The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3294

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2019
                               ___________

Introduced  by  M. of A. ORTIZ, PICHARDO, HEVESI, ARROYO, TAYLOR, RODRI-
  GUEZ -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06191-01-9

A. 3294                             2

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
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  NINETEEN, 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.