STATE OF NEW YORK ________________________________________________________________________ 6085 2025-2026 Regular Sessions IN ASSEMBLY February 26, 2025 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Racing and Wagering AN ACT to amend the racing, pari-mutuel wagering and breeding law and the penal law, in relation to interactive fantasy sports contests; and to repeal certain provisions of the racing, pari-mutuel wagering and breeding law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1412 of the racing, pari-mutuel wagering and breed- 2 ing law is REPEALED. 3 § 2. The racing, pari-mutuel wagering and breeding law is amended by 4 adding a new section 1413 to read as follows: 5 § 1413. Severability. If any clause, sentence, paragraph, section or 6 part of this article shall be adjudged by any court of competent juris- 7 diction to be invalid and after exhaustion of all further judicial 8 review, the judgment shall not affect, impair or invalidate the remain- 9 der thereof, but shall be confined in its operation to the clause, 10 sentence, paragraph, section or part of this article directly involved 11 in the controversy in which the judgment shall have been rendered. 12 § 3. Subdivision 1 of section 225.00 of the penal law is amended and 13 two new subdivisions 30 and 31 are added to read as follows: 14 1. "Contest of chance" means any contest, game, gaming scheme or 15 gaming device in which the outcome depends in a material degree upon an 16 element of chance, notwithstanding that skill of the contestants may 17 also be a factor therein. An interactive fantasy sports contest is not a 18 contest of chance. 19 30. "Interactive fantasy sports contest" shall mean a game of skill 20 wherein one or more contestants compete against each other by using 21 their knowledge and understanding of athletic events and athletes to 22 select and manage rosters of simulated players whose performance direct- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09258-01-5A. 6085 2 1 ly corresponds with the actual performance of human competitors on 2 sports teams and in sports events. 3 31. Notwithstanding any definition to the contrary, interactive fanta- 4 sy sports contests shall not constitute gambling within the meaning of 5 this article. 6 § 4. This act shall take effect immediately.