
The two proposed legislations aim to change the legal definition of certain poker games as ones whose outcome depends predominantly on skill rather than on luck. And if any of the two bills is signed into law, it will allow for the provision of online poker offering within the state’s borders.
Under Sen. Bonacic’s bill, Texas Hold’em and Omaha games should be deemed legal as they involve decision-making and strategy, which, in turn, can be defined as important skills. The legislator has based the text of his legislation on multiple poker-related studies.
A change in the legal definition is necessary for the potential legalization of Internet versions of the game in the state. New York lawmakers have always been somewhat unfavorably disposed towards any proposal that involves gambling expansion. However, if poker is considered a game of skill, the state prohibition on expansion can be avoided.
Aside from providing new legal definitions of poker, the two bills offer provisions for the regulation of online poker, once and if this type of offering is legalized in future. Taxation is also included as an important point in the legislative pieces. Under the bills, online gambling operators conducting Internet gambling operations in the state will have to pay a 15% tax on their full-year gross gaming revenue from said operations.
A bill sponsored by Sen. Bonacic and co-sponsored by Assemblyman Pretlow made a historic progress in the Legislature last year. It passed a Senate vote with an overwhelming support. However, the proposal was less lucky in the Assembly. Despite his initial support, Assemblyman Pretlow himself backed away from the effort. The bill, thus, failed to make it to an Assembly vote.
The lawmaker has justified his decision to withdraw his support with the fact that there were still “entities” in the Legislature’s lower house who had issues with the legalization of online poker. Assemblyman Pretlow has also told media that he himself had trouble in interpreting poker as a game of skill. It seems that his reserve may have finally melted.
Of all US states to have introduced bills for the legalization of online poker and/or other online casino games, Pennsylvania and New York may be the one closest to achieving this, although the process of legalizing anything so controversial usually represents a long and rather bumpy journey.

