Bill Text: NY S07536 | 2021-2022 | General Assembly | Amended
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: Bipartisan Bill
Status: (Introduced - Dead) 2022-02-14 - REPORTED AND COMMITTED TO FINANCE [S07536 Detail]
Download: New_York-2021-S07536-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7536--A 2021-2022 Regular Sessions IN SENATE November 19, 2021 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Racing, Gaming and Wagering in accordance with Senate Rule 6, sec. 8 -- 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13589-04-2S. 7536--A 2 1 wagering on the form of racing involved in the relevant horse racing 2 event and subject to the approval of the commission. 3 § 2. Paragraph (s) of subdivision 1 of section 1367 of the racing, 4 pari-mutuel wagering and breeding law, as amended by section 3 of part Y 5 of chapter 59 of the laws of 2021, is amended to read as follows: 6 (s) "Prohibited sports event" means (i) a sport or athletic event in 7 which any New York college team participates regardless of where the 8 event takes place, [or] (ii) a high school sport or athletic event, or 9 (iii) a horse racing event. [The] Notwithstanding the foregoing, the 10 following shall not be considered prohibited sports events: [(i)] a 11 collegiate tournament, [and (ii)] a sports event within such tournament 12 so long as no New York college team is participating in that particular 13 sports event, and a horse racing event that is offered pursuant to a 14 fixed odds sports wagering agreement; 15 § 3. Subdivision 2 of section 1367 of the racing, pari-mutuel wager- 16 ing and breeding law is amended by adding a new paragraph (e-1) to read 17 as follows: 18 (e-1)(i)(1) A mobile sports wagering operator or mobile sports wager- 19 ing licensee may accept a fixed odds wager on a horse racing event if 20 such mobile sports wagering operator or mobile sports wagering licensee 21 has entered into a fixed odds sports wagering agreement with an entity 22 that has the authority to provide the content of such horse racing event 23 pursuant to article two or three of this chapter. In furtherance of any 24 fixed odds sports wagering agreement, an entity that holds a franchise 25 or license pursuant to article two of this chapter may only offer 26 content involving thoroughbred races and an entity that holds a license 27 pursuant to article three of this chapter may only offer content involv- 28 ing standardbred races. 29 (2) All fixed odds sports wagering agreements must be approved by the 30 commission prior to taking effect. Any content offered pursuant to an 31 approved fixed odds sports wagering agreement shall subsequently be made 32 available to any interested mobile sports wagering operator or mobile 33 sports wagering licensee on commercially reasonable terms, as determined 34 by the commission. 35 (ii) Any holder of a pari-mutuel wagering franchise or license pursu- 36 ant to article two or three of this chapter that enters into a fixed 37 odds sports wagering agreement shall separately maintain an agreement 38 with the applicable horsemen's association, setting forth the type of 39 wagers that may be placed on a horse racing event and the manner in 40 which revenue generated pursuant to the agreement or agreements with the 41 mobile sports wagering operator or mobile sports wagering licensee shall 42 be distributed. 43 § 4. Section 1367-a of the racing, pari-mutuel wagering and breeding 44 law is amended by adding a new subdivision 8 to read as follows: 45 8. (a) For purposes of this subdivision, an "affiliate agreement" 46 shall mean an agreement entered into between an affiliate and an opera- 47 tor, mobile sports wagering operator, or mobile sports wagering licensee 48 to locate self-service sports betting kiosks that are owned, operated 49 and maintained by the operator, mobile sports wagering operator, or 50 mobile sports wagering licensee, and connected via the internet to the 51 mobile sports wagering operator or licensee's server or other equipment 52 used to accept mobile sports wagers at a licensed gaming facility pursu- 53 ant to this section upon the premises of the affiliate. Authorized 54 sports bettors may place account wagers, place and redeem non-account 55 cash wagers, and deposit and withdraw account funds at such kiosks.S. 7536--A 3 1 (b) All affiliate agreements shall be subject to regulations promul- 2 gated by the commission and must be approved by the commission prior to 3 taking effect. Any such affiliate agreement shall include a plan for the 4 timely payment of liabilities due to the affiliate under the agreement; 5 provided, however, that such payment of liabilities related to a wager 6 shall take place no later than sixty days after a wager is received at a 7 kiosk; and provided further, that the commission shall not approve any 8 such agreement between a mobile sports wagering operator and a profes- 9 sional sports stadium or arena until six months after the effective date 10 of this paragraph. For purposes of this paragraph, "liabilities" shall 11 not include any potential winnings. 12 § 5. This act shall take effect on the ninetieth day after it shall 13 have become a law. Effective immediately, the addition, amendment and/or 14 repeal of any rule or regulation necessary for the implementation of 15 this act on its effective date are authorized to be made and completed 16 on or before such effective date.