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.