S T A T E O F N E W Y O R K
________________________________________________________________________
3611--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. PRETLOW, BRAUNSTEIN -- read once and referred to
the Committee on Racing and Wagering -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to handicapping tournaments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 906 of the racing, pari-mutuel wagering and breed-
ing law, as added by chapter 2 of the laws of 1995, and as renumbered
and subdivision 1 as amended by chapter 18 of the laws of 2008, and
paragraph (b) of subdivision 2 as amended by chapter 243 of the laws of
2020, is amended to read as follows:
§ 906. Handicapping tournaments. 1. Notwithstanding any other
provision of law, a thoroughbred racing corporation, INCLUDING A FRAN-
CHISE CORPORATION, a harness racing corporation or association, a
regional off-track betting corporation or a combination thereof, OR A
PARTY THAT CONTRACTS WITH ANY OF THE FOREGOING, may operate a handicap-
ping tournament at which the participants may be charged an entry fee if
the tournament is conducted in accordance with the provisions of this
section.
2. (a) The operator of a handicapping tournament shall distribute NO
LESS THAN EIGHTY PERCENT OF all of the entry fees as prizes to the
winners of the tournament. Nothing herein shall preclude an operator
from providing additional prizes or promotions.
(b) The commission shall approve the rules and the payment of prizes
of a handicapping tournament. No operator of a handicapping tournament
may accept an entry fee for a tournament until the commission has
approved the rules and the payment of prizes of a handicapping tourna-
ment.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04616-03-3
A. 3611--A 2
(c) The horse races which are the subject of the tournament must be
races on which the operator of the tournament is authorized to conduct
wagering. [At least fifty percent of the races which are the subject of
the tournament must be races run in New York state.]
3. A handicapping tournament operated in accordance with the
provisions of this section shall be considered a contest of skill and
shall not be considered gambling.
4. FIVE PERCENT OF THE PORTION OF THE GROSS REVENUE COLLECTED BY AN
OPERATOR ON HANDICAPPING TOURNAMENT ENTRY FEES FROM NEW YORK PARTIC-
IPANTS THAT IS NOT DISTRIBUTED AS PRIZES TO THE WINNERS OF A TOURNAMENT
PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE DISTRIBUTED QUAR-
TERLY BY SUCH OPERATOR TO THE HORSEMEN'S ORGANIZATION FOR THE ADMINIS-
TRATIVE PURPOSES OF SAID ORGANIZATION AND FOR SUCH WELFARE AND MEDICAL
PLANS FOR REGULARLY EMPLOYED BACKSTRETCH EMPLOYEES PURSUANT TO SECTION
THREE HUNDRED EIGHTEEN OF THIS CHAPTER.
§ 2. This act shall take effect immediately.