he loves collecting money but ignores ny const art 1 sec 3 and vague and indefinite ny pml sec 109
he bets catholic boy in the florida derby and tells bettors
at nassau otb that it is closed on frank stronach day
Sunday, April 1, 2018
| Track Code | Track Name | Entry | Scratch | 1st Post ET | 1st Post Local | Time Zone | Stakes Race(s) | Stakes Grade | T.V. Indicator |
|---|---|---|---|---|---|---|---|---|---|
| GG | GOLDEN GATE FIELDS | 48 | 24 | 3:45 PM | 12:45 PM | PDT | |||
| GP | GULFSTREAM PARK | 72 | 0 | 12:00 PM | 12:00 PM | EDT | |||
| SA | SANTA ANITA PARK | 72 | 24 | 3:30 PM | 12:30 PM | PDT | |||
| SUN | SUNLAND PARK | 120 | 0 |
S07900 Summary:
| BILL NO | S07900 |
| SAME AS | No Same As |
| SPONSOR | BONACIC |
| COSPNSR | FUNKE |
| MLTSPNSR | |
| Amd §§1367, 104 & 1401, add §1367-a, RWB L | |
| Relates to regulation of sports betting and mobile sports wagering; implements a tax equivalent to eight and one-half percent of sports wagering gross revenue to be paid to the commercial gaming revenue fund; requires reporting. | |
S07900 Actions:
| BILL NO | S07900 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/07/2018 | REFERRED TO RACING, GAMING AND WAGERING | |||||||||||||||||||||||||||||||||||||||||||||||||
S07900 Committee Votes:
Go to topS07900 Floor Votes:
There are no votes for this bill in this legislative session.Go to top
S07900 Memo:
Memo not availableGo to top
S07900 Text:
Go to top(b)] (e) "Commission" means the commission established pursuant to 25 section one hundred two of this chapter; 26 [(c)] (f) "Collegiate sport or athletic event" means a sport or 27 athletic event offered or sponsored by or played in connection with a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14923-02-8S. 7900 2 1 public or private institution that offers educational services beyond 2 the secondary level; 3 (g) "Global risk management" means the direction, management, consul- 4 tation and/or instruction for purposes of managing risks associated with 5 sports wagering conducted pursuant to this section and includes the 6 setting and adjustment of betting lines, point spreads, or odds and 7 whether to place layoff bets as permitted by this section; 8 [(d)] (h) "High school sport or athletic event" means a sport or 9 athletic event offered or sponsored by or played in connection with a 10 public or private institution that offers education services at the 11 secondary level; 12 (i) "Horse racing event" means any sport or athletic event conducted 13 in New York state subject to the provisions of articles two, three, 14 four, five, six, nine, ten and eleven of this chapter, or any sport or 15 athletic event conducted outside of New York state, which if conducted 16 in New York state would be subject to the provisions of this chapter; 17 (j) "In-play sports wager" means a sports wager placed on a sports 18 event after the sports event has begun and before it ends; 19 (k) "Layoff bet" means a sports wager placed by a casino sports pool 20 with another casino sports pool; 21 (l) "Minor" means any person under the age of twenty-one years; 22 (m) "Mobile sports wagering platform" or "platform" means the combina- 23 tion of hardware, software, and data networks used to manage, adminis- 24 ter, or control sports wagering and any associated wagers accessible by 25 any electronic means including mobile applications and internet 26 websites; 27 (n) "Official league data" means statistics, results, outcomes, and 28 other data relating to a sporting event that have been obtained from the 29 relevant sports governing body or an entity expressly authorized by the 30 sports governing body to provide such information to casinos; 31 (o) "Operator" means a casino which has elected to operate a sports 32 pool; 33 [(e)] (p) "Professional sport or athletic event" means an event at 34 which two or more persons participate in sports or athletic events and 35 receive compensation in excess of actual expenses for their partic- 36 ipation in such event; 37 (q) "Prohibited sports bettor" means: 38 (i) any officer or employee of the commission; 39 (ii) any principal or key employee of a casino or affiliate, except as 40 may be permitted by the commission for good cause shown; 41 (iii) any casino gaming or non-gaming employee at the casino that 42 employs such person and at any affiliate that has an agreement with that 43 casino; 44 (iv) any contractor, subcontractor, or consultant, or officer or 45 employee of a contractor, subcontractor, or consultant, of a casino if 46 such person is directly involved in the operation or observation of 47 sports wagering, or the processing of sports wagering claims or 48 payments; 49 (v) Any person subject to a contract with the commission if such 50 contract contains a provision prohibiting such person from participating 51 in sports wagering; 52 (vi) Any spouse, child, brother, sister or parent residing as a member 53 of the same household in the principal place of abode of any of the 54 foregoing persons at the same casino where the foregoing person is 55 prohibited from participating in sports wagering;S. 7900 3 1 (vii) any individual with access to non-public confidential informa- 2 tion about sports wagering; 3 (viii) any amateur or professional athlete if the sports wager is 4 based on any sport or athletic event overseen by the athlete's sports 5 governing body; 6 (ix) any sports agent, owner or employee of a team, player and umpire 7 union personnel, and employee referee, coach or official of a sports 8 governing body, if the sports wager is based on any sport or athletic 9 event overseen by the individual's sports governing body; 10 (x) any individual placing a wager as an agent or proxy for an other- 11 wise prohibited sports bettor; or 12 (xi) any minor; 13 [(f)] (r) "Prohibited sports event" means any [collegiate sport or14athletic event that takes place in New York or a sport or athletic event15in which any New York college team participates regardless of where the16event takes place] high school sport or athletic event; 17 [(g)] (s) "Sports event" means any professional sport or athletic 18 event and any collegiate sport or athletic event, except a prohibited 19 sports event or a horse racing event; 20 [(h)] (t) "Sports governing body" means the organization that 21 prescribes final rules and enforces codes of conduct with respect to a 22 sporting event and participants therein; 23 (u) "Sports pool" means the business of accepting wagers on any sports 24 event by any system or method of wagering; [and25(i)] (v) "Sports wager" means cash or cash equivalent that is paid by 26 an authorized sports bettor to a casino to participate in sports wager- 27 ing offered by such casino; 28 (w) "Sports wagering" means wagering on sporting events or any portion 29 thereof, or on the individual performance statistics of athletes partic- 30 ipating in a sporting event, or combination of sporting events, by any 31 system or method of wagering, including, but not limited to, in-person 32 communication and electronic communication through internet websites and 33 mobile device applications. The term "sports wagering" shall include, 34 but is not limited to, single-game bets, teaser bets, parlays, over-un- 35 der bets, moneyline, pools, exchange wagering, in-game wagering, in-play 36 bets, proposition bets and straight bets; 37 (x) "Sports wagering gross revenue" means: (i) the amount equal to the 38 total of all sports wagers not attributable to prohibited sports events 39 that an operator collects from all players, less the total of all sums 40 not attributable to prohibited sports events paid out as winnings to all 41 sports bettors, however, that the total of all sums paid out as winnings 42 to sports bettors shall not include the cash equivalent value of any 43 merchandise or thing of value awarded as a prize, or (ii) in the case of 44 exchange wagering pursuant to this section, the commission on winning 45 sports wagers by authorized sports bettors retained by the operator. The 46 issuance to or wagering by authorized sports bettors at a casino of any 47 promotional gaming credit shall not be taxable for the purposes of 48 determining sports wagering gross revenue; 49 (y) "Sports wagering lounge" means an area wherein a sports pool is 50 operated; 51 (z) "Tier one sports wager" means a sports wager that is determined 52 solely by the final score or final outcome of the sports event and 53 placed before the sports event has begun; 54 (aa) "Tier two sports wager" means an in-play sports wager; and 55 (bb) "Tier three sports wager" means a sports wager that is neither a 56 tier one nor a tier two sports wager.S. 7900 4 1 2. No gaming facility may conduct sports wagering until such time as 2 there has been a change in federal law authorizing such or upon a ruling 3 of a court of competent jurisdiction that such activity is lawful. 4 3. (a) In addition to authorized gaming activities, a licensed gaming 5 facility may when authorized by subdivision two of this section operate 6 a sports pool upon the approval of the commission and in accordance with 7 the provisions of this section and applicable regulations promulgated 8 pursuant to this article. The commission shall hear and decide promptly 9 and in reasonable order all applications for a license to operate a 10 sports pool, shall have the general responsibility for the implementa- 11 tion of this section and shall have all other duties specified in this 12 section with regard to the operation of a sports pool. The license to 13 operate a sports pool shall be in addition to any other license required 14 to be issued to operate a gaming facility. No license to operate a 15 sports pool shall be issued by the commission to any entity unless it 16 has established its financial stability, integrity and responsibility 17 and its good character, honesty and integrity. 18 No later than five years after the date of the issuance of a license 19 and every five years thereafter or within such lesser periods as the 20 commission may direct, a licensee shall submit to the commission such 21 documentation or information as the commission may by regulation 22 require, to demonstrate to the satisfaction of the executive director of 23 the commission that the licensee continues to meet the requirements of 24 the law and regulations. 25 (b) A sports pool shall be operated in a sports wagering lounge 26 located at a casino. The lounge shall conform to all requirements 27 concerning square footage, design, equipment, security measures and 28 related matters which the commission shall by regulation prescribe. 29 (c) The operator of a sports pool shall establish or display the odds 30 at which wagers may be placed on sports events. 31 (d) An operator shall accept wagers on sports events only from persons 32 physically present in the sports wagering lounge, or through mobile 33 sports wagering offered pursuant to section thirteen hundred sixty-sev- 34 en-a of this title. A person placing a wager shall be at least twenty- 35 one years of age. 36 (e) An operator may also accept layoff bets as long as the authorized 37 sports pool places such wagers with another authorized sports pool or 38 pools in accordance with regulations of the commission. A sports pool 39 that places a layoff bet shall inform the sports pool accepting the 40 wager that the wager is being placed by a sports pool and shall disclose 41 its identity. 42 (f) An operator may utilize global risk management pursuant to the 43 approval of the commission. 44 (g) An operator shall not admit into the sports wagering lounge, or 45 accept wagers from, any person whose name appears on the exclusion list. 46 [(f)] (h) The holder of a license to operate a sports pool may 47 contract with [an entity] one or more agents to conduct any or all 48 aspects of that operation, or the operation of mobile sports wagering 49 offered pursuant to section thirteen hundred sixty-seven-a of this 50 title, including but not limited to brand, marketing and customer 51 service, in accordance with the regulations of the commission. [That52entity] Each agent shall obtain a license as a casino vendor enterprise 53 prior to the execution of any such contract, and such license shall be 54 issued pursuant to the provisions of section one thousand three hundred 55 twenty-seven of this article and in accordance with the regulations 56 promulgated by the commission.S. 7900 5 1 [(g)] (i) If any provision of this article or its application to any 2 person or circumstance is held invalid, the invalidity shall not affect 3 other provisions or applications of this article which can be given 4 effect without the invalid provision or application, and to this end the 5 provisions of this article are severable. 6 4. (a) All persons employed directly in wagering-related activities 7 conducted within a sports wagering lounge shall be licensed as a casino 8 key employee or registered as a gaming employee, as determined by the 9 commission. All other employees who are working in the sports wagering 10 lounge may be required to be registered, if appropriate, in accordance 11 with regulations of the commission. 12 (b) Each operator of a sports pool shall designate one or more casino 13 key employees who shall be responsible for the operation of the sports 14 pool. At least one such casino key employee shall be on the premises 15 whenever sports wagering is conducted. 16 5. Except as otherwise provided by this article, the commission shall 17 have the authority to regulate sports pools and the conduct of sports 18 wagering under this article to the same extent that the commission regu- 19 lates other gaming. No casino shall be authorized to operate a sports 20 pool unless it has produced information, documentation, and assurances 21 concerning its financial background and resources, including cash 22 reserves, that are sufficient to demonstrate that it has the financial 23 stability, integrity, and responsibility to operate a sports pool. In 24 developing rules and regulations applicable to sports wagering, the 25 commission shall examine the regulations implemented in other states 26 where sports wagering is conducted and shall, as far as practicable, 27 adopt a similar regulatory framework. The commission shall promulgate 28 regulations necessary to carry out the provisions of this section, 29 including, but not limited to, regulations governing the: 30 (a) amount of cash reserves to be maintained by operators to cover 31 winning wagers; 32 (b) acceptance of wagers on a series of sports events; 33 (c) maximum wagers which may be accepted by an operator from any one 34 patron on any one sports event; 35 (d) type of wagering tickets which may be used; 36 (e) method of issuing tickets; 37 (f) method of accounting to be used by operators; 38 (g) types of records which shall be kept; 39 (h) use of credit and checks by patrons; 40 (i) the process by which a casino may place a layoff bet; 41 (j) the use of global risk management; 42 (k) type of system for wagering; and 43 [(j)] (l) protections for a person placing a wager. 44 6. Each operator shall adopt comprehensive house rules governing 45 sports wagering transactions with its [patrons] authorized sports 46 bettors. The rules shall specify the amounts to be paid on winning 47 wagers and the effect of schedule changes. The house rules, together 48 with any other information the commission deems appropriate, shall be 49 conspicuously displayed in the sports wagering lounge and included in 50 the terms and conditions of the account wagering system, and copies 51 shall be made readily available to patrons. 52 7. (a) Each casino that offers sports wagering shall annually submit a 53 report to the commission no later than the twenty-eighth of February of 54 each year, which shall include the following information: 55 (i) the total amount of sports wagers received from authorized sports 56 bettors;S. 7900 6 1 (ii) the total amount of prizes awarded to authorized sports bettors; 2 (iii) the total amount of sports wagering gross revenue received by 3 the casino; 4 (iv) the total amount contributed to the sport betting integrity fund 5 pursuant to subdivision eight of this section; 6 (v) the total amount of wagers received on each sports governing 7 body's sporting events; 8 (vi) the total number of authorized sports bettors that requested to 9 exclude themselves from sports wagering; and 10 (vii) any additional information that the commission deems necessary 11 to carry out the provisions of this article. 12 (b) Upon the submission of such annual report, to such extent that the 13 commission deems it to be in the public interest, the commission shall 14 be authorized to conduct a financial audit of any casino, at any time, 15 to ensure compliance with this article. 16 (c) The commission shall annually publish a report based on the aggre- 17 gate information provided by all casinos pursuant to paragraph (a) of 18 this subdivision, which shall be published on the commission's website 19 no later than one hundred eighty days after the deadline for the 20 submission of individual reports as specified in such paragraph (a). 21 8. (a) Within thirty days of the end of each calendar quarter, a casi- 22 no offering sports wagering shall remit to the commission a sports 23 wagering integrity fee of up to one-quarter of one percent of the amount 24 wagered on sports events, however, in no case shall the integrity fee be 25 greater than two percent of the casino's sports wagering gross revenue. 26 The fee shall be remitted on a form as the commission may require, on 27 which the casino shall identify the percentage of wagering during the 28 reporting period attributable to each sport governing body's sports 29 events. 30 (b) No later than the thirtieth of April of each year, a sports 31 governing body may submit a claim for disbursement of the integrity 32 funds remitted by casinos in the previous calendar year in pro rata 33 proportion of the total amount wagered on their respective sports events 34 to reimburse the sports governing body for expenses incurred for integ- 35 rity operations. Eligible expenses shall include, but not be limited 36 to, integrity monitoring expenses, expenses incurred related to integri- 37 ty investigations, public relations expenses associated with integrity 38 issues, and any other eligible expenses approved by the commission. 39 (c) Each sports governing body which receives in excess of fifty-thou- 40 sand dollars annually from the integrity fee shall annually submit a 41 report to the commission no later than the twenty-eighth of February of 42 each year, which shall include the following information: 43 (i) the total amount of integrity fund reimbursement received from New 44 York; 45 (ii) a detailed summary of the final dispositions of integrity inves- 46 tigations where it was determined that misconduct took place; 47 (iii) any additional information that the commission deems necessary 48 to carry out the provisions of this article. 49 (d) Upon the submission of such annual report, to such extent that the 50 commission deems it to be in the public interest, the commission shall 51 be authorized to conduct a financial audit of any sports governing body, 52 at any time, to ensure compliance with this article. 53 (e) The commission shall annually publish a report based on the aggre- 54 gate information provided by all sports governing bodies pursuant to 55 paragraph (c) of this subdivision, which shall be published on the 56 commission's website no later than one hundred eighty days after theS. 7900 7 1 deadline for the submission of individual reports as specified in para- 2 graph (c) of this subdivision. 3 (f) At the end of the year, any unclaimed integrity fee revenue shall 4 be distributed to the sports governing bodies which were approved to 5 receive funding, on a pro rata basis. 6 9. For the privilege of conducting sports wagering in the state, casi- 7 nos shall pay a tax equivalent to eight and one-half percent of their 8 sports wagering gross revenue. 9 10. The commission shall pay into the commercial gaming revenue fund 10 established pursuant to section ninety-seven-nnnn of the state finance 11 law eighty-five percent of the state tax imposed by this section; any 12 interest and penalties imposed by the commission relating to those 13 taxes; all penalties levied and collected by the commission; and the 14 appropriate funds, cash or prizes forfeited from sports wagering. The 15 commission shall pay into the commercial gaming fund five percent of the 16 state tax imposed by this section to be distributed for problem gambling 17 education and treatment purposes pursuant to paragraph a of subdivision 18 five of section ninety-seven-nnnn of the state finance law. The commis- 19 sion shall pay into the commercial gaming fund five percent of the state 20 tax imposed by this section to be distributed for the cost of regulation 21 pursuant to paragraph c of subdivision five of section ninety-seven-nnnn 22 of the state finance law. The commission shall pay into the commercial 23 gaming fund five percent of the state tax imposed by this section to be 24 distributed in the same formula as market origin credits pursuant to 25 section one hundred fifteen-b of this chapter. The commission shall 26 require at least monthly deposits by the casino of any payments pursuant 27 to subdivision nine of this section, at such times, under such condi- 28 tions, and in such depositories as shall be prescribed by the state 29 comptroller. The deposits shall be deposited to the credit of the state 30 commercial gaming revenue fund. The commission shall require a monthly 31 report and reconciliation statement to be filed with it on or before the 32 tenth day of each month, with respect to gross revenues and deposits 33 received and made, respectively, during the preceding month. 34 11. The commission may perform audits of the books and records of a 35 casino, at such times and intervals as it deems appropriate, for the 36 purpose of determining the sufficiency of tax payments. If a return 37 required with regard to obligations imposed is not filed, or if a return 38 when filed or is determined by the commission to be incorrect or insuf- 39 ficient with or without an audit, the amount of tax due shall be deter- 40 mined by the commission. Notice of such determination shall be given to 41 the casino liable for the payment of the tax. Such determination shall 42 finally and irrevocably fix the tax unless the casino against whom it is 43 assessed, within thirty days after receiving notice of such determi- 44 nation, shall apply to the commission for a hearing in accordance with 45 the regulations of the commission. 46 12. Nothing in this section shall apply to interactive fantasy sports 47 offered pursuant to article fourteen of this chapter. Nothing in this 48 section authorizes any entity that conducts interactive fantasy sports 49 offered pursuant to article fourteen of this chapter to conduct sports 50 wagering unless it separately qualifies for, and obtains, authorization 51 pursuant to this section. 52 13. A casino that is also licensed under article three of this chap- 53 ter, and must maintain racing pursuant to paragraph (b) of subdivision 54 one of section thirteen hundred fifty-five of this chapter, shall be 55 allowed to offer pari-mutuel wagering on horse racing events in accord- 56 ance with their license under article three of this chapter. Notwith-S. 7900 8 1 standing subparagraph (ii) of paragraph c of subdivision two of section 2 one thousand eight of this chapter, a casino located in the city of 3 Schenectady shall be allowed to offer pari-mutuel wagering on horse 4 racing events, provided such wagering is conducted by the regional off- 5 track betting corporation in such region as the casino is located. Any 6 other casino shall be allowed to offer pari-mutuel wagering on horse 7 racing events, provided such wagering is conducted by the regional off- 8 track betting corporation in such region as the casino is located. Any 9 physical location where pari-mutuel wagering on horse racing events is 10 offered by a casino and conducted by a regional off-track betting corpo- 11 ration in accordance with this subdivision shall be deemed to be a 12 branch location of the regional off-track betting corporation in accord- 13 ance with section one thousand eight of this chapter. In the event that 14 the commission approves the location of self-service mobile sports 15 betting kiosks on the premises of affiliates in accordance with para- 16 graph (d) of subdivision five of section thirteen hundred sixty-seven-a 17 of this chapter, such kiosks shall not be allowed to offer pari-mutuel 18 wagering on horse racing events. 19 14. A sports governing body may notify the commission that it desires 20 to restrict, limit, or exclude wagering on its sporting events by 21 providing notice in the form and manner as the commission may require. 22 Upon receiving such notice, the commission shall review the request in 23 good faith, seek input from the casinos on such a request, and if the 24 commission deems it appropriate, promulgate regulations to restrict such 25 sports wagering. If the commission denies a request, the sports govern- 26 ing body shall be afforded notice and the right to be heard and offer 27 proof in opposition to such determination in accordance with the regu- 28 lations of the commission. Offering or taking wagers contrary to 29 restrictions promulgated by the commission is a violation of this 30 section. In the event that the request is in relation to an emergency 31 situation, the executive director of the commission may temporarily 32 prohibit the specific wager in question until the commission has the 33 opportunity to issue temporary regulations addressing the issue. 34 15. (a) The commission shall designate the division of the state 35 police to have primary responsibility for conducting, or assisting the 36 commission in conducting, investigations into abnormal betting activity, 37 match fixing, and other conduct that corrupts a betting outcome of a 38 sporting event or events for purposes of financial gain. 39 (b) The commission and casinos shall cooperate with investigations 40 conducted by sports governing bodies or law enforcement agencies, 41 including but not limited to providing or facilitating the provision of 42 account-level betting information and audio or video files relating to 43 persons placing wagers; provided, however, that the casino be required 44 to share any personally identifiable information of an authorized sports 45 bettor with a sports governing body only pursuant to an order to do so 46 by the commission or a law enforcement agency or court of competent 47 jurisdiction. 48 (c) Casinos shall immediately report to the commission any information 49 relating to: 50 (i) criminal or disciplinary proceedings commenced against the casino 51 in connection with its operations; 52 (ii) abnormal betting activity or patterns that may indicate a concern 53 with the integrity of a sporting event or events; 54 (iii) any potential breach of the relevant sports governing body's 55 internal rules and codes of conduct pertaining to sports wagering, as 56 they have been provided by the sports governing body to the casino;S. 7900 9 1 (iv) any other conduct that corrupts a betting outcome of a sporting 2 event or events for purposes of financial gain, including match fixing; 3 and 4 (v) suspicious or illegal wagering activities, including use of funds 5 derived from illegal activity, wagers to conceal or launder funds 6 derived from illegal activity, using agents to place wagers, using 7 confidential non-public information, and using false identification. 8 The commission shall also immediately report information relating to 9 conduct described in subparagraphs (ii), (iii) and (iv) of this para- 10 graph to the relevant sports governing body. 11 (d) Casinos shall maintain the confidentiality of information provided 12 by a sports governing body to the casino, unless disclosure is required 13 by this section, the commission, other law, or court order. 14 16. Casinos shall use whatever data source they deem appropriate for 15 determining the result of sports wagering involving tier one sports 16 wagers. Casinos shall only use official league data in all sports wager- 17 ing involving tier two sports wagers, if the relevant sports governing 18 body possesses a feed of official league data, and makes such feed 19 available for purchase by the casinos. A sports governing body may noti- 20 fy the commission that it desires to require casinos to use official 21 league data in sports wagering involving specific tier three sports 22 wagers by providing notice in the form and manner as the commission may 23 require. Upon receiving such notice, the commission shall review the 24 request, seek input from the casinos on such a request, and if the 25 commission deems it appropriate, promulgate regulations to require casi- 26 nos to use official league data on sports wagering involving such tier 27 three sports wagers if the relevant sports governing body possesses a 28 feed of official league data, and makes such feed available for purchase 29 by the casinos. No casino shall enter into an agreement with a sports 30 governing body to be the exclusive recipient of their official league 31 data. 32 17. (a) Casinos shall maintain records of all bets and wagers placed, 33 including personally identifiable information of the mobile sports 34 wagering bettor, amount and type of bet, time the bet was placed, 35 location of the bet, including IP address if applicable, the outcome of 36 the bet, records of abnormal betting activity, and video camera 37 recordings in the case of in-person wagers for at least three years 38 after the sporting event occurs and make such data available for 39 inspection upon request of the commission or as required by court order. 40 (b) If a sports governing body has notified the commission that real- 41 time information sharing for wagers placed on sporting events is neces- 42 sary and desirable, casinos shall share in real time, at the account- 43 level, and in pseudonymous form, the information required to be retained 44 pursuant to paragraph (a) of this subdivision (other than video files) 45 with the commission, and the commission shall share in real time the 46 information with the sports governing body or its designee with respect 47 to wagers on its sporting events. 48 (c) The commission shall cooperate with a sports governing body and 49 casinos to ensure the timely, efficient, and accurate sharing of infor- 50 mation. 51 18. A casino shall not permit sports wagering by anyone they know, or 52 should have known, to be a prohibited sports bettor. 53 19. Sports wagering conducted pursuant to the provisions of this 54 section is hereby authorized. 55 20. The conduct of sports wagering in violation of this section is 56 prohibited.S. 7900 10 1 21. Any person, firm, corporation, association, agent, or employee who 2 knowingly violates any procedure implemented under this section, or 3 section thirteen hundred sixty-seven-a of this title, shall be liable 4 for a civil penalty of not more than five thousand dollars for each 5 violation, not to exceed fifty thousand dollars for violations arising 6 out of the same transaction or occurrence, which shall accrue to the 7 state and may be recovered in a civil action brought by the commission. 8 § 2. The racing, pari-mutuel wagering and breeding law is amended by 9 adding a new section 1367-a to read as follows: 10 § 1367-a. Mobile sports wagering. 1. As used in this section, the 11 following terms shall have the following meanings: 12 (a) "Affiliate" means any off-track betting corporation, franchised 13 corporation, or race track licensed pursuant to the racing, pari-mutuel 14 wagering and breeding law, or an operator of video lottery gaming at 15 Aqueduct licensed pursuant to section sixteen hundred seventeen-a of the 16 tax law, which has a mobile sports wagering agreement with a casino 17 pursuant to this section; 18 (b) "Agent" means an entity that is party to a contract with a 19 licensed gaming facility authorized to operate a sports pool and is 20 approved by the commission to operate a sports pool on behalf of such 21 licensed gaming facility; 22 (c) "Authorized sports bettor" means an individual who is physically 23 present in this state when placing a sports wager, who is not a prohib- 24 ited sports bettor, that participates in sports wagering offered by a 25 casino. The intermediate routing of electronic data in connection with 26 mobile sports wagering shall not determine the location or locations in 27 which a wager is initiated, received or otherwise made; 28 (d) "Casino" means a licensed gaming facility at which gambling is 29 conducted pursuant to the provisions of this article or the agent of 30 such licensed gaming facility; 31 (e) "Collegiate sport or athletic event" means a sport or athletic 32 event offered or sponsored by or played in connection with a public or 33 private institution that offers education services beyond the secondary 34 level; 35 (f) "Commission" means the commission established pursuant to section 36 one hundred two of this chapter; 37 (g) "High school sport or athletic event" means a sport or athletic 38 event offered or sponsored by or played in connection with a public or 39 private institution that offers education services at the secondary 40 level; 41 (h) "Horse racing event" means any sport or athletic event conducted 42 in New York state subject to the provisions of articles two, three, 43 four, five, six, nine, ten and eleven of this chapter, or any sport or 44 athletic event conducted outside of New York state, which if conducted 45 in New York state would be subject to the provisions of this chapter; 46 (i) "Minor" means any person under the age of twenty-one years; 47 (j) "Mobile sports wagering platform" or "platform" means the combina- 48 tion of hardware, software, and data networks used to manage, adminis- 49 ter, or control sports wagering and any associated wagers accessible by 50 any electronic means including mobile applications and internet 51 websites; 52 (k) "Operator" means an entity offering a mobile sports wagering plat- 53 form including an agent; 54 (l) "Professional sport or athletic event" means an event at which two 55 or more persons participate in sports or athletic events and receiveS. 7900 11 1 compensation in excess of actual expenses for their participation in 2 such event; 3 (m) "Prohibited sports bettor" means: 4 (i) any officer or employee of the commission; 5 (ii) any principal or key employee of a casino or affiliate, except as 6 may be permitted by the commission for good cause shown; 7 (iii) any casino gaming or non-gaming employee at the casino that 8 employs such person and at any affiliate that has an agreement with that 9 casino; 10 (iv) any contractor, subcontractor, or consultant, or officer or 11 employee of a contractor, subcontractor, or consultant, of a casino if 12 such person is directly involved in the operation or observation of 13 sports wagering, or the processing of sports wagering claims or 14 payments; 15 (v) any person subject to a contract with the commission if such 16 contract contains a provision prohibiting such person from participating 17 in sports wagering; 18 (vi) any spouse, child, brother, sister or parent residing as a member 19 of the same household in the principal place of abode of any of the 20 foregoing persons at the same casino where the foregoing person is 21 prohibited from participating in sports wagering; 22 (vii) any individual with access to non-public confidential informa- 23 tion about sports wagering; 24 (viii) any amateur or professional athlete if the sports wager is 25 based on any sport or athletic event overseen by the athlete's sports 26 governing body; 27 (ix) any sports agent, owner or employee of a team, player and umpire 28 union personnel, and employee referee, coach or official of a sports 29 governing body, if the sports wager is based on any sport or athletic 30 event overseen by the individual's sports governing body; 31 (x) any individual placing a wager as an agent or proxy for an other- 32 wise prohibited sports bettor; or 33 (xi) any minor; 34 (n) "Prohibited sports event" means any high school sport or athletic 35 event; 36 (o) "Sports event" means any professional sport or athletic event and 37 any collegiate sport or athletic event, except a prohibited sports 38 event; 39 (p) "Sports governing body" means the organization that prescribes 40 final rules and enforces codes of conduct with respect to a sporting 41 event and participants therein; 42 (q) "Sports pool" means the business of accepting wagers on any sports 43 event by any system or method of wagering; 44 (r) "Sports wager" means cash or cash equivalent that is paid by an 45 authorized sports bettor to a casino to participate in sports wagering 46 offered by such casino; 47 (s) "Sports wagering" means wagering on sporting events or any portion 48 thereof, or on the individual performance statistics of athletes partic- 49 ipating in a sporting event, or combination of sporting events, by any 50 system or method of wagering, including, but not limited to, in-person 51 communication and electronic communication through internet websites and 52 mobile device applications. The term "sports wagering" shall include, 53 but is not limited to, single-game bets, teaser bets, parlays, over-un- 54 der bets, moneyline, pools, exchange wagering, in-game wagering, in-play 55 bets, proposition bets and straight bets; andS. 7900 12 1 (t) "Sports wagering gross revenue" means: (i) the amount equal to the 2 total of all sports wagers not attributable to prohibited sports events 3 that an operator collects from all players, less the total of all sums 4 not attributable to prohibited sports events paid out as winnings to all 5 sports bettors, however, that the total of all sums paid out as winnings 6 to sports bettors shall not include the cash equivalent value of any 7 merchandise or thing of value awarded as a prize; or (ii) in the case of 8 exchange wagering pursuant to this section, the commission on winning 9 sports wagers by authorized sports bettors retained by the operator. The 10 issuance to or wagering by authorized sports bettors at a casino of any 11 promotional gaming credits shall not be taxable for the purposes of 12 determining sports wagering gross revenue. 13 2. (a) No casino shall administer, manage, or otherwise make available 14 a mobile sports wagering platform to persons located in New York state 15 unless registered with the commission pursuant to this section. A casino 16 may use multiple mobile sports wagering platforms provided that each 17 platform has been reviewed and approved by the commission. A casino may 18 contract with one or more independent operators to provide its mobile 19 sports wagering platforms. 20 (b) Registrations issued by the commission shall remain in effect for 21 five years. The commission shall establish a process for renewal. 22 (c) The commission shall publish a list of all casinos registered to 23 offer mobile sports wagering in New York state pursuant to this section 24 on the commission's website for public use. 25 (d) The commission shall promulgate regulations to implement the 26 provisions of this section, including the development of the initial 27 form of the application for registration. Such regulations shall provide 28 for the registration and operation of mobile sports wagering in New York 29 state and shall include, but not be limited to, responsible protections 30 with regard to compulsive play and safeguards for fair play. 31 3. In the event that a casino contracts with one or more independent 32 operators to provide its mobile sports wagering platforms, each inde- 33 pendent entity shall obtain a license as a casino vendor enterprise 34 prior to the execution of any such contract, and such license shall be 35 issued pursuant to the provisions of section one thousand three hundred 36 twenty-seven of this article and in accordance with the regulations 37 promulgated by the commission. 38 4. (a) As a condition of registration in New York state, each operator 39 shall implement the following measures: 40 (i) limit each authorized sports bettor to one active and continuously 41 used account, and prevent anyone they know, or should have known to be a 42 prohibited sports bettor from maintaining accounts or participating in 43 any sports wagering offered by such operator; 44 (ii) adopt appropriate safeguards to ensure, to a reasonable degree of 45 certainty, that authorized sports bettors are physically located within 46 the state when engaging in mobile sports betting; 47 (iii) prohibit minors from participating in any sports wagering, which 48 includes: 49 (1) if an operator becomes or is made aware that a minor has created 50 an account, or accessed the account of another, such operator shall 51 promptly, within no more than two business days, refund any deposit 52 received from the minor, whether or not the minor has engaged in or 53 attempted to engage in sports wagering; provided, however, that any 54 refund may be offset by any prizes already awarded; 55 (2) each operator shall provide parental control procedures to allow 56 parents or guardians to exclude minors from access to any sports wager-S. 7900 13 1 ing or platform. Such procedures shall include a toll-free number to 2 call for help in establishing such parental controls; and 3 (3) each operator shall take appropriate steps to confirm that an 4 individual opening an account is not a minor; 5 (iv) when referencing the chances or likelihood of winning in adver- 6 tisements or upon placement of a sports wager, make clear and conspicu- 7 ous statements that are not inaccurate or misleading concerning the 8 chances of winning and the number of winners; 9 (v) enable authorized sports bettors to exclude themselves from sports 10 wagering and take reasonable steps to prevent such bettors from engaging 11 in sports wagering from which they have excluded themselves; 12 (vi) permit any authorized sports bettor to permanently close an 13 account registered to such bettor, on any and all platforms supported by 14 such operator, at any time and for any reason; 15 (vii) offer introductory procedures for authorized sports bettors, 16 that shall be prominently displayed on the main page of such operator 17 platform, that explain sports wagering; 18 (viii) implement measures to protect the privacy and online security 19 of authorized sports bettors and their accounts; 20 (ix) offer all authorized sports bettors access to his or her account 21 history and account details; 22 (x) ensure authorized sports bettors' funds are protected upon deposit 23 and segregated from the operating funds of such operator and otherwise 24 protected from corporate insolvency, financial risk, or criminal or 25 civil actions against such operator; 26 (xi) list on each website, in a prominent place, information concern- 27 ing assistance for compulsive play in New York state, including a toll- 28 free number directing callers to reputable resources containing further 29 information, which shall be free of charge; and 30 (xii) ensure no sports wagering shall be based on a prohibited sports 31 event. 32 (b) Operators shall not directly or indirectly operate, promote, or 33 advertise any platform or sports wagering to persons located in New York 34 state unless registered pursuant to this article. 35 (c) Operators shall not offer any sports wagering based on any prohib- 36 ited sports event. 37 (d) Operators shall not permit sports wagering by anyone they know, or 38 should have known, to be a prohibited sports bettor. 39 (e) Advertisements for contests and prizes offered by an operator 40 shall not target prohibited sports bettors, minors, or self-excluded 41 persons. 42 (f) Operators shall prohibit the use of third-party scripts or script- 43 ing programs for any contest and ensure that measures are in place to 44 deter, detect and, to the extent reasonably possible, prevent cheating, 45 including collusion, and the use of cheating devices, including use of 46 software programs that submit sports wagers unless otherwise approved by 47 the commission. 48 (g) Operators shall develop and prominently display procedures on the 49 main page of such operator's platform for the filing of a complaint by 50 an authorized sports bettor against such operator. An initial response 51 shall be given by such operator to such bettor filing the complaint 52 within forty-eight hours. A complete response shall be given by such 53 operator to such bettor filing the complaint within ten business days. 54 An authorized sports bettor may file a complaint alleging a violation of 55 the provisions of this article with the commission.S. 7900 14 1 (h) Operators shall maintain records of all accounts belonging to 2 authorized sports bettors and retain such records of all transactions in 3 such accounts for the preceding five years. 4 5. (a) Subject to regulations promulgated by the commission, casinos 5 may enter into agreements with affiliates to allow for authorized 6 bettors to sign up to create and fund accounts on their mobile sports 7 wagering platform or platforms. 8 (b) Authorized sports bettors must sign up to create their account on 9 a mobile sports wagering platform in person at a casino or an affiliate 10 of a casino. 11 (c) Authorized sports bettors may deposit funds in their account on a 12 mobile sports wagering platform in person at a casino or an affiliate of 13 a casino, electronically recognized payment methods, or any other means 14 approved by the commission. 15 (d) Subject to approval of the commission, and in accordance with 16 regulations promulgated by the commission, casinos may enter into agree- 17 ments with affiliates to locate self-service mobile sports betting 18 kiosks, which are owned, operated and maintained by the casino, and 19 connected via the internet to the casino, upon the premises of the 20 affiliate. 21 § 3. Section 104 of the racing, pari-mutuel wagering and breeding law 22 is amended by adding a new subdivision 24 to read as follows: 23 24. To regulate sports wagering in New York state. 24 § 4. Subdivision 15 of section 1401 of the racing, pari-mutuel wager- 25 ing and breeding law, as added by chapter 237 of the laws of 2016, is 26 amended to read as follows: 27 15. "Prohibited sports event" shall mean any [collegiate sport or28athletic event, any] high school sport or athletic event or any horse 29 racing event. 30 § 5. Severability clause. If any provision of this act or application 31 thereof shall for any reason be adjudged by any court of competent 32 jurisdiction to be invalid, such judgment shall not affect, impair, or 33 invalidate the remainder of the act, but shall be confined in its opera- 34 tion to the provision thereof directly involved in the controversy in 35 which the judgment shall have been rendered. 36 § 6. This act shall take effect on the same date and in the same 37 manner as section 1367 of the racing, pari-mutuel wagering and breeding 38 law pursuant to subdivision (c) of section 52 of chapter 174 of the laws 39 of 2013, takes effect.
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