STATE OF NEW YORK ________________________________________________________________________ 9118 IN SENATE June 20, 2018 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the racing, pari-mutuel, wagering and breeding law, in relation to establishing the task force on mobile sports wagering for the purpose of conducting certain hearings regarding mobile sports wagering and reporting its finding to the governor and the legislature The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1367 of the racing, pari-mutuel, wagering and 2 breeding law is amended by adding a new subdivision 7 to read as 3 follows: 4 7. Task force on mobile sports wagering. (a) As used in this section, 5 "mobile sports wagering platform" or "platform" means the combination of 6 hardware, software, and data networks used to facilitate, enable, 7 manage, administer, or control sports wagering and any associated wagers 8 accessible by any electronic means including mobile applications and 9 internet websites accessed via a mobile device or computer, or otherwise 10 facilitating or enabling sports wagering by use of a mobile device or 11 computer. 12 (b) Prior to allowing use of a mobile sports wagering platform or 13 otherwise facilitating or enabling sports wagering by use of a mobile 14 device or computer, other than from inside a facility as authorized by 15 this section, a task force consisting of thirteen members shall be 16 appointed as follows: the executive director of the state gaming commis- 17 sion or his/her designee, the director of the division of the budget or 18 his/her designee, the state lottery director or his/her designee, the 19 state comptroller or his/her designee, the state attorney general or 20 his/her designee, three persons appointed by the speaker of the assem- 21 bly, one person appointed by the minority leader in the assembly, three 22 persons appointed by the temporary president of the senate, and one 23 person appointed by the minority leader of the senate. After being duly 24 constituted, such task force shall elect a chairperson by a simple 25 majority. After being constituted, such task force shall promptly 26 conduct at least four public hearings, of which at least two shall occur EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16171-01-8S. 9118 2 1 in an OTB region containing a facility authorized by this section, 2 where, after proper notice of such hearing is given by such task force, 3 comments, opinions and testimony will be solicited from the general 4 public, interest groups, labor unions, and elected officials about any 5 of the following matters, and such other matters as a simple majority of 6 such task force may authorize: 7 (1) whether state constitution provisions permit any entity to use a 8 mobile sports wagering platform within the state; 9 (2) whether use of mobile sports wagering platforms would adversely 10 affect the tourism, business opportunities and employment at the exist- 11 ing casinos operating under this article; 12 (3) a determination of technical measures that can be required to 13 prevent minors using mobile sports wagering platforms, or prevent a 14 problem gambler from doing so; 15 (4) whether permitting use of mobile sports wagering platforms would 16 inadvertently eliminate prohibitions, state and federal, on other forms 17 of gambling over the internet; 18 (5) the extent of the cannibalization of revenues to the host communi- 19 ties of casinos operating pursuant to this article on January first, two 20 thousand eighteen, caused by use of mobile sports wagering platforms; 21 (6) the extent of the cannibalization to existing state and local 22 gambling revenue derived from thoroughbred and standard bred horse 23 racing entities, regional off-track betting corporations operating on 24 January first, two thousand eighteen, caused by use of mobile sports 25 wagering platforms; 26 (7) the extent of the cannibalization of existing state and local 27 lottery revenue caused by use of mobile sports wagering platforms; 28 (8) whether the privilege to use a mobile sports wagering platform by 29 a facility operating under this section is delegable to any other 30 person, firm, business or entity; 31 (9) whether the use of mobile sports wagering platforms would nega- 32 tively impact existing and future jobs by automating sports wagering; 33 and 34 (10) such other and further input from the public on subject matters 35 as a majority of the task force deems appropriate and necessary. 36 (c) The task force shall submit to the legislature and governor on or 37 before March first in the year following the effective date of this 38 subdivision its public policy recommendations regarding the use of 39 mobile sports wagering platforms at sites not operating under this 40 section, together with draft legislation implementing such policy recom- 41 mendations. 42 § 2. This act shall take effect immediately. Effective immediately the 43 addition, amendment and/or repeal of any rule or regulation necessary 44 for the implementation of this act on its effective date are authorized 45 to be made on or before such date.