assembly Bill A8658A

2021-2022 Legislative Session

Amends the definition of wager and changes the licensing requirements for mobile sports wagering operators

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2022 print number 8658a
Mar 03, 2022 amend (t) and recommit to racing and wagering
Jan 10, 2022 referred to racing and wagering

A8658 - Details

See Senate Version of this Bill:
S8471
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §§1367 & §1367-a, RWB L

A8658 - Summary

Amends the definition of sports wager to include other things of value; changes the licensing requirement for mobile sports wagering operators; provides the state shall by no later than January 31, 2023 have fourteen operators and by January 31, 2024 have sixteen operators; provides tax rates shall be determined based on the number of operators.

A8658 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8658
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation  to prohibiting requests for tax rate modifications by mobile
   sports wagering licensees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (d)  of subdivision 7 of section 1367-a of the
 racing, pari-mutuel wagering and breeding law, as added by section 4  of
 part Y of chapter 59 of the laws of 2021, is amended to read as follows:
   (d)  The  commission  shall award a license to each of the two highest
 scoring platform providers that submit applications;  provided  however,
 that  such awards shall require that both winning platform providers pay
 the same tax rate; and  provided  further,  that  the  commission  shall
 require  that no less than four mobile sports wagering operators will be
 operating in the state. The commission may award additional licenses  if
 it  determines  that such additional awards are in the best interests of
 the state; provided however,  that  any  additional  platform  providers
 awarded licenses must also agree to pay the same tax rate as those plat-
 form  providers  that were initially awarded licenses by the commission.
 The award of any such license shall require each applicant to remit  the
 highest  percentage  of gross gaming revenue from mobile sports wagering
 contained in an applicant's bid selected by  the  commission  considered
 for  licensure.  A  qualified applicant shall be afforded the ability to
 revise its bid in any such manner in order for  such  bid  to  meet  the
 percentage  of  gross  gaming  revenue  from  mobile  sports wagering as
 required by the commission for license award, provided that the bid does
 not incorporate any additional operators not  already  included  in  the
 bid;  and  provided  however that it is not determined by the commission
 that the revised bid no  longer  meets  all  requirements  and  criteria
 established  pursuant  to this section and the request for applications.
 Any applicant that does not revise its bid to  meet  the  percentage  of
 gross gaming revenue from mobile sports wagering required by the commis-
 sion  for  license  award  shall  not  be awarded a license.   ONCE SUCH
 CONTRACTS HAVE BEEN AWARDED AND A TAX  RATE  HAS  BEEN  ESTABLISHED,  NO
 MODIFICATION TO SUCH TAX RATE MAY BE REQUESTED BY A LICENSEE.
   § 2. This act shall take effect immediately.

A8658A (ACTIVE) - Details

See Senate Version of this Bill:
S8471
Law Section:
Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:
Amd §§1367 & §1367-a, RWB L

A8658A (ACTIVE) - Summary

Amends the definition of sports wager to include other things of value; changes the licensing requirement for mobile sports wagering operators; provides the state shall by no later than January 31, 2023 have fourteen operators and by January 31, 2024 have sixteen operators; provides tax rates shall be determined based on the number of operators.

A8658A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8658--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering  --  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 the definition of wager and the licensing of mobile sports
   wagering operators

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (w)  of  subdivision  1 of section 1367 of the
 racing, pari-mutuel wagering and breeding law, as amended by  section  3
 of  part  Y  of  chapter  59  of the laws of 2021, is amended to read as
 follows:
   (w) "Sports wager" means cash [or], cash equivalent OR THING OF  VALUE
 that  is  paid  by  an  authorized sports bettor to a casino or a mobile
 sports wagering licensee to participate in sports  wagering  offered  by
 such casino or mobile sports wagering licensee;
   §  2.  Paragraph  (y)  of subdivision 1 of section 1367 of the racing,
 pari-mutuel wagering and breeding law, as amended by section 3 of part Y
 of chapter 59 of the laws of 2021, is amended to read as follows:
   (y) "Sports wagering gross revenue" means: [(i)] the amount  equal  to
 the  total  of  all  sports wagers not attributable to prohibited sports
 events that a CASINO OR mobile sports wagering  licensee  collects  from
 all  sports  bettors,  EXCLUDING WAGERS PLACED WITH PROMOTIONAL WAGERING
 CREDITS OR OTHER THINGS OF VALUE, less the total of all sums not attrib-
 utable to prohibited sports events paid out as winnings  to  all  sports
 bettors,  however,  that  the  total of all sums paid out as winnings to
 sports bettors shall not  include  the  cash  equivalent  value  of  any
 merchandise  or  thing  of value awarded as a prize, AND LESS ALL EXCISE
 TAXES ON SPORTS WAGERS NOT ATTRIBUTABLE TO PROHIBITED SPORTS EVENTS PAID
 PURSUANT TO FEDERAL LAW;
   § 3. Subdivision 7 of section 1367 of the racing, pari-mutuel wagering
 and breeding law, as added by section 3 of part Y of chapter 59  of  the
 laws of 2021, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14112-02-2