New York State's Sports Betting Landscape: A Shift in the Gambling Game
Upcoming Discussion in New York Senate Regarding the Prospect of Sports Gambling Legalization in the Area
New York State's Senator John Bonacic set the stage for a discussion on January 24, 2018, about the prospect of legal sports betting in the Empire State. While the Empire State seems to be inching closer to opening a sports betting market compared to other states, certain matters require attention.
In 2013, the state passed the New York Gaming Economic Development Act, laying the foundation for licensing and regulating sports betting. However, the limited scope of the enabling language may necessitate additional legislation to satisfy all parties in the state, such as Off Track Betting (OTB) and racinos.
New York State Senator John Bonacic to Head Panel Discussing Legal Sports Betting in New York Ahead of Supreme Court Decision
"When we did that constitutional amendment, we envisioned that in the event that the sports ban was eliminated federally that they could (start betting on sports) immediately," Bonacic, chairman of the Racing, Gaming And Wagering, told City and State New York in December 2017. "And you know, New Jersey is all geared up and Pennsylvania is all geared up, and to a certain extent, we've got to keep up."
The measure grants permission to permit sports betting at licensed casino gaming facilities, with the approval of the New York State Gaming Commission, and in accordance with sports betting operation rules and regulations to be created under the Act. Yet, it appears that the measure may be limited to four upstate casinos specifically mentioned in the Act: Tioga Downs, Casino Rivers Casino, Resort Schenectady Resorts World Catskills, and del Lago Resort & Casino.
In light of that, some amendments to that statute or new legislation are probably in order, meaning the state is not quite "ready to go" as Assemblyman Gary Pretlow, chairman of the Assembly's Racing and Wagering Committee, has put it. That should be a topic of the January 24 conversation.
The language of the Supreme Court ruling in Christie v NCAA, also known as the Supreme Court sports betting case, will be critical. The court may say that states can license, regulate, and tax sports betting as they see fit, if not preempted by federal law, but the precise question presented to the court concerns the constitutionality of PASPA, the 1992 federal law banning sports betting outside Nevada with a few limited exceptions. The Supreme Court is not making law here, it's interpreting it.
State lawmakers might interpret §1367 to meet their ends, and not fuss over the language, but words do matter.
Bocinic's press secretary Conor Gillis told our website on Thursday that the roster of speakers at the hearing will be finalized on January 19. Several stakeholders will provide written testimony, and the hearing will commence with testimony from those in attendance.
New York's Native American casinos are also facing some uncertainty about the Supreme Court ruling's applicability to their properties.
New York's Racing and Wagering Committee found this week that, following the passage of a 2016 law permitting daily fantasy sports, tax revenue for the state amounted to $3 million. "I thought it would be higher,'' said Pretlow.
Daily fantasy sports have stagnated this year, and costly litigation has not helped matters. However, sports betting will be an entirely different, almost certainly much more lucrative source of tax revenue across the state.
As excitement grows and lawmakers introduce bills that would license sports betting - pending a change in federal law - the state's sports betting scene is poised for a major transformation. The Supreme Court's decision in Christie v NCAA is expected in the spring, probably in April or May.
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/Update as of 2023:/
Legalization of Sports Betting Across New York State
- Expanded Market: In 2022, New York legalized sports betting and expanded the market to include mobile apps and more than four physical locations.
- Revenue Generation: The legalization of sports betting has generated significant revenue for the state, surpassing expectations of lawmakers.
- Problem Gambling Initiatives: To address concerns about problem gambling, new regulations have been implemented, including deposit limits and requirements for responsible gaming education.
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Overall:
The current status of legal sports betting legislation in New York State has intensified substantially since the initial hearing on January 24, 2018, particularly with the legalization in 2022 and expanded market options.
Current Status:
- Legalization: New York legalized sports betting in 2022, establishing itself as a major player in the industry. Mobile apps are now allowed, significantly increasing accessibility for bettors.
- Revenue: Due to the legalization, revenue generation has significantly increased and surpassed lawmakers' expectations.
Regulations and Problem Gambling Initiatives:
- Responsible Gaming Education: New regulations mandate responsible gaming education, ensuring that consumers are informed about the potential risks associated with sports betting.
- Deposit Limits: To prevent excessive wagering, deposit limits have been implemented.
However, these regulations require careful monitoring to ensure their effectiveness in mitigating problem gambling while still supporting the growth of the sports betting industry.
- Senator John Bonacic's panel discussion in January 2018 centered on the possibility of legal sports betting in New York State.
- The New York Gaming Economic Development Act, passed in 2013, serves as the foundation for licensing and regulating sports betting, but further amendments or legislation may be necessary.
- The measure allowing sports betting is limited to four upstate casinos mentioned in the Act, but amendments or new legislation may broaden this scope.
- The Supreme Court's ruling in the Christie v NCAA case, scheduled for the spring, will determine the extent of states' rights in regulating sports betting, as per the interpretation of the New York Act's §1367.
- In light of the Supreme Court's decision, New York State lawmakers are simultaneously considering the policy-and-legislation implications of sports betting, acknowledging its potential for significant tax revenue.
- Stakeholders, including Native American casinos, will provide written testimony and speak at upcoming hearings on sports betting legislative matters.
- As the legalization of sports betting progresses, New York is primed for a major transformation in its sports betting scene, with mobile apps and more locations expected to be included.
