling companies to register as a foreign corporation doing business in New York so that residents of this State may easily reach such corporations for service of process.

LEGISLATIVE HISTORY:
1997-98: S.4174 - Passed Senate
S.2044 of 2000
S.1663 of 2001
A.8454 of 2003/04 Referred to Corporations, Authorities and Commissions
S.1148 of 2003/04 Referred to Racing, Gaming and Wagering
2005-06 - A.3063 - referred to corporations, authorities, and commis-
sions
S.1204 - Referred to racing, gaming and wagering

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.

[ericicecream]

A company providing gambling via internet must comply with state business licensing requirements, but a company like say...Amazon...does not?

Doesn't seem like this would uphold a challenge.

I'm not sure what the intention of this amendment is.

[Wynton]

On its face, the statute is procedural. Makes it easier for internet gambling companies to be sued in NY. In itself, the statute does not create any new rights or liabilities (or restrict any rights) for anyone.

[Sniper]

Wynton... check out 3434 /images/graemlins/wink.gif

[antneye]

this could almost read like a precursor to icensing these companies......you want a license? you better give NYS a piece of the pie......this may be where its all going. state by staes allowance and licensing fees

[Wynton]

[ QUOTE ]
Wynton... check out 3434 /images/graemlins/wink.gif

[/ QUOTE ]

I'm afraid. Is there something scary there?

[Wynton]

[ QUOTE ]
Wynton... check out 3434 /images/graemlins/wink.gif

[/ QUOTE ]

I hate you. (Blame the messenger time.)

[danzasmack]

[ QUOTE ]
[ QUOTE ]
Wynton... check out 3434 /images/graemlins/wink.gif

[/ QUOTE ]

I hate you. (Blame the messenger time.)

[/ QUOTE ]

UH WTF!?! I just looked at this and this is not good.

[Reject]

"§ 225.45 Computerized gambling; no defense.
13 For any offense defined in this article which consists of the commission of acts involving the use of any computer communication system or electronic data storage medium allowing the input, output, examination, or transfer of computer data or computer programs from one computer to another to advance or profit from gambling activity, such offense is no less criminal because one or more of such acts is committed without the state and is not violative of the laws of the jurisdiction in which it was so committed."

So someone has a bee in their bonnet about having to let Peter Dicks go. I notice that the other parts pertaining to computers specifically doesn't mention what kind of gambling, whereas lotteries and sports betting are mentioned in other paragraphs

[ericicecream]

[ QUOTE ]
this could almost read like a precursor to icensing these companies......you want a license? you better give NYS a piece of the pie......this may be where its all going. state by staes allowance and licensing fees

[/ QUOTE ]

This would be trouble. I don't think the sites would pay. Imagine each state charges them a fee. Then every other foreign country (and partitions) says they want their piece too? Maybe each county decides it wants a piece, too.

This is kinda like a bunch of people having illegal info on you. Every day someone new knocks on your door with their hand out. Rake would skyrocket and the games would be unbeatable.

[danzasmack]

[ QUOTE ]
[ QUOTE ]
this could almost read like a precursor to icensing these companies......you want a license? you better give NYS a piece of the pie......this may be where its all going. state by staes allowance and licensing fees

[/ QUOTE ]

This would be trouble. I don't think the sites would pay. Imagine each state charges them a fee. Then every other foreign country (and partitions) says they want their piece too? Maybe each county decides it wants a piece, too.

This is kinda like a bunch of people having illegal info on you. Every day someone new knocks on your door with their hand out. Rake would skyrocket and the games would be unbeatable.

[/ QUOTE ]

You have to look at in terms of market share. You don't think partypoker would pay NYS X% to have its customers back? Also - consider the ease in payment processors.

When you talk about regulation you're talking about the government getting a piece of the action.

[Sniper]

Worth noting, this legislation has been worked on for almost 10 years...

[metsandfinsfan]

I live in NY
It is supposed to be such a liberal state --- ha
Spitzer will never let it happen