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FanDuel and DraftKings have gone on the offensive against New York attorney general Eric Schneiderman, filing lawsuits to block his cease-and-desist orders.
A number of attorneys have opinions on the New York attorney general's assertion that daily fantasy sports "constitute illegal gambling" under state law.
The New York Attorney General tells DraftKings and FanDuel to cease operations, but the sites will stay in NY while challenging his order. FAQ and...
Here is a look at 2019 legislation for sports wagering in the state:
Yes. New York legalized sports betting at its commercial casinos in 2013.
Now that the US Supreme Court ruled favorably in the NJ sports betting case, NY can begin to move on licensing and regulation.
The New York State Gaming Commission approved preliminary rules and regulations on Jan. 28. Tribal casinos would be permitted to offer sports betting along with commercial facilities under the proposed regulations. However, tracks, racinos, and off-track betting (OTB) facilities would need to be covered by new legislation.
For now, mobile and online wagering is not part of New York sports betting.
The New York State Gaming Commission has regulatory jurisdiction over the state’s sports betting.
The 2013 law permits NY sports betting at the state’s commercial casinos. Lawmakers will likely try to expand those permissions to include other gaming facilities, such as tribal casinos and horse racing tracks, in the 2019 legislative session.
Under current law, the state’s four commercial casinos are the only ones eligible to apply for a sports betting license:
That restriction will be reconsidered in the next legislature, however, with the possible inclusion of tribal casinos, race tracks, and off-track betting facilities (OTB).
Anyone over the age of 21 will be able to participate in NY sports betting.
As written, the 2013 law directs the Gaming Commission to promulgate rules relating to sports betting. One of the items it will have to determine is which forms of wagering are allowed.
It’s unknown if mobile and online sports betting will be authorized. The state already has a successful mobile horse betting product. New Jersey already launched mobile sports betting as well, making it even more likely that New York will follow suit.
In 2013, New York voters passed a referendum allowing for gambling expansion.
The New York Gaming Economic Development Act paved the way for the construction of four new commercial casinos in the upstate region. It also permits those properties to run sports betting under the approval of the state’s gaming commission. It appears a new law to widely legalize wagering at other gaming facilities might be needed before anyone is allowed to move forward.
Now that New Jersey won the Supreme Court sports betting case in May 2018, New York is free to move forward with single-game wagering once lawmakers and regulators decide what happens next.
Efforts to pass a new sports betting law that included integrity fees for sports leagues died in June 2018 at the state legislature. However, Sen. Joseph Addabbo, chair of the Senate Racing, Wagering and Gaming Committee has already introduced similar legislation for the 2019 session.
The New York State Gaming Commission gave preliminary approval to rules and regulations on Jan. 28th. Lawmakers are still calling for the commission to include mobile and online sports betting which is currently off the table. The regualtions will enter a 60-day public comment period before the commission can give final approval.
On Aug. 3, 2016, the state enacted a law that allows DFS sites to serve New Yorkers once again.
During much of the turmoil the daily fantasy sports industry experienced in late 2015 and into 2016, New York became the epicenter.
The legal issues experienced by the likes of FanDuel and DraftKings essentially started with Attorney General Eric Schneiderman issuing cease-and-desist orders in November, and have expanded across the country.
New York is one of the largest markets for paid-entry DFS, so the return of NY for DFS sites was a big deal ahead of daily fantasy football season.
Temporary permits were issued to DraftKings, FanDuel and a few other sites on Aug. 22, 2016; those sites and many others are now in operation in NY.
A late 2018 ruling by a New York judge threw the future of NY DFS into question. The case remains under appeal.
Although there is sports betting language on the books, most of the details have yet to be finalized. The scope of the enabling law is narrow, limiting wagering to the state’s handful of commercial casinos. Further expansion might be in the cards, though, if the legislature can pass a new law and tribal casino interests can be satisfied.
Nobody is offering sports betting in New York just yet though.
Sen. Joseph Addabbo, the new chairman of the Senate Racing, Wagering and Gaming Committee introduced a sports betting bill for the 2019 legislative session. The bill, S 17, is similar to former chairman, John Bonacic’s bill, which includes a 0.2 percent integrity fee.
The New York State Gaming Commission recently approved preliminary rules and regulations, however, they do not include a mobile or online component.
Assemblyman Gary Pretlow intends to join Addabbo and push for the commission to include online sports betting in the final rules and regulations.
New York state legislators dropped sports betting bills in both the Assembly and Senate, but neither advanced to the floor for serious consideration. Sen. John Bonacic and Assemblyman Gary Pretlow championed bills in their respective chambers that would have legalized sports betting throughout the state, including mobile and online wagering.
It also would have directed a so-called integrity fee to sports leagues — the first state to bow to the leagues’ demand for such a cut. Pretlow said this summer that he will again push for sports betting legislation that could include integrity fees in the 2019 session.
In January, the Senate Racing, Gaming and Wagering Committee held a public hearing on sports betting. The meeting was called Bonacic, who chairs the committee. The hearing seemed to indicate that New York’s lawmakers are ready to move forward with broad legalization.
What was surprising, however, was a new revelation from the NBA. The league had previously stood against state-based sports betting legalization. It has gone so far as to bring suit against states, like New Jersey, who try to work around PASPA.
The league’s Assistant General Counsel, Dan Spillane, voiced a new, progressive stance on sports betting from his league. According to Spillane, the NBA will no longer oppose New York’s attempt to legalize sports betting, provided it meets the league’s conditions. One of those conditions involves paying the NBA a so-called integrity fee of 1 percent of all bets placed on its games, which is a big ask.
All four major sports leagues are headquartered in New York, and protecting those relationships is of the utmost importance. Having the NBA on board could be key to the prospects of legal sports betting.
Late in 2016, Pretlow announced his intentions to back sports betting legislation. “I’m looking at challenging the feds on this,” he said, “but I have more homework to do.”
Pretlow is the Chairman of the Assembly’s Racing and Wagering Committee. That essentially makes him the gatekeeper for gaming legislation in his chamber, which had previously expressed resistance. Entering 2017, though, Pretlow seemed to indicate that his concerns had been addressed.
Lawmakers from both chambers introduced matching sports betting bills in 2017. Sponsors Assemblyman David Weprin and Sen. Tony Avella have been at the front of the effort in their respective chambers since 2011. Their bills move to extend sports betting permissions to horse tracks and OTBs, in addition to the commercial casinos.
The new casinos authorized to conduct sports betting began to open during 2017, with the last one slated to open early in 2018. It’s widely assumed that a new bill following the Weprin/Avella model will be needed to get all of the stakeholders together.
In 2015, Weprin and Avella reintroduced their efforts from the previous session. A 3080 and S 940 were refiled in January as the tools to expand sports betting to horse tracks and off-track betting facilities.
At the same time, the state was considering daily fantasy sports legislation. The matter was referred to Attorney General Eric Schneiderman for a decision, and he dropped the hammer on DFS sites. He lumped them in with sports betting, which would have made them illegal under state law. He ordered DraftKings and FanDuel to cease operations in New York. The state went onto pass a fantasy sports law in 2016.
The sports betting bills were returned to the Judiciary Committees in their respective chambers, where they stalled once again.
New York voters spoke on sports betting in 2013.
That year’s ballot included a decision on a gaming package designed to stimulate the economy in the upstate region with four new casinos. Under the referendum, the new properties would be permitted to offer a broad range of gambling, including sports betting.
Voters passed the amendment, with 57 percent of them approving the expansion.
The casinos were built and opened within five years, but none of them include sportsbooks yet. Although legal in New York, federal law has prohibited the state from moving forward with its own sports betting industry.
Sen. Eric Adams once again reintroduced his standalone sports betting bill from the prior sessions. His S 2411 was the same piece of legislation he’d sponsored in both 2009 and 2011.
There were other bills on the table, though. Weprin (A 867) and Avella (S 331) filed matching bills in the legislature once again. They failed to advance out of committee again, and they were reintroduced in the 2015 session. Sen. Adams’ bill, on the other hand, has not been reintroduced again.
Sen. Adams introduced a copy of his previous bill once again in 2011. This time, S 3708 was backed up by another piece of legislation in the lower chamber.
Assemblyman Weprin’s name appeared on a sports betting bill for the first time with the introduction of A 10464. His bill contained most of the same language as Adams’, but it expanded wagering to include collegiate events. He also moved to allocate funds to education rather than tax relief.
Most notably, Weprin’s bill also added “any constitutionally authorized casino facility” to the list of potential licensees. The four upstate casinos would ultimately be granted that permission separately via the 2013 referendum.
The Assembly bill included a memo in support of legislation that opened with this justification:
Legalizing professional sports betting in New York would be an opportunity to diminish a serious organized crime enterprise and provide critical funds for education.
One of the memo’s sources estimated that New York could receive close to $2 billion in annual revenue from sports betting at the existing gambling facilities, a number that is likely too high.
Avella took Weprin’s lead and introduced a matching bill, S 7401 in the Senate.
None of the bills advanced out of committee, and all three were reintroduced in the 2013 session.
In 2009, Sen. Adams introduced the state’s first sports betting bill. S 6061 was aimed at horse tracks and off-track betting facilities. The bill would have allowed those facilities to offer wagers on professional sporting events. A portion of the revenue was to be allocated for tax relief to residents of the areas near the betting facilities.
The bill stalled in committee.
Daily fantasy sports is back and thriving in New York.
The Senate passed legislation in the early morning hours on June 18 in 2016, just before it adjourned for the year. An aggressive lobbying effort by the industry for the bill — and by the state’s racinos against it — had put the bill’s future in doubt in the Senate up until it was called to the floor.
After a month and a half, Gov. Andrew Cuomo finally signed the bill in August. With that action, sites could begin to apply for temporary permits to operate while the full licensing process gets underway.
Before the last-minute drama in the legislature, DraftKings, FanDuel, and most other DFS operators pulled out of the state when those two sites signed a settlement in March. That was done with the intent of the sites finding a legislative solution to becoming legal. That effort was slow going at the start, but things picked up in June.
It all started with Attorney General Eric Schneiderman. Back in October of 2015, he noted to the media that he was investigating DraftKings and FanDuel, and saying things like they are “totally unregulated gambling venues.”
That set off a court battle. An emergency hearing was held to consider injunctions from the AG against FanDuel and DraftKings the same month.
A Supreme Court judge found on the side of the NY AG on Dec. 11, but an appeals court put a stay on the preliminary injunction, reinstating the status quo, before DK and FD exited the state in March.
DraftKings, FanDuel, Yahoo, FantasyDraft, and Draft have all received permits and are now operational in New York.
Here is a list of sites with temporary licenses.
Any site that wishes to serve the New York market must be licensed by the state gaming commission.
Here’s what the enacted law does:
If DraftKings and FanDuel had been forced to stay out of NY indefinitely, it would have been a major setback in terms of revenue and liquidity for both FanDuel and DraftKings. New York is believed to be the second largest state in terms of both revenue and users for the two sites.
Three major professional sports leagues — the NBA, the NHL and Major League Baseball — have equity in either DraftKings or FanDuel, and also have their headquarters in New York.
The fact that DFS is now legal in New York allows the leagues to breathe a sigh of relief.