S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9082
 
                           I N  A S S E M B L Y
 
                             February 6, 2024
                                ___________
 
 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  authorizing  one percent of mobile sports tax revenue be
   used for problem gambling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  8 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:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile sports wagering gross gaming revenue and  tax  revenue  shall  be
 excluded  from  sports  wagering  gross  gaming revenue and tax revenue.
 Mobile sports wagering tax revenue shall be  separately  maintained  and
 returned to the state for deposit into the state lottery fund for educa-
 tion  aid except as otherwise provided in this subdivision. Any interest
 and penalties imposed by the commission relating  to  those  taxes,  all
 penalties  levied  and  collected by the commission, and the appropriate
 funds, cash or prizes forfeited from sports wagering shall be  deposited
 into  the  state lottery fund for education. In the first fiscal year in
 which mobile sports wagering licensees commence  operations  and  accept
 mobile  sports wagers pursuant to this section, the commission shall pay
 into the commercial gaming fund one percent of the state tax imposed  on
 mobile  sports  wagering  by  this section to be distributed for problem
 gambling education and treatment purposes pursuant  to  paragraph  a  of
 subdivision  four of section ninety-seven-nnnn of the state finance law;
 provided however, that such amount shall be  equal  to  ONE  PERCENT  OF
 MOBILE  SPORTS TAX REVENUE AND NO LESS THAN six million dollars for each
 fiscal year thereafter. In the first fiscal year in which mobile  sports
 wagering  licensees  commence operations and accept mobile sports wagers
 pursuant to this section, the commission shall pay one  percent  of  the
 state  tax  imposed  on  mobile  sports  wagering by this section to the
 general fund, a program to be administered by the office of children and
 family services for a statewide youth sports  activities  and  education
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14317-01-4
 A. 9082                             2
 
 grant  program  for  the  purpose  of  providing annual awards to sports
 programs for underserved youth under the age of eighteen years; provided
 however, that such amount shall be equal to  five  million  dollars  for
 each  fiscal  year  thereafter.  The  commission  shall require at least
 monthly deposits by a platform provider  of  any  payments  pursuant  to
 subdivision seven of this section, at such times, under such conditions,
 and  in  such  depositories  as  shall  be prescribed by the state comp-
 troller. The deposits shall be deposited to  the  credit  of  the  state
 commercial  gaming  revenue fund. The commission shall require a monthly
 report and reconciliation statement to be filed with it on or before the
 tenth day of each month, with respect to  gross  revenues  and  deposits
 received and made, respectively, during the preceding month.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.