Bill Text: NY A06113 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for regulation of sports betting and mobile sports wagering; defines terms; implements a tax equivalent to eight and one-half percent of sports wagering gross revenue; requires reporting; provides for civil penalties for violations; makes related provisions.
Spectrum: Strong Partisan Bill (Democrat 28-2)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06113 Detail]
Download: New_York-2019-A06113-Amended.html
Bill Title: Provides for regulation of sports betting and mobile sports wagering; defines terms; implements a tax equivalent to eight and one-half percent of sports wagering gross revenue; requires reporting; provides for civil penalties for violations; makes related provisions.
Spectrum: Strong Partisan Bill (Democrat 28-2)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06113 Detail]
Download: New_York-2019-A06113-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6113--B 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ Introduced by M. of A. PRETLOW, TAGUE, SCHMITT, JOYNER, WOERNER, SANTA- BARBARA, LUPARDO, PHEFFER AMATO, DILAN, WEPRIN, PERRY, FALL, AUBRY, STIRPE, TAYLOR, DenDEKKER, BURKE -- Multi-Sponsored by -- M. of A. HEVESI, PICHARDO, D. ROSENTHAL, ROZIC, SIMOTAS, STERN, VANEL -- read once and referred to the Committee on Racing and Wagering -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the racing, pari-mutuel wagering and breeding law, in relation to regulation of sports betting 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 breed- 2 ing law, as added by chapter 174 of the laws of 2013, is amended to read 3 as follows: 4 § 1367. Sports wagering. 1. As used in this section: 5 (a) "Affiliate" means any off-track betting corporation, franchised 6 corporation, or race track licensed pursuant to this chapter, an opera- 7 tor of video lottery gaming at Aqueduct licensed pursuant to section 8 sixteen hundred seventeen-a of the tax law, which has an affiliate 9 agreement with a casino pursuant to section thirteen hundred sixty-sev- 10 en-a of this title. In a county that does not have an "affiliate", any 11 professional sports stadium or arena in that county may serve as an 12 affiliate; 13 (b) "Agent" means an entity that is party to a contract with a casino 14 authorized to operate a sports pool and is approved by the commission to 15 operate a sports pool on behalf of such casino; 16 (c) "Authorized sports bettor" means an individual who is physically 17 present in this state when placing a sports wager, who is not a prohib- 18 ited sports bettor, that participates in sports wagering offered by a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05498-13-9A. 6113--B 2 1 casino. All sports wagers placed in accordance with this section are 2 considered placed or otherwise made when received by the operator at the 3 licensed gaming facility, regardless of the authorized sports bettor's 4 physical location at the time the sports wager is initiated. The inter- 5 mediate routing of electronic data in connection with mobile sports 6 wagering shall not determine the location or locations in which a wager 7 is initiated, received or otherwise made; 8 (d) "Brand" means the name and logo on the interface of a mobile 9 application or internet website accessed via a mobile device or computer 10 which authorized sports bettors use to access a sports betting platform; 11 (e) "Casino" means a licensed gaming facility at which gambling is 12 conducted pursuant to the provisions of this article; 13 [(b)] (f) "Commission" means the commission established pursuant to 14 section one hundred two of this chapter; 15 [(c)] (g) "Collegiate sport or athletic event" means a sport or 16 athletic event offered or sponsored by or played in connection with a 17 public or private institution that offers educational services beyond 18 the secondary level; 19 [(d)] (h) "Exchange wagering" means a form of wagering in which an 20 authorized sports bettor, on the one hand, and one or more authorized 21 sports bettors, a casino or an agent or an operator, on the other hand 22 place identically opposing sports wagers on an exchange operated by a 23 casino or an agent or an operator; 24 (i) "Global risk management" means the direction, management, consul- 25 tation and/or instruction for purposes of managing risks associated with 26 sports wagering conducted pursuant to this section and includes the 27 setting and adjustment of betting lines, point spreads, or odds and 28 whether to place layoff bets as permitted by this section; 29 (j) "High school sport or athletic event" means a sport or athletic 30 event offered or sponsored by or played in connection with a public or 31 private institution that offers education services at the secondary 32 level; 33 (k) "Horse racing event" means any sport or athletic event conducted 34 in New York state subject to the provisions of articles two, three, 35 four, five, six, nine, ten and eleven of this chapter, or any sport or 36 athletic event conducted outside of New York state, which if conducted 37 in New York state would be subject to the provisions of this chapter; 38 (l) "In-play sports wager" means a sports wager placed on a sports 39 event after the sports event has begun and before it ends; 40 (m) "Layoff bet" means a sports wager placed by a casino sports pool 41 with another casino sports pool; 42 (n) "Minor" means any person under the age of twenty-one years; 43 (o) "Mobile sports wagering platform" or "platform" means the combina- 44 tion of hardware, software, and data networks used to manage, adminis- 45 ter, or control sports wagering and any associated wagers accessible by 46 any electronic means including mobile applications and internet websites 47 accessed via a mobile device or computer; 48 (p) "Official league data" means statistics, results, outcomes, and 49 other data relating to a sporting event that have been obtained from the 50 relevant sports governing body or an entity expressly authorized by the 51 sports governing body to provide such information to casinos; 52 (q) "Operator" means a casino which has elected to operate a sports 53 pool (or agent of such casino) or an Indian Tribe (or an agent of such 54 Indian Tribe) that has entered into a tribal-state gaming compact in 55 accordance with the Indian Gaming Regulatory Act 25 U.S.C. 2710, that is 56 in effect and has been ratified by the state and has entered into aA. 6113--B 3 1 sports wagering agreement pursuant to section thirteen hundred sixty- 2 seven-a of this title; 3 [(e)] (r) "Professional sport or athletic event" means an event at 4 which two or more persons participate in sports or athletic events and 5 receive compensation in excess of actual expenses for their partic- 6 ipation in such event; 7 (s) "Professional sports stadium or arena" means a venue that regular- 8 ly hosts professional sports events, as defined in this section; 9 [(f)] (t) "Prohibited sports bettor" means: 10 (i) any officer or employee of the commission; 11 (ii) any principal or key employee of a casino or operator, except as 12 may be permitted by the commission for good cause shown; 13 (iii) any casino gaming or non-gaming employee at the casino that 14 employs such person and at any operator that has an agreement with that 15 casino; 16 (iv) any contractor, subcontractor, or consultant, or officer or 17 employee of a contractor, subcontractor, or consultant, of a casino if 18 such person is directly involved in the operation or observation of 19 sports wagering, or the processing of sports wagering claims or 20 payments; 21 (v) Any person subject to a contract with the commission if such 22 contract contains a provision prohibiting such person from participating 23 in sports wagering; 24 (vi) Any spouse, child, brother, sister or parent residing as a member 25 of the same household in the principal place of abode of any of the 26 foregoing persons at the same casino where the foregoing person is 27 prohibited from participating in sports wagering; 28 (vii) any individual with access to non-public confidential informa- 29 tion about sports wagering; 30 (viii) any amateur or professional athlete if the sports wager is 31 based on any sport or athletic event overseen by the athlete's sports 32 governing body; 33 (ix) any sports agent, owner or employee of a team, player and umpire 34 union personnel, and employee referee, coach or official of a sports 35 governing body, if the sports wager is based on any sport or athletic 36 event overseen by the individual's sports governing body; 37 (x) any individual placing a wager as an agent or proxy for an other- 38 wise prohibited sports bettor; or 39 (xi) any minor; 40 (u) "Prohibited sports event" means any collegiate sport or athletic 41 event that takes place in New York or a sport or athletic event in which 42 any New York college team participates regardless of where the event 43 takes place, or high school sport or athletic event; 44 [(g)] (v) "Registered sports governing body" means a sports governing 45 body that is headquartered in the United States and who has registered 46 with the commission to receive royalty fee revenue in such form as the 47 commission may require; 48 (w) "Sports event" means any professional sport or athletic event and 49 any collegiate sport or athletic event, except a prohibited sports event 50 or a horse racing event; 51 [(h)] (x) "Sports governing body" means the organization that 52 prescribes final rules and enforces codes of conduct with respect to a 53 sporting event and participants therein; 54 (y) "Sports pool" means the business of accepting wagers on any sports 55 event by any system or method of wagering; [andA. 6113--B 4 1(i)] (z) "Sports wager" means cash or cash equivalent that is paid by 2 an authorized sports bettor to a casino to participate in sports wager- 3 ing offered by such casino; 4 (aa) "Sports wagering" means wagering on sporting events or any 5 portion thereof, or on the individual performance statistics of athletes 6 participating in a sporting event, or combination of sporting events, by 7 any system or method of wagering, including, but not limited to, in-per- 8 son communication and electronic communication through internet websites 9 accessed via a mobile device or computer and mobile device applications. 10 Any wager through electronic communication shall be deemed to take place 11 at the physical location of the server or other equipment used by an 12 operator to accept mobile sports wagering, regardless of the authorized 13 sports bettor's physical location within the state at the time the wager 14 is initiated. The term "sports wagering" shall include, but is not 15 limited to, single-game bets, teaser bets, parlays, over-under bets, 16 money line, pools, exchange wagering, in-game wagering, in-play bets, 17 proposition bets and straight bets; 18 (bb) "Sports wagering gross revenue" means: (i) the amount equal to 19 the total of all sports wagers not attributable to prohibited sports 20 events that an operator collects from all players, less the total of all 21 sums not attributable to prohibited sports events paid out as winnings 22 to all sports bettors, however, that the total of all sums paid out as 23 winnings to sports bettors shall not include the cash equivalent value 24 of any merchandise or thing of value awarded as a prize, or (ii) in the 25 case of exchange wagering pursuant to this section, the commission on 26 winning sports wagers by authorized sports bettors retained by the oper- 27 ator. The issuance to or wagering by authorized sports bettors at a 28 casino of any promotional gaming credit shall not be taxable for the 29 purposes of determining sports wagering gross revenue; 30 (cc) "Sports wagering lounge" means an area wherein a sports pool is 31 operated; 32 (dd) "Tier one sports wager" means a sports wager that is determined 33 solely by the final score or final outcome of the sports event; 34 (ee) "Tier two sports wager" means an in-play sports wager that is not 35 a tier one sports wager; 36 (ff) "Tier three sports wager" means a sports wager that is neither a 37 tier one nor a tier two sports wager; and 38 (gg) "Indian Tribe" means an Indian Tribe (or an agent of such tribe) 39 that has entered into a tribal-state gaming compact in accordance with 40 the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, 41 inclusive, and 25 U.S.C. Sec. 2701 et seq.) which has been ratified by 42 the state. 43 2. [No gaming facility may conduct sports wagering until such time as44there has been a change in federal law authorizing such or upon a ruling45of a court of competent jurisdiction that such activity is lawful.463.] (a) In addition to authorized gaming activities, a [licensed47gaming facility] casino may [when authorized by subdivision two of this48section] operate a sports pool upon the approval of the commission and 49 in accordance with the provisions of this section and applicable regu- 50 lations promulgated pursuant to this article. The commission shall hear 51 and decide promptly and in reasonable order all applications for a 52 license to operate a sports pool, shall have the general responsibility 53 for the implementation of this section and shall have all other duties 54 specified in this section with regard to the operation of a sports pool. 55 The license to operate a sports pool shall be in addition to any other 56 license required to be issued to operate a [gaming facility] casino. NoA. 6113--B 5 1 license to operate a sports pool shall be issued by the commission to 2 any entity unless it has established its financial stability, integrity 3 and responsibility and its good character, honesty and integrity. 4 No later than five years after the date of the issuance of a license 5 and every five years thereafter or within such lesser periods as the 6 commission may direct, a licensee shall submit to the commission such 7 documentation or information as the commission may by regulation 8 require, to demonstrate to the satisfaction of the executive director of 9 the commission that the licensee continues to meet the requirements of 10 the law and regulations. 11 (b) As a condition of licensure the commission shall require that each 12 agent authorized to conduct sports wagering pay a one-time fee of twelve 13 million dollars. Such fee shall be paid within thirty days of gaming 14 commission approval prior to license issuance and deposited into the 15 commercial gaming revenue fund established pursuant to section thirteen 16 hundred fifty-two of this article. 17 (c) A sports pool shall be operated in a sports wagering lounge 18 located at a casino. The lounge shall conform to all requirements 19 concerning square footage, design, equipment, security measures and 20 related matters which the commission shall by regulation prescribe. 21 [(c)] (d) The operator of a sports pool shall establish or display the 22 odds at which wagers may be placed on sports events. 23 [(d)] (e) An operator shall accept wagers on sports events only from 24 persons physically present in the sports wagering lounge, or through 25 mobile sports wagering offered pursuant to section thirteen hundred 26 sixty-seven-a of this title. A person placing a wager shall be at least 27 twenty-one years of age. 28 [(e)] (f) An operator may also accept layoff bets as long as the 29 authorized sports pool places such wagers with another authorized sports 30 pool or pools in accordance with regulations of the commission. A sports 31 pool that places a layoff bet shall inform the sports pool accepting the 32 wager that the wager is being placed by a sports pool and shall disclose 33 its identity. 34 (g) An operator may utilize global risk management pursuant to the 35 approval of the commission. 36 (h) An operator shall not admit into the sports wagering lounge, or 37 accept wagers from, any person whose name appears on the exclusion list. 38 [(f)] (i) The holder of a license to operate a sports pool may 39 contract with [an entity] an agent to conduct any or all aspects of that 40 operation, or the operation of mobile sports wagering offered pursuant 41 to section thirteen hundred sixty-seven-a of this title, including but 42 not limited to brand, marketing and customer service, in accordance with 43 the regulations of the commission. [That entity] Each agent shall obtain 44 a license as a casino vendor enterprise prior to the execution of any 45 such contract, and such license shall be issued pursuant to the 46 provisions of section one thousand three hundred twenty-seven of this 47 article and in accordance with the regulations promulgated by the 48 commission. 49 [(g)] (j) If any provision of this article or its application to any 50 person or circumstance is held invalid, the invalidity shall not affect 51 other provisions or applications of this article which can be given 52 effect without the invalid provision or application, and to this end the 53 provisions of this article are severable. 54 [4.] 3. (a) All persons employed directly in wagering-related activ- 55 ities conducted within a sports wagering lounge shall be licensed as a 56 casino key employee or registered as a gaming employee, as determined byA. 6113--B 6 1 the commission. All other employees who are working in the sports wager- 2 ing lounge may be required to be registered, if appropriate, in accord- 3 ance with regulations of the commission. 4 (b) Each operator of a sports pool shall designate one or more casino 5 key employees who shall be responsible for the operation of the sports 6 pool. At least one such casino key employee shall be on the premises 7 whenever sports wagering is conducted. 8 [5.] 4. Except as otherwise provided by this article, the commission 9 shall have the authority to regulate sports pools and the conduct of 10 sports wagering under this article to the same extent that the commis- 11 sion regulates other gaming. No casino shall be authorized to operate a 12 sports pool unless it has produced information, documentation, and 13 assurances concerning its financial background and resources, including 14 cash reserves, that are sufficient to demonstrate that it has the finan- 15 cial stability, integrity, and responsibility to operate a sports pool. 16 In developing rules and regulations applicable to sports wagering, the 17 commission shall examine the regulations implemented in other states 18 where sports wagering is conducted and shall, as far as practicable, 19 adopt a similar regulatory framework. The commission shall promulgate 20 regulations necessary to carry out the provisions of this section, 21 including, but not limited to, regulations governing the: 22 (a) amount of cash reserves to be maintained by operators to cover 23 winning wagers; 24 (b) acceptance of wagers on a series of sports events; 25 (c) maximum wagers which may be accepted by an operator from any one 26 patron on any one sports event; 27 (d) type of wagering tickets which may be used; 28 (e) method of issuing tickets; 29 (f) method of accounting to be used by operators; 30 (g) types of records which shall be kept; 31 (h) use of credit and checks by [patrons] authorized sports bettors; 32 (i) the process by which a casino may place a layoff bet; 33 (j) the use of global risk management; 34 (k) type of system for wagering; and 35 [(j)] (l) protections for a person placing a wager. 36 [6.] 5. Each operator shall adopt comprehensive house rules governing 37 sports wagering transactions with its [patrons] authorized sports 38 bettors. The rules shall specify the amounts to be paid on winning 39 wagers and the effect of schedule changes. The house rules, together 40 with any other information the commission deems appropriate, shall be 41 conspicuously displayed in the sports wagering lounge and included in 42 the terms and conditions of the account wagering system, and copies 43 shall be made readily available to [patrons] authorized sports bettors. 44 6. (a) Each casino that offers sports wagering shall annually submit a 45 report to the commission no later than the twenty-eighth of February of 46 each year, which shall include the following information: 47 (i) the total amount of sports wagers received from authorized sports 48 bettors; 49 (ii) the total amount of prizes awarded to authorized sports bettors; 50 (iii) the total amount of sports wagering gross revenue received by 51 the casino; 52 (iv) the total amount contributed in sports betting royalty revenue 53 pursuant to subdivision eight of this section; 54 (v) the total amount of wagers received on each sports governing 55 body's sporting events; 56 (vi) the number of accounts held by authorized sports bettors;A. 6113--B 7 1 (vii) the total number of new accounts established in the preceding 2 year, as well as the total number of accounts permanently closed in the 3 preceding year; 4 (viii) the total number of authorized sports bettors that requested to 5 exclude themselves from sports wagering; and 6 (ix) any additional information that the commission deems necessary to 7 carry out the provisions of this article. 8 (b) Upon the submission of such annual report, to such extent that the 9 commission deems it to be in the public interest, the commission shall 10 be authorized to conduct a financial audit of any casino, at any time, 11 to ensure compliance with this article. 12 (c) The commission shall annually publish a report based on the aggre- 13 gate information provided by all casinos pursuant to paragraph (a) of 14 this subdivision, which shall be published on the commission's website 15 no later than one hundred eighty days after the deadline for the 16 submission of individual reports as specified in such paragraph (a). 17 7. (a) Within thirty days of the end of each calendar quarter, a casi- 18 no offering sports wagering shall remit to the commission a sports 19 wagering royalty fee of one-fifth (.20) of one percent of the amount 20 wagered on sports events conducted by registered sports governing 21 bodies. The fee shall be remitted on a form as the commission may 22 require, on which the casino shall identify the percentage of wagering 23 during the reporting period attributable to each registered sport 24 governing body's sports events. 25 (b) No later than the thirtieth of April of each year, a registered 26 sports governing body may submit a claim for disbursement of the royalty 27 fee funds remitted by casinos in the previous calendar year on their 28 respective sports events. Within thirty days of submitting its claim 29 for disbursement, the registered sports governing body shall meet with 30 the commission to provide the commission with evidence of policies, 31 procedures and training programs it has implemented to protect the 32 integrity of its sports events. 33 (c) Within thirty days of its meeting with the registered sports 34 governing body, the commission shall approve a timely claim for 35 disbursement. 36 (d) Before any registered sports governing body may receive any such 37 disbursement of the royalty fee funds, such sports governing body shall 38 have in place procedures or processes that address the protection of 39 athletes, players, umpires, referees, club officials and personnel or 40 officials of such sports league and members of their families and asso- 41 ciates from physical attacks, verbal threats, or other forms of harass- 42 ment occurring in the workplace or elsewhere. 43 8. For the privilege of conducting sports wagering in the state, casi- 44 nos shall pay a tax equivalent to eight and one-half percent of their 45 sports wagering gross revenue, excluding sports wagering gross revenue 46 attributed to mobile sports wagering offered pursuant to section thir- 47 teen hundred sixty-seven-a of this title. Casinos shall pay a tax equiv- 48 alent of twelve percent of their sports wagering gross revenue attri- 49 buted to mobile sports wagering offered pursuant to section thirteen 50 hundred sixty-seven-a of this title. 51 9. The commission shall pay into the commercial gaming revenue fund 52 established pursuant to section ninety-seven-nnnn of the state finance 53 law eighty-five percent of the state tax imposed by this section; any 54 interest and penalties imposed by the commission relating to those 55 taxes; all penalties levied and collected by the commission; and the 56 appropriate funds, cash or prizes forfeited from sports wagering. TheA. 6113--B 8 1 commission shall pay into the commercial gaming fund five percent of the 2 state tax imposed by this section to be distributed for problem gambling 3 education and treatment purposes pursuant to paragraph a of subdivision 4 four of section ninety-seven-nnnn of the state finance law. The commis- 5 sion shall pay into the commercial gaming fund five percent of the state 6 tax imposed by this section to be distributed for the cost of regulation 7 pursuant to paragraph c of subdivision four of section ninety-seven-nnnn 8 of the state finance law. The commission shall pay into the commercial 9 gaming fund five percent of the state tax imposed by this section to be 10 distributed in the same formula as market origin credits pursuant to 11 section one hundred fifteen-b of this chapter. The commission shall 12 require at least monthly deposits by the casino of any payments pursuant 13 to subdivision eight of this section, at such times, under such condi- 14 tions, and in such depositories as shall be prescribed by the state 15 comptroller. The deposits shall be deposited to the credit of the state 16 commercial gaming revenue fund. The commission shall require a monthly 17 report and reconciliation statement to be filed with it on or before the 18 tenth day of each month, with respect to gross revenues and deposits 19 received and made, respectively, during the preceding month. 20 10. The commission may perform audits of the books and records of a 21 casino, at such times and intervals as it deems appropriate, for the 22 purpose of determining the sufficiency of tax payments. If a return 23 required with regard to obligations imposed is not filed, or if a return 24 when filed or is determined by the commission to be incorrect or insuf- 25 ficient with or without an audit, the amount of tax due shall be deter- 26 mined by the commission. Notice of such determination shall be given to 27 the casino liable for the payment of the tax. Such determination shall 28 finally and irrevocably fix the tax unless the casino against whom it is 29 assessed, within thirty days after receiving notice of such determi- 30 nation, shall apply to the commission for a hearing in accordance with 31 the regulations of the commission. 32 11. Nothing in this section shall apply to interactive fantasy sports 33 offered pursuant to article fourteen of this chapter. Nothing in this 34 section authorizes any entity that conducts interactive fantasy sports 35 offered pursuant to article fourteen of this chapter to conduct sports 36 wagering unless it separately qualifies for, and obtains, authorization 37 pursuant to this section. 38 12. A casino that is also licensed under article three of this chap- 39 ter, and must maintain racing pursuant to paragraph (b) of subdivision 40 one of section thirteen hundred fifty-five of this chapter, shall be 41 allowed to offer pari-mutuel wagering on horse racing events in accord- 42 ance with their license under article three of this chapter. Notwith- 43 standing subparagraph (ii) of paragraph c of subdivision two of section 44 one thousand eight of this chapter, a casino located in the city of 45 Schenectady shall be allowed to offer pari-mutuel wagering on horse 46 racing events, provided such wagering is conducted by the regional off- 47 track betting corporation in such region as the casino is located. Any 48 other casino shall be allowed to offer pari-mutuel wagering on horse 49 racing events, provided such wagering is conducted by the regional off- 50 track betting corporation in such region as the casino is located. Any 51 physical location where pari-mutuel wagering on horse racing events is 52 offered by a casino and conducted by a regional off-track betting corpo- 53 ration in accordance with this subdivision shall be deemed to be a 54 branch location of the regional off-track betting corporation in accord- 55 ance with section one thousand eight of this chapter. Mobile sports 56 betting kiosks located on the premises of affiliates in accordance withA. 6113--B 9 1 paragraph (d) of subdivision five of section thirteen hundred sixty-sev- 2 en-a of this chapter shall not be allowed to offer pari-mutuel wagering 3 on horse racing events. 4 13. A sports governing body may notify the commission that it desires 5 to restrict, limit, or exclude wagering on its sporting events by 6 providing notice in the form and manner as the commission may require. 7 Upon receiving such notice, the commission shall review the request in 8 good faith, seek input from the casinos on such a request, and if the 9 commission deems it appropriate, promulgate regulations to restrict such 10 sports wagering. If the commission denies a request, the sports govern- 11 ing body shall be afforded notice and the right to be heard and offer 12 proof in opposition to such determination in accordance with the regu- 13 lations of the commission. Offering or taking wagers contrary to 14 restrictions promulgated by the commission is a violation of this 15 section. In the event that the request is in relation to an emergency 16 situation, the executive director of the commission may temporarily 17 prohibit the specific wager in question until the commission has the 18 opportunity to issue temporary regulations addressing the issue. 19 14. (a) The commission shall designate the division of the state 20 police to have primary responsibility for conducting, or assisting the 21 commission in conducting, investigations into abnormal betting activity, 22 match fixing, and other conduct that corrupts a betting outcome of a 23 sporting event or events for purposes of financial gain. 24 (b) Casinos shall maintain records of sports wagering operations in 25 accordance with regulations promulgated by the commission. These regu- 26 lations shall, at a minimum, require a casino to adopt procedures to 27 obtain personally identifiable information from any individual who plac- 28 es any single wager in an amount of ten thousand dollars or greater. 29 (c) The commission shall cooperate with a sports governing body and 30 casinos to ensure the timely, efficient, and accurate sharing of infor- 31 mation. 32 (d) The commission and casinos shall cooperate with investigations 33 conducted by sports governing bodies or law enforcement agencies, 34 including but not limited to providing or facilitating the provision of 35 account-level betting information and audio or video files relating to 36 persons placing wagers; provided, however, that the casino be required 37 to share any personally identifiable information of an authorized sports 38 bettor with a sports governing body only pursuant to an order to do so 39 by the commission or a law enforcement agency or court of competent 40 jurisdiction. 41 (e) Casinos shall promptly report to the commission any information 42 relating to: 43 (i) criminal or disciplinary proceedings commenced against the casino 44 in connection with its operations; 45 (ii) abnormal betting activity or patterns that may indicate a concern 46 with the integrity of a sporting event or events; 47 (iii) any potential breach of the relevant sports governing body's 48 internal rules and codes of conduct pertaining to sports wagering, as 49 they have been provided by the sports governing body to the casino; 50 (iv) any other conduct that corrupts a betting outcome of a sporting 51 event or events for purposes of financial gain, including match fixing; 52 and 53 (v) suspicious or illegal wagering activities, including use of funds 54 derived from illegal activity, wagers to conceal or launder funds 55 derived from illegal activity, using agents to place wagers, using 56 confidential non-public information, and using false identification.A. 6113--B 10 1 The commission shall also promptly report information relating to 2 conduct described in subparagraphs (ii), (iii) and (iv) of this para- 3 graph to the relevant sports governing body. 4 (f) Casinos shall maintain the confidentiality of information provided 5 by a sports governing body to the casino, unless disclosure is required 6 by this section, the commission, other law, or court order. 7 (g) The commission, by regulation, may authorize and promulgate any 8 rules necessary to implement agreements with other states, or authorized 9 agencies thereof to enable the sharing of information to facilitate 10 integrity monitoring and the conduct of investigations into abnormal 11 betting activity, match fixing, and other conduct that corrupts a 12 betting outcome of a sporting event or events for purposes of financial 13 gain. 14 (h) The commission shall study the potential for the creation of an 15 interstate database of all sports wagering information for the purpose 16 of integrity monitoring, and shall create a final report regarding all 17 findings and recommendations to be delivered upon completion of all 18 objectives described herein, but in no event later than March first, two 19 thousand twenty, to the governor, the speaker of the assembly and the 20 temporary president of the senate. 21 15. (a) Casinos shall use whatever data source they deem appropriate 22 for determining the result of sports wagering involving tier one sports 23 wagers. 24 (b) Casinos shall only use official league data in all sports wagering 25 involving tier two sports wagers, if the relevant sports governing body 26 possesses a feed of official league data, and makes such feed available 27 for purchase by the casinos on commercially reasonable terms as deter- 28 mined by the commission. 29 (c) A sports governing body may notify the commission that it desires 30 to require casinos to use official league data in sports wagering 31 involving specific tier three sports wagers by providing notice in the 32 form and manner as the commission may require. Upon receiving such 33 notice, the commission shall review the request, seek input from the 34 casinos on such a request, and if the commission deems it appropriate, 35 promulgate regulations to require casinos to use official league data on 36 sports wagering involving such tier three sports wagers if the relevant 37 sports governing body possesses a feed of official league data, and 38 makes such feed available for purchase by the casinos on commercially 39 reasonable terms as determined by the commission. 40 (d) When determining whether or not a supplier of official league data 41 is offering commercially reasonable terms, the commission shall consider 42 the amount charged by the supplier of official league data to gaming 43 operators in other jurisdictions. This information shall be provided to 44 the commission by the supplier of official league data upon request of 45 the commission. Any entity providing data to a casino for the purpose of 46 tier two sports wagers, other than a supplier of official league data, 47 shall obtain a license as a casino vendor enterprise and such license 48 shall be issued pursuant to the provisions of section thirteen hundred 49 twenty-seven of this article and in accordance with the regulations 50 promulgated by the commission. 51 (e) No casino shall enter into an agreement with a sports governing 52 body or an entity expressly authorized to distribute official league 53 data to be the exclusive recipient of their official league data. 54 (f) The commission shall promulgate regulations to allow an authorized 55 sports bettor to file a complaint alleging an underpayment or non-pay- 56 ment of a winning sports wager. Any such regulations shall provide thatA. 6113--B 11 1 the commission utilize the statistics, results, outcomes, and other data 2 relating to a sporting event that have been obtained from the relevant 3 sports governing body in determining the validity of such claim. 4 16. A casino shall not permit sports wagering by anyone they know, or 5 should have known, to be a prohibited sports bettor. 6 17. Sports wagering conducted pursuant to the provisions of this 7 section is hereby authorized. 8 18. The commission shall promulgate rules that require an operator to 9 implement responsible gaming programs that include comprehensive employ- 10 ee trainings on responding to circumstances in which individuals present 11 signs of a gambling addiction and requirements for casinos and operators 12 under section thirteen hundred sixty-seven-a of this title to assess, 13 prevent, and address problem gaming by users under the age of thirty. 14 The commission shall establish a hotline or other method of communi- 15 cation that will allow any person to confidentially report information 16 about prohibited conduct to the commission. The commission shall promul- 17 gate rules governing the investigation and resolution of a charge of any 18 person purported to have engaged in prohibited conduct. 19 19. The conduct of sports wagering in violation of this section is 20 prohibited. 21 20. (a) In addition to any criminal penalties provided for under arti- 22 cle two hundred twenty-five of the penal law, any person, firm, corpo- 23 ration, association, agent, or employee, who is not authorized to offer 24 sports wagering under this section or section thirteen hundred sixty- 25 seven-a of this title, and who knowingly offers or attempts to offer 26 sports wagering or mobile sports wagering in New York shall be liable 27 for a civil penalty of not more than one hundred thousand dollars for 28 each violation, not to exceed five million dollars for violations aris- 29 ing out of the same transaction or occurrence, which shall accrue to the 30 state and may be recovered in a civil action brought by the commission. 31 (b) Any person, firm, corporation, association, agent, or employee who 32 knowingly violates any procedure implemented under this section, or 33 section thirteen hundred sixty-seven-a of this title, shall be liable 34 for a civil penalty of not more than five thousand dollars for each 35 violation, not to exceed fifty thousand dollars for violations arising 36 out of the same transaction or occurrence, which shall accrue to the 37 state and may be recovered in a civil action brought by the commission. 38 § 2. The racing, pari-mutuel wagering and breeding law is amended by 39 adding a new section 1367-a to read as follows: 40 § 1367-a. Mobile sports wagering. 1. (a) Except as provided in this 41 subdivision, the terms in this section shall have the same meanings as 42 such terms are defined in subdivision one of section thirteen hundred 43 sixty-seven of this title. 44 (b) "Operator" for purposes of this section, means a casino which has 45 elected to offer a mobile sports wagering platform, an Indian Tribe (or 46 agent of such Indian Tribe) that has entered into a tribal-state gaming 47 compact in accordance with the Indian Gaming Regulatory Act, 25 U.S.C. 48 2710, that is in effect and has been ratified by the state and has 49 entered into a sports wagering agreement to operate with the commission 50 pursuant to this section, or the agent of such licensed gaming facility 51 or such Indian Tribe. 52 2. (a) No casino shall administer, manage, or otherwise make available 53 a mobile sports wagering platform to persons located in New York state 54 unless registered with the commission pursuant to this section. A casino 55 may use one mobile sports wagering platform and brand provided that such 56 platform and brand has been reviewed and approved by the commission. AA. 6113--B 12 1 casino may contract with an independent operator to provide its mobile 2 sports wagering platform. 3 (b) Registrations issued by the commission shall remain in effect for 4 five years. The commission shall establish a process for renewal. 5 (c) The commission shall publish a list of all operators and casinos 6 registered to offer mobile sports wagering in New York state pursuant to 7 this section on the commission's website for public use. 8 3. In the event that a casino contracts with an operator to provide 9 its mobile sports wagering platform and brand, such operator shall 10 obtain a license as a casino vendor enterprise prior to the execution of 11 any such contract, and such license shall be issued pursuant to the 12 provisions of section thirteen hundred twenty-seven of this article and 13 in accordance with the regulations promulgated by the commission. 14 3-a. (a) As a condition of registration as an operator, each casino 15 shall agree, upon request of an Indian Tribe that has not entered into 16 an agreement for mobile sports wagering with another casino, to provide 17 a site for a mobile sports wagering server and related equipment for the 18 Indian Tribe as directed by the commission, at no cost to the Indian 19 Tribe except the direct and actual cost of hosting the server or other 20 equipment used by the Indian Tribe as determined by the commission. 21 (b) As a condition of registration as an operator in New York state, 22 an Indian Tribe shall enter into an agreement with the commission with 23 respect to mobile sports wagering: 24 (i) To follow the requirements imposed on casinos and operators under 25 this section and section thirteen hundred sixty-seven of this title with 26 respect to the Indian Tribe's mobile sports wagering; to adhere to the 27 regulations promulgated by the commission pursuant to this section with 28 respect to mobile sports wagering, and to submit to the commission's 29 enforcement of this section and section thirteen hundred sixty-seven of 30 this title and regulations promulgated thereunder with respect to mobile 31 sports wagering, including by waiving tribal sovereign immunity for the 32 sole and limited purpose of such enforcement. Nothing herein shall be 33 construed as requiring an Indian Tribe's agreement to adhere to the 34 requirements of section thirteen hundred sixty-seven of this title for 35 gaming conducted on tribal lands as a condition of offering mobile 36 sports wagering under this section; 37 (ii) To waive the Indian Tribe's exclusive geographic right to offer 38 and conduct mobile sports wagering, but not otherwise; 39 (iii) To remit payment to the state equal to tax on sports wagering 40 revenue imposed under section thirteen hundred sixty-seven of this title 41 with respect to mobile sports wagering; 42 (iv) Not to offer or to conduct mobile gaming other than mobile sports 43 wagering pursuant to this section unless such mobile gaming is otherwise 44 authorized by state or federal law; and 45 (v) To locate the server or other equipment used by the Indian Tribe 46 or its agent to accept mobile sports wagering at a casino as defined in 47 paragraph (d) of subdivision one of section thirteen hundred sixty-seven 48 of this title that has applied for and is eligible to register as an 49 operator of mobile sports wagering pursuant to this section and to pay 50 the actual cost of hosting the server or other equipment as determined 51 by the commission. 52 (c) All agreements entered into casinos and Indian Tribes with respect 53 to hosting mobile sports wagering platforms for an Indian Tribe: 54 (i) Must be approved by the commission prior to taking effect and 55 before registration of the casino or Indian Tribe as an operator under 56 this section;A. 6113--B 13 1 (ii) Must provide that the Indian Tribe may, at its sole discretion, 2 terminate the agreement and all commitments, undertakings and waivers 3 made by the Indian Tribe thereunder, except that the Indian Tribe's 4 waiver of its exclusive geographic right to offer and conduct mobile 5 sports wagering shall survive the termination of the agreement; 6 (iii) Shall be limited in applicability solely to the Indian Tribe's 7 operation of mobile sports betting and shall not extend to any other 8 operation or activity of the Indian Tribe; and 9 (iv) Shall not create any rights or privileges to any third party who 10 is not a party to the agreement, except that the commission shall have 11 the power to enforce the agreement including by revoking or suspending 12 the registration of a party that fails to comply with its obligations 13 under the agreement. 14 (d) No mobile sports wagering may be conducted within an Indian 15 Tribe's exclusive geographic area unless the Indian Tribe with exclusive 16 geographic right to that area is registered as an operator under this 17 section. Operators shall use geo-location and geo-fencing technology to 18 ensure that mobile sports wagering is not available to persons who are 19 physically located in an Indian Tribe's exclusive geographic area, 20 unless the Indian Tribe with exclusive geographic right to that area is 21 registered as an operator under this section. 22 3-b.(a) The commission shall promulgate regulations to implement the 23 provisions of this section, including: 24 (i) the development of the initial form of the application for regis- 25 tration; 26 (ii) responsible protections with regard to compulsive play safeguards 27 for fair play; 28 (iii) requiring that operators adopt controls to prevent minors from 29 creating accounts and placing wagers; 30 (iv) requiring that operators adopt controls to maintain the efficien- 31 cy of self-exclusion limits; and 32 (v) requiring that operators utilize commercially reasonable techno- 33 logical means of verifying account holders' identities. 34 (b) The commission shall prescribe the initial form of the application 35 for registration, for operators, which shall require, but not be limited 36 to: 37 (i) the full name and principal address of the operator; 38 (ii) if a corporation, the name of the state in which incorporated and 39 the full names and addresses of any partner, officer, director, share- 40 holder holding ten percent or more equity, and ultimate equitable 41 owners; 42 (iii) if a business entity other than a corporation, the full names 43 and addresses of the principals, partners, shareholders holding five 44 percent or more equity, and ultimate equitable owners; 45 (iv) whether such corporation or entity files information and reports 46 with the United States Securities and Exchange Commission as required by 47 section thirteen of the Securities Exchange Act of 1934, 15 U.S.C. §§ 48 78a-78kk; or whether the securities of the corporation or entity are 49 regularly traded on an established securities market in the United 50 States; 51 (v) the type and estimated number of contests to be conducted annual- 52 ly; and 53 (vi) a statement of the assets and liabilities of the operator. 54 (c) The commission may require the full names and addresses of the 55 officers and directors of any creditor of the operator, and of thoseA. 6113--B 14 1 stockholders who hold more than ten percent of the stock of the credi- 2 tor. 3 (d) Upon receipt of an application for registration for each individ- 4 ual listed on such application as an officer or director, the commission 5 shall submit to the division of criminal justice services a set of fing- 6 erprints, and the division of criminal justice services processing fee 7 imposed pursuant to subdivision eight-a of section eight hundred thir- 8 ty-seven of the executive law and any fee imposed by the federal bureau 9 of investigation. Upon receipt of the fingerprints, the division of 10 criminal justice services shall promptly forward a set of the individ- 11 ual's fingerprints to the federal bureau of investigation for the 12 purpose of a nationwide criminal history record check to determine 13 whether such individual has been convicted of a criminal offense in any 14 state other than New York or in a federal jurisdiction. The division of 15 criminal justice services shall promptly provide the requested criminal 16 history information to the commission. For the purposes of this section, 17 the term "criminal history information" shall mean a record of all 18 convictions of crimes and any pending criminal charges maintained on an 19 individual by the division of criminal justice services and the federal 20 bureau of investigation. All such criminal history information sent to 21 the commission pursuant to this subdivision shall be confidential and 22 shall not be published or in any way disclosed to persons other than the 23 commission, unless otherwise authorized by law. 24 (e) Upon receipt of criminal history information pursuant to paragraph 25 (d) of this subdivision, the commission shall make a determination to 26 approve or deny an application for registration; provided, however, that 27 before making a determination on such application, the commission shall 28 provide the subject of the record with a copy of such criminal history 29 information and a copy of article twenty-three-A of the correction law 30 and inform such prospective applicant seeking to be credentialed of his 31 or her right to seek correction of any incorrect information contained 32 in such criminal history information pursuant to the regulations and 33 procedures established by the division of criminal justice services. 34 The commission shall deny any application for registration, or suspend, 35 refuse to renew, or revoke any existing registration issued pursuant to 36 this article, upon the finding that the operator or registrant, or any 37 partner, officer, director, or shareholder: 38 (i) has knowingly made a false statement of material fact or has 39 deliberately failed to disclose any information required by the commis- 40 sion; 41 (ii) has had a gaming registration or license denied, suspended, or 42 revoked in any other state or country for just cause; 43 (iii) has legally defaulted in the payment of any obligation or debt 44 due to any state or political subdivision; or 45 (iv) has at any time knowingly failed to comply with any requirement 46 outlined in this section, any other provision of this article, any regu- 47 lations promulgated by the commission or any additional requirements of 48 the commission. 49 (f) All determinations to approve or deny an application pursuant to 50 this article shall be performed in a manner consistent with subdivision 51 sixteen of section two hundred ninety-six of the executive law and arti- 52 cle twenty-three-A of the correction law. When the commission denies an 53 application, the operator shall be afforded notice and the right to be 54 heard and offer proof in opposition to such determination in accordance 55 with the regulations of the commission.A. 6113--B 15 1 4. (a) As a condition of registration in New York state, each operator 2 shall implement the following measures: 3 (i) limit each authorized sports bettor to one active and continuously 4 used account on their platform, and prevent anyone they know, or should 5 have known to be a prohibited sports bettor from maintaining accounts or 6 participating in any sports wagering offered by such operator; 7 (ii) adopt appropriate safeguards to ensure, to a reasonable degree of 8 certainty, that authorized sports bettors are physically located within 9 the state when engaging in mobile sports betting; 10 (iii) prohibit minors from participating in any sports wagering, which 11 includes: 12 (1) if an operator becomes or is made aware that a minor has created 13 an account, or accessed the account of another, such operator shall 14 promptly, within no more than two business days, refund any deposit 15 received from the minor, whether or not the minor has engaged in or 16 attempted to engage in sports wagering; provided, however, that any 17 refund may be offset by any prizes already awarded; 18 (2) each operator shall provide parental control procedures to allow 19 parents or guardians to exclude minors from access to any sports wager- 20 ing or platform. Such procedures shall include a toll-free number to 21 call for help in establishing such parental controls; and 22 (3) each operator shall take appropriate steps to confirm that an 23 individual opening an account is not a minor; 24 (iv) when referencing the chances or likelihood of winning in adver- 25 tisements or upon placement of a sports wager, make clear and conspicu- 26 ous statements that are not inaccurate or misleading concerning the 27 chances of winning and the number of winners; 28 (v) enable authorized sports bettors to exclude themselves from sports 29 wagering and take reasonable steps to prevent such bettors from engaging 30 in sports wagering from which they have excluded themselves; 31 (vi) permit any authorized sports bettor to permanently close an 32 account registered to such bettor, on any and all platforms supported by 33 such operator, at any time and for any reason; 34 (vii) offer introductory procedures for authorized sports bettors, 35 that shall be prominently displayed on the main page of such operator 36 platform, that explain sports wagering; 37 (viii) implement measures to protect the privacy and online security 38 of authorized sports bettors and their accounts; 39 (ix) offer all authorized sports bettors access to his or her account 40 history and account details; 41 (x) ensure authorized sports bettors' funds are protected upon deposit 42 and segregated from the operating funds of such operator and otherwise 43 protected from corporate insolvency, financial risk, or criminal or 44 civil actions against such operator; 45 (xi) list on each website, in a prominent place, information concern- 46 ing assistance for compulsive play in New York state, including a toll- 47 free number directing callers to reputable resources containing further 48 information, which shall be free of charge; 49 (xii) ensure no sports wagering shall be based on a prohibited sports 50 event; 51 (xiii) permit account holders to establish self-exclusion gaming 52 limits on a daily, weekly, and monthly basis that enable the account 53 holder to identify the maximum amount of money an account holder may 54 deposit during such period of time; 55 (xiv) when an account holder's lifetime deposits exceed two thousand 56 five hundred dollars, the operator shall prevent any wagering until theA. 6113--B 16 1 patron immediately acknowledges, and acknowledges each year thereafter, 2 that the account holder has met the deposit threshold and may elect to 3 establish responsible gaming limits or close the account, and the 4 account holder has received disclosures from the operator concerning 5 problem gambling resources; 6 (xv) maintain a publicly accessible internet page dedicated to respon- 7 sible play, a link to which must appear on the operator's website and in 8 any mobile application or electronic platform on which a bettor may 9 place wagers. The responsible play page shall include: a statement of 10 the operator's policy and commitment to responsible gaming; information 11 regarding, or links to information regarding, the risks associated with 12 gambling and the potential signs of problem gaming; the availability of 13 self-imposed responsible gaining limits; a link to a problem gaming 14 webpage maintained by the office of alcohol and substance abuse 15 services; and such other information or statements as the commission may 16 require by rule; and 17 (xvi) submit annually a problem gaming plan to the commission that 18 includes: the objectives of and timetables for implementing the plan; 19 identification of the persons responsible for implementing and maintain- 20 ing the plan; procedures for identifying users with suspected or known 21 problem gaming behavior; procedures for providing information to users 22 concerning problem gaming identification and resources; procedures to 23 prevent gaming by minors and self-excluded persons; and such other prob- 24 lem gaming information as the commission may require by rule. 25 (b) Operators shall not directly or indirectly operate, promote, or 26 advertise any platform or sports wagering to persons located in New York 27 state unless registered pursuant to this article. 28 (c) Operators shall not offer any sports wagering based on any prohib- 29 ited sports event. 30 (d) Operators shall not permit sports wagering by anyone they know, or 31 should have known, to be a prohibited sports bettor. 32 (e) Advertisements for contests and prizes offered by an operator 33 shall not target prohibited sports bettors, minors, or self-excluded 34 persons. 35 (f) Operators shall prohibit the use of third-party scripts or script- 36 ing programs for any exchange wagering contest and ensure that measures 37 are in place to deter, detect and, to the extent reasonably possible, 38 prevent cheating, including collusion, and the use of cheating devices, 39 including use of software programs that submit exchange wagering sports 40 wagers unless otherwise approved by the commission. 41 (g) Operators shall develop and prominently display procedures on the 42 main page of such operator's platform for the filing of a complaint by 43 an authorized sports bettor against such operator. An initial response 44 shall be given by such operator to such bettor filing the complaint 45 within forty-eight hours. A complete response shall be given by such 46 operator to such bettor filing the complaint within ten business days. 47 An authorized sports bettor may file a complaint alleging a violation of 48 the provisions of this article with the commission. 49 (h) Operators shall maintain records of all accounts belonging to 50 authorized sports bettors and retain such records of all transactions in 51 such accounts for the preceding five years. 52 (i) The server or other equipment which is used by an operator to 53 accept mobile sports wagering shall be located in the licensed gaming 54 facility in accordance with regulations promulgated by the commission. 55 (j) All mobile sports wagering initiated in this state shall be deemed 56 to take place at the licensed gaming facility where the server or otherA. 6113--B 17 1 equipment used by an operator to accept mobile sports wagering is 2 located, regardless of the authorized sports bettor's physical location 3 within this state. 4 (k) All mobile sports wagering shall be conducted in compliance with 5 this section and section thirteen hundred sixty-seven of this title. 6 (l) Permit an Indian Tribe pursuant to paragraph (a) of subdivision 7 three-a of this section to place at the licensed gaming facility the 8 server or other equipment by which the Indian Tribe may accept mobile 9 sports wagering, and to make commercially reasonable accommodations as 10 may be necessary to place and operate the Indian Tribe's server or other 11 equipment. 12 5. (a) Subject to regulations promulgated by the commission, casinos 13 may enter into agreements with operators or affiliates to allow for 14 authorized bettors to sign up to create and fund accounts on mobile 15 sports wagering platforms offered by the casino. 16 (b) Authorized sports bettors may sign up to create their account on a 17 mobile sports wagering platform in person at a casino, or an affiliate, 18 or through an operators internet website accessed via a mobile device or 19 computer, or mobile device applications. 20 (c) Authorized sports bettors may deposit and withdraw funds in their 21 account on a mobile sports wagering platform in person at a casino, or 22 an affiliate, electronically recognized payment methods, or via any 23 other means approved by the commission. 24 (d) In accordance with regulations promulgated by the commission, 25 casinos may enter into agreements with affiliates to locate self-service 26 mobile sports betting kiosks, which are owned, operated and maintained 27 by the casino, and connected via the internet to the casino, upon the 28 premises of the affiliate. Authorized sports bettors may place account 29 wagers, and place and redeem non-account cash wagers, at such kiosks. 30 (e) All agreements entered into between casinos and affiliates in 31 relation to the provisions of this section shall be approved by the 32 commission prior to taking effect and shall include a plan for the time- 33 ly payment of liabilities due to the affiliate under the agreement; 34 provided, however, that the commission shall not approve any such agree- 35 ment between a casino and a racetrack licensed pursuant to this chapter 36 or an operator of video lottery gaming at Aqueduct licensed pursuant to 37 section one thousand six hundred seventeen-a of the tax law, until 38 twelve months after the effective date of this paragraph; and provided, 39 further, that the commission shall not approve any such agreement 40 between a casino and a professional sports stadium or arena, until twen- 41 ty months after the effective date of this paragraph. 42 6. The commission shall annually cause a report to be prepared and 43 distributed to the governor and the legislature on the impact of mobile 44 sports wagering on problem gamblers in New York. The report shall 45 include an assessment of problem gaming among persons under the age of 46 thirty. The report shall be prepared by a non-governmental organization 47 or entity with expertise in serving the needs of persons with gambling 48 addictions. The report shall be prepared and distributed under the 49 supervision of and in coordination with the commission. The costs asso- 50 ciated with the preparation and distribution of the report shall be 51 borne by operators and the commission shall be authorized to assess a 52 fee against operators for these purposes. The commission shall also 53 report periodically to the governor and the legislature on the effec- 54 tiveness of the statutory and regulatory controls in place to ensure the 55 integrity of mobile sports wagering operations.A. 6113--B 18 1 § 3. Section 104 of the racing, pari-mutuel wagering and breeding law 2 is amended by adding a new subdivision 24 to read as follows: 3 24. To regulate sports wagering in New York state. 4 § 4. Subdivision 15 of section 1401 of the racing, pari-mutuel wager- 5 ing and breeding law, as added by chapter 237 of the laws of 2016, is 6 amended to read as follows: 7 15. "Prohibited sports event" shall mean any [collegiate sport or8athletic event, any] high school sport or athletic event or any horse 9 racing event. 10 § 5. Severability clause. If any provision of this act or application 11 thereof shall for any reason be adjudged by any court of competent 12 jurisdiction to be invalid, such judgment shall not affect, impair, or 13 invalidate the remainder of the act, but shall be confined in its opera- 14 tion to the provision thereof directly involved in the controversy in 15 which the judgment shall have been rendered. 16 § 6. This act shall take effect immediately.
