Assembly Bill A11225

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11225
 
                           I N  A S S E M B L Y
 
                               June 15, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Ortiz) --
   read once and referred to the Committee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel, wagering and breeding  law,  in
   relation  to establishing the task force on mobile sports wagering for
   the purpose of conducting certain  hearings  regarding  mobile  sports
   wagering and reporting its finding to the governor and the legislature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1367  of  the  racing,  pari-mutuel,  wagering  and
 breeding  law  is  amended  by  adding  a  new  subdivision 7 to read as
 follows:
   7. TASK FORCE ON MOBILE SPORTS WAGERING. (A) AS USED IN THIS  SECTION,
 "MOBILE SPORTS WAGERING PLATFORM" OR "PLATFORM" MEANS THE COMBINATION OF
 HARDWARE,  SOFTWARE,  AND  DATA  NETWORKS  USED  TO  FACILITATE, ENABLE,
 MANAGE, ADMINISTER, OR CONTROL SPORTS WAGERING AND ANY ASSOCIATED WAGERS
 ACCESSIBLE BY ANY ELECTRONIC MEANS  INCLUDING  MOBILE  APPLICATIONS  AND
 INTERNET WEBSITES ACCESSED VIA A MOBILE DEVICE OR COMPUTER, OR OTHERWISE
 FACILITATING  OR  ENABLING  SPORTS WAGERING BY USE OF A MOBILE DEVICE OR
 COMPUTER.
   (B) PRIOR TO ALLOWING USE OF A  MOBILE  SPORTS  WAGERING  PLATFORM  OR
 OTHERWISE  FACILITATING  OR  ENABLING SPORTS WAGERING BY USE OF A MOBILE
 DEVICE OR COMPUTER, OTHER THAN FROM INSIDE A FACILITY AS  AUTHORIZED  BY
 THIS  SECTION,  A  TASK  FORCE  CONSISTING  OF THIRTEEN MEMBERS SHALL BE
 APPOINTED AS FOLLOWS: THE EXECUTIVE DIRECTOR OF THE STATE GAMING COMMIS-
 SION OR HIS/HER DESIGNEE, THE DIRECTOR OF THE DIVISION OF THE BUDGET  OR
 HIS/HER  DESIGNEE,  THE  STATE LOTTERY DIRECTOR OR HIS/HER DESIGNEE, THE
 STATE COMPTROLLER OR HIS/HER DESIGNEE, THE  STATE  ATTORNEY  GENERAL  OR
 HIS/HER  DESIGNEE,  THREE PERSONS APPOINTED BY THE SPEAKER OF THE ASSEM-
 BLY, ONE PERSON APPOINTED BY THE MINORITY LEADER IN THE ASSEMBLY,  THREE
 PERSONS  APPOINTED  BY  THE  TEMPORARY  PRESIDENT OF THE SENATE, AND ONE
 PERSON APPOINTED BY THE MINORITY LEADER OF THE SENATE. AFTER BEING  DULY
 CONSTITUTED,  SUCH  TASK  FORCE  SHALL  ELECT  A CHAIRPERSON BY A SIMPLE
 MAJORITY. AFTER  BEING  CONSTITUTED,  SUCH  TASK  FORCE  SHALL  PROMPTLY
 CONDUCT AT LEAST FOUR PUBLIC HEARINGS, OF WHICH AT LEAST TWO SHALL OCCUR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16171-01-8

 A. 11225                            2

 IN  AN  OTB  REGION  CONTAINING  A  FACILITY AUTHORIZED BY THIS SECTION,
 WHERE, AFTER PROPER NOTICE OF SUCH HEARING IS GIVEN BY SUCH TASK  FORCE,
 COMMENTS,  OPINIONS  AND  TESTIMONY  WILL  BE SOLICITED FROM THE GENERAL
 PUBLIC,  INTEREST  GROUPS, LABOR UNIONS, AND ELECTED OFFICIALS ABOUT ANY
 OF THE FOLLOWING MATTERS, AND SUCH OTHER MATTERS AS A SIMPLE MAJORITY OF
 SUCH TASK FORCE MAY AUTHORIZE:
   (1) WHETHER STATE CONSTITUTION PROVISIONS PERMIT ANY ENTITY TO  USE  A
 MOBILE SPORTS WAGERING PLATFORM WITHIN THE STATE;
   (2)  WHETHER  USE  OF MOBILE SPORTS WAGERING PLATFORMS WOULD ADVERSELY
 AFFECT THE TOURISM, BUSINESS OPPORTUNITIES AND EMPLOYMENT AT THE  EXIST-
 ING CASINOS OPERATING UNDER THIS ARTICLE;
   (3)  A  DETERMINATION  OF  TECHNICAL  MEASURES THAT CAN BE REQUIRED TO
 PREVENT MINORS USING MOBILE SPORTS  WAGERING  PLATFORMS,  OR  PREVENT  A
 PROBLEM GAMBLER FROM DOING SO;
   (4)  WHETHER  PERMITTING USE OF MOBILE SPORTS WAGERING PLATFORMS WOULD
 INADVERTENTLY ELIMINATE PROHIBITIONS, STATE AND FEDERAL, ON OTHER  FORMS
 OF GAMBLING OVER THE INTERNET;
   (5) THE EXTENT OF THE CANNIBALIZATION OF REVENUES TO THE HOST COMMUNI-
 TIES OF CASINOS OPERATING PURSUANT TO THIS ARTICLE ON JANUARY FIRST, TWO
 THOUSAND EIGHTEEN, CAUSED BY USE OF MOBILE SPORTS WAGERING PLATFORMS;
   (6)  THE  EXTENT  OF  THE  CANNIBALIZATION TO EXISTING STATE AND LOCAL
 GAMBLING REVENUE DERIVED  FROM  THOROUGHBRED  AND  STANDARD  BRED  HORSE
 RACING  ENTITIES,  REGIONAL  OFF-TRACK BETTING CORPORATIONS OPERATING ON
 JANUARY FIRST, TWO THOUSAND EIGHTEEN, CAUSED BY  USE  OF  MOBILE  SPORTS
 WAGERING PLATFORMS;
   (7)  THE  EXTENT  OF  THE  CANNIBALIZATION OF EXISTING STATE AND LOCAL
 LOTTERY REVENUE CAUSED BY USE OF MOBILE SPORTS WAGERING PLATFORMS;
   (8) WHETHER THE PRIVILEGE TO USE A MOBILE SPORTS WAGERING PLATFORM  BY
 A  FACILITY  OPERATING  UNDER  THIS  SECTION  IS  DELEGABLE TO ANY OTHER
 PERSON, FIRM, BUSINESS OR ENTITY;
   (9) WHETHER THE USE OF MOBILE SPORTS WAGERING  PLATFORMS  WOULD  NEGA-
 TIVELY  IMPACT  EXISTING  AND FUTURE JOBS BY AUTOMATING SPORTS WAGERING;
 AND
   (10) SUCH OTHER AND FURTHER INPUT FROM THE PUBLIC ON  SUBJECT  MATTERS
 AS A MAJORITY OF THE TASK FORCE DEEMS APPROPRIATE AND NECESSARY.
   (C)  THE TASK FORCE SHALL SUBMIT TO THE LEGISLATURE AND GOVERNOR ON OR
 BEFORE MARCH FIRST IN THE YEAR FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION  ITS  PUBLIC  POLICY  RECOMMENDATIONS  REGARDING  THE USE OF
 MOBILE SPORTS WAGERING PLATFORMS  AT  SITES  NOT  OPERATING  UNDER  THIS
 SECTION, TOGETHER WITH DRAFT LEGISLATION IMPLEMENTING SUCH POLICY RECOM-
 MENDATIONS.
   § 2. This act shall take effect immediately. Effective immediately the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made on or before such date.