S T A T E O F N E W Y O R K
________________________________________________________________________
8433
2025-2026 Regular Sessions
I N S E N A T E
June 11, 2025
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to wagers on certain horse racing events and authorizing
agreements between a mobile sports wagering operator, mobile sports
wagering licensee, or operator and certain entities; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (bb) and (cc) 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, are amended and
two new paragraphs (dd) and (ee) are added to read as follows:
(bb) "Suspicious wagering activity" means unusual wagering activity
that cannot be explained and is indicative of match fixing, the manipu-
lation of an event, misuse of inside information, or other prohibited
activity; [and]
(cc) "Independent integrity monitor" means an independent individual
or entity approved by the commission to receive reports of unusual
wagering activity from a casino, mobile sports wagering licensee, or
commission for the purpose of assisting in identifying suspicious wager-
ing activity[.];
(DD) "HORSE RACING EVENT" MEANS ANY SPORT OR ATHLETIC EVENT CONDUCTED
IN NEW YORK STATE SUBJECT TO THE PROVISIONS OF ARTICLE TWO, THREE, FIVE,
NINE, OR TEN OF THIS CHAPTER, AS WELL AS ANY SPORT OR ATHLETIC EVENT
CONDUCTED OUTSIDE OF NEW YORK STATE WHICH WOULD OTHERWISE BE SUBJECT TO
THE PROVISIONS OF ARTICLES TWO, FIVE, NINE, OR TEN OF THIS CHAPTER.
"HORSE RACING EVENT" SHALL NOT INCLUDE HARNESS RACES CONDUCTED OUTSIDE
OF NEW YORK STATE; AND
(EE) "FIXED ODDS SPORTS WAGERING AGREEMENT" MEANS AN AGREEMENT BETWEEN
A MOBILE SPORTS WAGERING OPERATOR, MOBILE SPORTS WAGERING LICENSEE, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13379-01-5
S. 8433 2
OPERATOR AND AN ENTITY THAT POSSESSES A LICENSE AWARDED PURSUANT TO
ARTICLE TWO OR THREE OF THIS CHAPTER THAT HAS THE AUTHORITY TO CONDUCT
PARI-MUTUEL WAGERING ON THE FORM OF RACING INVOLVED IN THE RELEVANT
HORSE RACING EVENT, INVOLVING WAGERS TO BE MADE SOLELY BY RESIDENTS OF
THE STATE OF NEW YORK WHILE LOCATED WITHIN NEW YORK, AND SUBJECT TO THE
APPROVAL OF THE COMMISSION.
§ 2. Paragraph (s) 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:
(s) "Prohibited sports event" means a sport or athletic event in which
any New York college team participates regardless of where the event
takes place, [or] A high school sport or athletic event, OR A HORSE
RACING EVENT, UNLESS SUCH HORSE RACING EVENT IS BEING OFFERED PURSUANT
TO A FIXED ODDS SPORTS WAGERING AGREEMENT, AS DEFINED IN PARAGRAPH (EE)
OF THIS SUBDIVISION. The following shall not be considered prohibited
sports events: (i) a collegiate tournament, and (ii) a sports event
within such tournament so long as no New York college team is partic-
ipating in that particular sports event;
§ 3. Subdivision 2 of section 1367 of the racing, pari-mutuel wagering
and breeding law is amended by adding a new paragraph (e-1) to read as
follows:
(E-1)(I)(1) A MOBILE SPORTS WAGERING OPERATOR, MOBILE SPORTS WAGERING
LICENSEE, OR OPERATOR MAY ACCEPT A FIXED ODDS WAGER ON A HORSE RACING
EVENT IF SUCH MOBILE SPORTS WAGERING OPERATOR, MOBILE SPORTS WAGERING
LICENSEE, OR OPERATOR HAS ENTERED INTO A FIXED ODDS SPORTS WAGERING
AGREEMENT WITH AN ENTITY THAT HAS THE AUTHORITY TO PROVIDE THE CONTENT
OF SUCH HORSE RACING EVENT PURSUANT TO ARTICLE TWO OR THREE OF THIS
CHAPTER. IN FURTHERANCE OF ANY FIXED ODDS SPORTS WAGERING AGREEMENT, AN
ENTITY THAT HOLDS A FRANCHISE OR LICENSE PURSUANT TO ARTICLE TWO OF THIS
CHAPTER MAY ONLY OFFER CONTENT INVOLVING THOROUGHBRED RACES AND AN ENTI-
TY THAT HOLDS A LICENSE PURSUANT TO ARTICLE THREE OF THIS CHAPTER MAY
ONLY OFFER CONTENT INVOLVING STANDARDBRED RACES, EXCEPT THAT AN ENTITY
THAT HOLDS A LICENSE PURSUANT TO ARTICLE THREE OF THIS CHAPTER MAY
AUTHORIZE AN ENTITY THAT HOLDS A FRANCHISE OR LICENSE PURSUANT TO ARTI-
CLE TWO OF THIS CHAPTER TO NEGOTIATE ON ITS BEHALF, SUBJECT TO FINAL
APPROVAL OF THE ENTITY THAT HOLDS A LICENSE PURSUANT TO ARTICLE THREE OF
THIS CHAPTER. ANY FIXED ODDS SPORTS WAGERING AGREEMENT WITH AN ENTITY
THAT HAS THE AUTHORITY TO PROVIDE THE CONTENT OF A HORSE RACING EVENT
SHALL REQUIRE THE APPROVAL OF THE APPLICABLE HORSEMEN'S ASSOCIATION.
(2) ALL FIXED ODDS SPORTS WAGERING AGREEMENTS MUST BE APPROVED BY THE
COMMISSION PRIOR TO TAKING EFFECT. ANY CONTENT OFFERED PURSUANT TO AN
APPROVED FIXED ODDS SPORTS WAGERING AGREEMENT SHALL SUBSEQUENTLY BE MADE
AVAILABLE TO ANY INTERESTED MOBILE SPORTS WAGERING OPERATOR, MOBILE
SPORTS WAGERING LICENSEE, OR OPERATOR ON COMMERCIALLY REASONABLE TERMS,
AS DETERMINED BY THE COMMISSION.
(II) ANY HOLDER OF A PARI-MUTUEL WAGERING FRANCHISE OR LICENSE PURSU-
ANT TO ARTICLE TWO OR THREE OF THIS CHAPTER THAT ENTERS INTO A FIXED
ODDS SPORTS WAGERING AGREEMENT SHALL: (1) MAKE A COPY OF SUCH SPORTS
WAGERING AGREEMENT AVAILABLE TO THE APPLICABLE HORSEMEN'S ASSOCIATION;
AND (2) SEPARATELY MAINTAIN AN AGREEMENT WITH THE APPLICABLE HORSEMEN'S
ASSOCIATION, SETTING FORTH THE TYPE OF WAGERS THAT MAY BE PLACED ON A
HORSE RACING EVENT AND ON WHICH HORSE RACING EVENTS WAGERS MAY BE
PLACED.
(III)(1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION TO
THE CONTRARY, ANY AND ALL PAYMENTS MADE BY A MOBILE SPORTS WAGERING
OPERATOR, MOBILE SPORTS WAGERING LICENSEE, OR OPERATOR PURSUANT TO ANY
S. 8433 3
FIXED ODDS SPORTS WAGERING AGREEMENT AS DEFINED IN PARAGRAPH (EE) OF
SUBDIVISION ONE OF THIS SECTION, SHALL BE ALLOCATED IN THE FOLLOWING
AMOUNTS FOR ANY AMOUNT GENERATED DURING A CALENDAR YEAR: TWO-THIRDS TO
THE THOROUGHBRED INDUSTRY AND THE REMAINING ONE-THIRD TO HARNESS RACING
ASSOCIATIONS AND CORPORATIONS. FOR PURPOSES OF THIS PARAGRAPH, PAYMENTS
MADE PURSUANT TO A FIXED ODDS SPORTS WAGERING AGREEMENT SHALL INCLUDE
WAGERING REVENUE, SIGNING OR OTHER START-UP FEES, EXCLUSIVITY FEES,
MARKET GO LIVE FEES, AND ANY OTHER HORSE RACING CONTENT FEES, BUT SHALL
NOT INCLUDE ANY REVENUE GENERATED FOR SPONSORSHIPS OR OTHER PAYMENTS
UNRELATED TO THE TERMS OF A FIXED ODDS SPORTS WAGERING AGREEMENT, AS
DEFINED IN SUBDIVISION ONE OF THIS SECTION.
(2) A. OF THE PAYMENTS ALLOCATED TO THE THOROUGHBRED INDUSTRY, FIVE-
SIXTHS SHALL BE ALLOCATED TO THE FRANCHISED CORPORATION AND ONE-SIXTH
SHALL BE ALLOCATED TO A THOROUGHBRED RACING ASSOCIATION. OF THOSE FUNDS,
PAYMENT OF AN AMOUNT EQUAL TO FORTY-THREE PERCENT OF THE ALLOCATED
PAYMENT SHALL BE PAID INTO AN ACCOUNT FOR ENHANCING PURSES AT SUCH
RACING ASSOCIATION OR CORPORATION OR FRANCHISED CORPORATION, AND SEVEN
PERCENT SHALL BE CONTRIBUTED TO THE NEW YORK STATE THOROUGHBRED BREEDING
AND DEVELOPMENT FUND CORPORATION ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED FIFTY-TWO OF THIS CHAPTER.
B. OF THE PAYMENTS ALLOCATED TO THE HARNESS RACING ASSOCIATIONS AND
CORPORATIONS, PAYMENT OF AN AMOUNT EQUAL TO FORTY-THREE PERCENT OF THE
ALLOCATED PAYMENT SHALL BE PAID INTO AN ACCOUNT FOR ENHANCING PURSES AT
SUCH RACING ASSOCIATIONS OR CORPORATIONS, AND SEVEN PERCENT SHALL BE
CONTRIBUTED TO THE AGRICULTURE AND NEW YORK STATE HORSE BREEDING DEVEL-
OPMENT FUND ESTABLISHED PURSUANT TO SECTION THREE HUNDRED THIRTY OF THIS
CHAPTER. THE REMAINING FORTY-THREE PERCENT TO BE ALLOCATED FOR ENHANCING
PURSES AND THE REMAINING FIFTY PERCENT OF THE FUNDS ALLOCATED FOR
HARNESS RACING ASSOCIATIONS AND CORPORATIONS, SHALL BE ALLOCATED TO
INDIVIDUAL HARNESS RACING ASSOCIATIONS AND CORPORATIONS BASED ON A RATIO
WHERE THE NUMERATOR IS THE ASSOCIATION'S OR CORPORATION'S TOTAL IN-STATE
HANDLE ON LIVE RACING FOR THE PREVIOUS CALENDAR YEAR AS CALCULATED BY
THE COMMISSION AND THE DENOMINATOR IS THE TOTAL IN-STATE ON LIVE HANDLE
FOR ALL HARNESS RACING ASSOCIATIONS AND CORPORATIONS FOR THE PREVIOUS
CALENDAR YEAR AS CALCULATED BY THE COMMISSION.
(3) IN ORDER TO ENSURE APPROPRIATE DISTRIBUTION BY AND AMONG THE
TRACKS, EACH HOLDER OF A PARI-MUTUEL WAGERING FRANCHISE OR LICENSE
PURSUANT TO ARTICLE TWO OR THREE OF THIS CHAPTER THAT ENTERS INTO A
FIXED ODDS SPORTS WAGERING AGREEMENT SHALL NOTIFY EACH OTHER THOROUGH-
BRED AND HARNESS TRACK ON OR PRIOR TO THE TWENTIETH DAY OF EACH MONTH,
OF ANY AND ALL PAYMENTS MADE BY A MOBILE SPORTS WAGERING OPERATOR,
MOBILE SPORTS WAGERING LICENSEE, OR OPERATOR PURSUANT TO ANY FIXED ODDS
SPORTS WAGERING AGREEMENT, INCLUDING BUT NOT LIMITED TO HORSE RACING
CONTENT FEES, GENERATED DURING THE PRIOR MONTH.
§ 4. This act shall take effect April 1, 2026 and shall expire March
31, 2029 when upon such date the provisions of this act shall be deemed
repealed.