Bill Text: NY A03562 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits wagers on a horse racing event unless such racing event is offered pursuant to a fixed odds sports wagering agreement; authorizes agreements between a mobile sports wagering operator and an affiliate to locate self-service sports betting kiosks upon the premises of the affiliate.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to racing and wagering [A03562 Detail]
Download: New_York-2023-A03562-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3562 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Racing and Wagering AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to wagers on certain horse racing events and authorizing agreements between a mobile sports wagering operator and an affiliate The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1367 of the racing, pari-mutuel 2 wagering and breeding law is amended by adding three new paragraphs 3 (dd), (ee) and (ff) to read as follows: 4 (dd) "Horse racing event" means any sport or athletic event conducted 5 in New York state subject to the provisions of article two, three, five, 6 nine, or ten of this chapter, as well as any sport or athletic event 7 conducted outside of New York state, which if conducted in New York 8 state, would be subject to the provisions of such articles. 9 (ee) "Affiliate" means any off-track betting corporation, professional 10 sports stadium or arena, automobile racing facility that hosts a 11 national association for stock car auto racing national touring race, 12 franchised corporation, thoroughbred racing corporation or other race 13 track licensed pursuant to this chapter, or an operator of video lottery 14 gaming at Aqueduct licensed pursuant to section sixteen hundred seven- 15 teen-a of the tax law, which has an affiliate agreement with a mobile 16 sports wagering operator pursuant to section thirteen hundred sixty-sev- 17 en-a of this title. 18 (ff) "Fixed odds sports wagering agreement" means an agreement between 19 a mobile sports wagering operator or mobile sports wagering licensee and 20 an entity that possesses a license awarded pursuant to article two or 21 three of this chapter that has the authority to conduct pari-mutuel 22 wagering on the form of racing involved in the relevant horse racing 23 event and subject to the approval of the commission. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06819-01-3A. 3562 2 1 § 2. Paragraph (s) of subdivision 1 of section 1367 of the racing, 2 pari-mutuel wagering and breeding law, as amended by section 3 of part Y 3 of chapter 59 of the laws of 2021, is amended to read as follows: 4 (s) "Prohibited sports event" means (i) a sport or athletic event in 5 which any New York college team participates regardless of where the 6 event takes place, [or] (ii) a high school sport or athletic event, or 7 (iii) a horse racing event. [The] Notwithstanding the foregoing, the 8 following shall not be considered prohibited sports events: [(i)] a 9 collegiate tournament, [and (ii)] a sports event within such tournament 10 so long as no New York college team is participating in that particular 11 sports event, and a horse racing event that is offered pursuant to a 12 fixed odds sports wagering agreement; 13 § 3. Subdivision 2 of section 1367 of the racing, pari-mutuel wager- 14 ing and breeding law is amended by adding a new paragraph (e-1) to read 15 as follows: 16 (e-1)(i)(1) A mobile sports wagering operator or mobile sports wager- 17 ing licensee may accept a fixed odds wager on a horse racing event if 18 such mobile sports wagering operator or mobile sports wagering licensee 19 has entered into a fixed odds sports wagering agreement with an entity 20 that has the authority to provide the content of such horse racing event 21 pursuant to article two or three of this chapter. In furtherance of any 22 fixed odds sports wagering agreement, an entity that holds a franchise 23 or license pursuant to article two of this chapter may only offer 24 content involving thoroughbred races and an entity that holds a license 25 pursuant to article three of this chapter may only offer content involv- 26 ing standardbred races. 27 (2) All fixed odds sports wagering agreements must be approved by the 28 commission prior to taking effect. Any content offered pursuant to an 29 approved fixed odds sports wagering agreement shall subsequently be made 30 available to any interested mobile sports wagering operator or mobile 31 sports wagering licensee on commercially reasonable terms, as determined 32 by the commission. 33 (ii) Any holder of a pari-mutuel wagering franchise or license pursu- 34 ant to article two or three of this chapter that enters into a fixed 35 odds sports wagering agreement shall separately maintain an agreement 36 with the applicable horsemen's association, setting forth the type of 37 wagers that may be placed on a horse racing event and the manner in 38 which revenue generated pursuant to the agreement or agreements with the 39 mobile sports wagering operator or mobile sports wagering licensee shall 40 be distributed. 41 § 4. Section 1367-a of the racing, pari-mutuel wagering and breeding 42 law is amended by adding a new subdivision 8 to read as follows: 43 8. (a) For purposes of this subdivision, an "affiliate agreement" 44 shall mean an agreement entered into between an affiliate and an opera- 45 tor, mobile sports wagering operator, or mobile sports wagering licensee 46 to locate self-service sports betting kiosks that are owned, operated 47 and maintained by the operator, mobile sports wagering operator, or 48 mobile sports wagering licensee, and connected via the internet to the 49 mobile sports wagering operator or licensee's server or other equipment 50 used to accept mobile sports wagers at a licensed gaming facility pursu- 51 ant to this section upon the premises of the affiliate. Authorized 52 sports bettors may place account wagers, place and redeem non-account 53 cash wagers, and deposit and withdraw account funds at such kiosks. 54 (b) All affiliate agreements shall be subject to regulations promul- 55 gated by the commission and must be approved by the commission prior to 56 taking effect. Any such affiliate agreement shall include a plan for theA. 3562 3 1 timely payment of liabilities due to the affiliate under the agreement; 2 provided, however, that such payment of liabilities related to a wager 3 shall take place no later than sixty days after a wager is received at a 4 kiosk; and provided further, that the commission shall not approve any 5 such agreement between a mobile sports wagering operator and a profes- 6 sional sports stadium or arena until six months after the effective date 7 of this paragraph. For purposes of this paragraph, "liabilities" shall 8 not include any potential winnings. 9 § 5. This act shall take effect on the ninetieth day after it shall 10 have become a law. Effective immediately, the addition, amendment and/or 11 repeal of any rule or regulation necessary for the implementation of 12 this act on its effective date are authorized to be made and completed 13 on or before such effective date.
