[ ] is old law to be omitted.
LBD05498-18-9
S. 17--D 2
ITED SPORTS BETTOR, THAT PARTICIPATES IN SPORTS WAGERING OFFERED BY A
CASINO. ALL SPORTS WAGERS PLACED IN ACCORDANCE WITH THIS SECTION ARE
CONSIDERED PLACED OR OTHERWISE MADE WHEN RECEIVED BY THE OPERATOR AT THE
LICENSED GAMING FACILITY, REGARDLESS OF THE AUTHORIZED SPORTS BETTOR'S
PHYSICAL LOCATION AT THE TIME THE SPORTS WAGER IS INITIATED. THE INTER-
MEDIATE ROUTING OF ELECTRONIC DATA IN CONNECTION WITH MOBILE SPORTS
WAGERING SHALL NOT DETERMINE THE LOCATION OR LOCATIONS IN WHICH A WAGER
IS INITIATED, RECEIVED OR OTHERWISE MADE;
(D) "BRAND" MEANS THE NAME AND LOGO ON THE INTERFACE OF A MOBILE
APPLICATION OR INTERNET WEBSITE ACCESSED VIA A MOBILE DEVICE OR COMPUTER
WHICH AUTHORIZED SPORTS BETTORS USE TO ACCESS A SPORTS BETTING PLATFORM;
(E) "Casino" means a licensed gaming facility at which gambling is
conducted pursuant to the provisions of this article;
[(b)] (F) "Commission" means the commission established pursuant to
section one hundred two of this chapter;
[(c)] (G) "Collegiate sport or athletic event" means a sport or
athletic event offered or sponsored by or played in connection with a
public or private institution that offers educational services beyond
the secondary level;
[(d)] (H) "COVERED PERSONS" INCLUDES: ATHLETES; PLAYERS; UMPIRES;
REFEREES; OFFICIALS; PERSONNEL ASSOCIATED WITH PLAYERS, CLUBS, TEAMS,
LEAGUES, AND ATHLETIC ASSOCIATIONS; MEDICAL PROFESSIONALS, INCLUDING
ATHLETIC TRAINERS WHO PROVIDE SERVICES TO ATHLETES AND PLAYERS; AND THE
FAMILY MEMBERS AND ASSOCIATES OF THESE PERSONS WHERE REQUIRED TO SERVE
THE PURPOSES OF THIS TITLE;
(I) "EXCHANGE WAGERING" MEANS A FORM OF WAGERING IN WHICH AN AUTHOR-
IZED SPORTS BETTOR, ON THE ONE HAND, AND ONE OR MORE AUTHORIZED SPORTS
BETTORS, A CASINO OR AN AGENT OR AN OPERATOR, ON THE OTHER HAND PLACE
IDENTICALLY OPPOSING SPORTS WAGERS ON AN EXCHANGE OPERATED BY A CASINO
OR AN AGENT OR AN OPERATOR;
(J) "GLOBAL RISK MANAGEMENT" MEANS THE DIRECTION, MANAGEMENT, CONSUL-
TATION AND/OR INSTRUCTION FOR PURPOSES OF MANAGING RISKS ASSOCIATED WITH
SPORTS WAGERING CONDUCTED PURSUANT TO THIS SECTION AND INCLUDES THE
SETTING AND ADJUSTMENT OF BETTING LINES, POINT SPREADS, OR ODDS AND
WHETHER TO PLACE LAYOFF BETS AS PERMITTED BY THIS SECTION;
(K) "HIGH SCHOOL SPORT OR ATHLETIC EVENT" MEANS A SPORT OR ATHLETIC
EVENT OFFERED OR SPONSORED BY OR PLAYED IN CONNECTION WITH A PUBLIC OR
PRIVATE INSTITUTION THAT OFFERS EDUCATION SERVICES AT THE SECONDARY
LEVEL;
(L) "HORSE RACING EVENT" MEANS ANY SPORT OR ATHLETIC EVENT CONDUCTED
IN NEW YORK STATE SUBJECT TO THE PROVISIONS OF ARTICLES TWO, THREE,
FOUR, FIVE, SIX, NINE, TEN AND ELEVEN OF THIS CHAPTER, OR ANY SPORT OR
ATHLETIC EVENT CONDUCTED OUTSIDE OF NEW YORK STATE, WHICH IF CONDUCTED
IN NEW YORK STATE WOULD BE SUBJECT TO THE PROVISIONS OF THIS CHAPTER;
(M) "IN-PLAY SPORTS WAGER" MEANS A SPORTS WAGER PLACED ON A SPORTS
EVENT AFTER THE SPORTS EVENT HAS BEGUN AND BEFORE IT ENDS;
(N) "LAYOFF BET" MEANS A SPORTS WAGER PLACED BY A CASINO SPORTS POOL
WITH ANOTHER CASINO SPORTS POOL;
(O) "MINOR" MEANS ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS;
(P) "MOBILE SPORTS WAGERING PLATFORM" OR "PLATFORM" MEANS THE COMBINA-
TION OF HARDWARE, SOFTWARE, AND DATA NETWORKS USED TO MANAGE, ADMINIS-
TER, OR CONTROL SPORTS WAGERING AND ANY ASSOCIATED WAGERS ACCESSIBLE BY
ANY ELECTRONIC MEANS INCLUDING MOBILE APPLICATIONS AND INTERNET WEBSITES
ACCESSED VIA A MOBILE DEVICE OR COMPUTER;
(Q) "OFFICIAL LEAGUE DATA" MEANS STATISTICS, RESULTS, OUTCOMES, AND
OTHER DATA RELATING TO A SPORTING EVENT THAT HAVE BEEN OBTAINED FROM THE
S. 17--D 3
RELEVANT SPORTS GOVERNING BODY OR AN ENTITY EXPRESSLY AUTHORIZED BY THE
SPORTS GOVERNING BODY TO PROVIDE SUCH INFORMATION TO CASINOS;
(R) "Operator" means a casino which has elected to operate a sports
pool (OR AGENT OF SUCH CASINO) OR AN INDIAN TRIBE (OR AN AGENT OF SUCH
INDIAN TRIBE) THAT HAS ENTERED INTO A TRIBAL-STATE GAMING COMPACT IN
ACCORDANCE WITH THE INDIAN GAMING REGULATORY ACT 25 U.S.C. 2710, THAT IS
IN EFFECT AND HAS BEEN RATIFIED BY THE STATE AND HAS ENTERED INTO A
SPORTS WAGERING AGREEMENT PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY-
SEVEN-A OF THIS TITLE;
(S) "PERSONS WHO PRESENT SPORTING CONTESTS" INCLUDES SPORTS GOVERNING
BODIES AND ASSOCIATIONS, THEIR MEMBERS AND AFFILIATES, AND OTHER PERSONS
WHO PRESENT SPORTING CONTESTS TO THE PUBLIC;
[(e)] (T) "Professional sport or athletic event" means an event at
which two or more persons participate in sports or athletic events and
receive compensation in excess of actual expenses for their partic-
ipation in such event;
(U) "PROHIBITED CONDUCT" MEANS ANY STATEMENT, ACTION, AND OTHER COMMU-
NICATION INTENDED TO INFLUENCE, MANIPULATE, OR CONTROL A BETTING OUTCOME
OF A SPORTING CONTEST OR OF ANY INDIVIDUAL OCCURRENCE OR PERFORMANCE IN
A SPORTING CONTEST IN EXCHANGE FOR FINANCIAL GAIN OR TO AVOID FINANCIAL
OR PHYSICAL HARM. "PROHIBITED CONDUCT" INCLUDES STATEMENTS, ACTIONS, AND
COMMUNICATIONS MADE TO A COVERED PERSON BY A THIRD PARTY, SUCH AS A
FAMILY MEMBER OR THROUGH SOCIAL MEDIA;
(V) "PROFESSIONAL SPORTS STADIUM OR ARENA" MEANS A STADIUM, BALLPARK,
OR ARENA THAT IS THE PERMANENT HOME OF A PROFESSIONAL SPORTS TEAM PLAY-
ING AT THE HIGHEST PROFESSIONAL LEVEL IN ITS SPORT AND HAS A SEATING
CAPACITY FOR SUCH CONTESTS EXCEEDING FIFTEEN THOUSAND SEATS;
[(f)] (W) "PROHIBITED SPORTS BETTOR" MEANS:
(I) ANY OFFICER OR EMPLOYEE OF THE COMMISSION;
(II) ANY PRINCIPAL OR KEY EMPLOYEE OF A CASINO OR OPERATOR, EXCEPT AS
MAY BE PERMITTED BY THE COMMISSION FOR GOOD CAUSE SHOWN;
(III) ANY CASINO GAMING OR NON-GAMING EMPLOYEE AT THE CASINO THAT
EMPLOYS SUCH PERSON AND AT ANY OPERATOR THAT HAS AN AGREEMENT WITH THAT
CASINO;
(IV) ANY CONTRACTOR, SUBCONTRACTOR, OR CONSULTANT, OR OFFICER OR
EMPLOYEE OF A CONTRACTOR, SUBCONTRACTOR, OR CONSULTANT, OF A CASINO IF
SUCH PERSON IS DIRECTLY INVOLVED IN THE OPERATION OR OBSERVATION OF
SPORTS WAGERING, OR THE PROCESSING OF SPORTS WAGERING CLAIMS OR
PAYMENTS;
(V) ANY PERSON SUBJECT TO A CONTRACT WITH THE COMMISSION IF SUCH
CONTRACT CONTAINS A PROVISION PROHIBITING SUCH PERSON FROM PARTICIPATING
IN SPORTS WAGERING;
(VI) ANY SPOUSE, CHILD, BROTHER, SISTER OR PARENT RESIDING AS A MEMBER
OF THE SAME HOUSEHOLD IN THE PRINCIPAL PLACE OF ABODE OF ANY OF THE
FOREGOING PERSONS AT THE SAME CASINO WHERE THE FOREGOING PERSON IS
PROHIBITED FROM PARTICIPATING IN SPORTS WAGERING;
(VII) ANY INDIVIDUAL WITH ACCESS TO NON-PUBLIC CONFIDENTIAL INFORMA-
TION ABOUT SPORTS WAGERING;
(VIII) ANY AMATEUR OR PROFESSIONAL ATHLETE IF THE SPORTS WAGER IS
BASED ON ANY SPORT OR ATHLETIC EVENT OVERSEEN BY THE ATHLETE'S SPORTS
GOVERNING BODY;
(IX) ANY SPORTS AGENT, OWNER OR EMPLOYEE OF A TEAM, PLAYER AND UMPIRE
UNION PERSONNEL, AND EMPLOYEE REFEREE, COACH OR OFFICIAL OF A SPORTS
GOVERNING BODY, IF THE SPORTS WAGER IS BASED ON ANY SPORT OR ATHLETIC
EVENT OVERSEEN BY THE INDIVIDUAL'S SPORTS GOVERNING BODY;
S. 17--D 4
(X) ANY INDIVIDUAL PLACING A WAGER AS AN AGENT OR PROXY FOR AN OTHER-
WISE PROHIBITED SPORTS BETTOR; OR
(XI) ANY MINOR;
(X) "Prohibited sports event" means any collegiate sport or athletic
event that takes place in New York or a sport or athletic event in which
any New York college team participates regardless of where the event
takes place, OR HIGH SCHOOL SPORT OR ATHLETIC EVENT;
[(g)] (Y) "REGISTERED SPORTS GOVERNING BODY" MEANS A SPORTS GOVERNING
BODY THAT IS HEADQUARTERED IN THE UNITED STATES AND WHO HAS REGISTERED
WITH THE COMMISSION TO RECEIVE ROYALTY FEE REVENUE IN SUCH FORM AS THE
COMMISSION MAY REQUIRE;
(Z) "Sports event" means any professional sport or athletic event and
any collegiate sport or athletic event, except a prohibited sports event
OR A HORSE RACING EVENT;
[(h)] (AA) "SPORTS GOVERNING BODY" MEANS THE ORGANIZATION THAT
PRESCRIBES FINAL RULES AND ENFORCES CODES OF CONDUCT WITH RESPECT TO A
SPORTING EVENT AND PARTICIPANTS THEREIN;
(BB) "Sports pool" means the business of accepting wagers on any
sports event by any system or method of wagering; [and
(i)] (CC) "SPORTS WAGER" MEANS CASH OR CASH EQUIVALENT THAT IS PAID BY
AN AUTHORIZED SPORTS BETTOR TO A CASINO TO PARTICIPATE IN SPORTS WAGER-
ING OFFERED BY SUCH CASINO;
(DD) "SPORTS WAGERING" MEANS WAGERING ON SPORTING EVENTS OR ANY
PORTION THEREOF, OR ON THE INDIVIDUAL PERFORMANCE STATISTICS OF ATHLETES
PARTICIPATING IN A SPORTING EVENT, OR COMBINATION OF SPORTING EVENTS, BY
ANY SYSTEM OR METHOD OF WAGERING, INCLUDING, BUT NOT LIMITED TO, IN-PER-
SON COMMUNICATION AND ELECTRONIC COMMUNICATION THROUGH INTERNET WEBSITES
ACCESSED VIA A MOBILE DEVICE OR COMPUTER AND MOBILE DEVICE APPLICATIONS.
ANY WAGER THROUGH ELECTRONIC COMMUNICATION SHALL BE DEEMED TO TAKE PLACE
AT THE PHYSICAL LOCATION OF THE SERVER OR OTHER EQUIPMENT USED BY AN
OPERATOR TO ACCEPT MOBILE SPORTS WAGERING, REGARDLESS OF THE AUTHORIZED
SPORTS BETTOR'S PHYSICAL LOCATION WITHIN THE STATE AT THE TIME THE WAGER
IS INITIATED. THE TERM "SPORTS WAGERING" SHALL INCLUDE, BUT IS NOT
LIMITED TO, SINGLE-GAME BETS, TEASER BETS, PARLAYS, OVER-UNDER BETS,
MONEY LINE, POOLS, EXCHANGE WAGERING, IN-GAME WAGERING, IN-PLAY BETS,
PROPOSITION BETS AND STRAIGHT BETS;
(EE) "SPORTS WAGERING GROSS REVENUE" MEANS: (I) THE AMOUNT EQUAL TO
THE TOTAL OF ALL SPORTS WAGERS NOT ATTRIBUTABLE TO PROHIBITED SPORTS
EVENTS THAT AN OPERATOR COLLECTS FROM ALL PLAYERS, LESS THE TOTAL OF ALL
SUMS NOT ATTRIBUTABLE 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, OR (II) IN THE
CASE OF EXCHANGE WAGERING PURSUANT TO THIS SECTION, THE COMMISSION ON
WINNING SPORTS WAGERS BY AUTHORIZED SPORTS BETTORS RETAINED BY THE OPER-
ATOR. THE ISSUANCE TO OR WAGERING BY AUTHORIZED SPORTS BETTORS AT A
CASINO OF ANY PROMOTIONAL GAMING CREDIT SHALL NOT BE TAXABLE FOR THE
PURPOSES OF DETERMINING SPORTS WAGERING GROSS REVENUE;
(FF) "Sports wagering lounge" means an area wherein a sports pool is
operated;
(GG) "TIER ONE SPORTS WAGER" MEANS A SPORTS WAGER THAT IS DETERMINED
SOLELY BY THE FINAL SCORE OR FINAL OUTCOME OF THE SPORTS EVENT;
(HH) "TIER TWO SPORTS WAGER" MEANS AN IN-PLAY SPORTS WAGER THAT IS NOT
A TIER ONE SPORTS WAGER;
(II) "TIER THREE SPORTS WAGER" MEANS A SPORTS WAGER THAT IS NEITHER A
TIER ONE NOR A TIER TWO SPORTS WAGER; AND
S. 17--D 5
(JJ) "INDIAN TRIBE" MEANS AN INDIAN TRIBE (OR AN AGENT OF SUCH TRIBE)
THAT HAS ENTERED INTO A TRIBAL-STATE GAMING COMPACT IN ACCORDANCE WITH
THE INDIAN GAMING REGULATORY ACT OF 1988 (18 U.S.C. SEC. 1166 TO 1168,
INCLUSIVE, AND 25 U.S.C. SEC. 2701 ET SEQ.) WHICH HAS BEEN RATIFIED BY
THE STATE.
2. [No gaming facility may conduct sports wagering until such time as
there has been a change in federal law authorizing such or upon a ruling
of a court of competent jurisdiction that such activity is lawful.
3.] (a) In addition to authorized gaming activities, a [licensed
gaming facility] CASINO may [when authorized by subdivision two of this
section] operate a sports pool upon the approval of the commission and
in accordance with the provisions of this section and applicable regu-
lations promulgated pursuant to this article. The commission shall hear
and decide promptly and in reasonable order all applications for a
license to operate a sports pool, shall have the general responsibility
for the implementation of this section and shall have all other duties
specified in this section with regard to the operation of a sports pool.
The license to operate a sports pool shall be in addition to any other
license required to be issued to operate a [gaming facility] CASINO. No
license to operate a sports pool shall be issued by the commission to
any entity unless it has established its financial stability, integrity
and responsibility and its good character, honesty and integrity.
No later than five years after the date of the issuance of a license
and every five years thereafter or within such lesser periods as the
commission may direct, a licensee shall submit to the commission such
documentation or information as the commission may by regulation
require, to demonstrate to the satisfaction of the executive director of
the commission that the licensee continues to meet the requirements of
the law and regulations.
(b) AS A CONDITION OF LICENSURE THE COMMISSION SHALL REQUIRE THAT EACH
AGENT AUTHORIZED TO CONDUCT SPORTS WAGERING PAY A ONE-TIME FEE OF TWELVE
MILLION DOLLARS. SUCH FEE SHALL BE PAID WITHIN THIRTY DAYS OF GAMING
COMMISSION APPROVAL PRIOR TO LICENSE ISSUANCE AND DEPOSITED INTO THE
COMMERCIAL GAMING REVENUE FUND ESTABLISHED PURSUANT TO SECTION THIRTEEN
HUNDRED FIFTY-TWO OF THIS ARTICLE.
(C) A sports pool shall be operated in a sports wagering lounge
located at a casino. The lounge shall conform to all requirements
concerning square footage, design, equipment, security measures and
related matters which the commission shall by regulation prescribe.
[(c)] (D) The operator of a sports pool shall establish or display the
odds at which wagers may be placed on sports events.
[(d)] (E) An operator shall accept wagers on sports events only from
persons physically present in the sports wagering lounge, OR THROUGH
MOBILE SPORTS WAGERING OFFERED PURSUANT TO SECTION THIRTEEN HUNDRED
SIXTY-SEVEN-A OF THIS TITLE. A person placing a wager shall be at least
twenty-one years of age.
[(e)] (F) AN OPERATOR MAY ALSO ACCEPT LAYOFF BETS AS LONG AS THE
AUTHORIZED SPORTS POOL PLACES SUCH WAGERS WITH ANOTHER AUTHORIZED SPORTS
POOL OR POOLS IN ACCORDANCE WITH REGULATIONS OF THE COMMISSION. A SPORTS
POOL THAT PLACES A LAYOFF BET SHALL INFORM THE SPORTS POOL ACCEPTING THE
WAGER THAT THE WAGER IS BEING PLACED BY A SPORTS POOL AND SHALL DISCLOSE
ITS IDENTITY.
(G) AN OPERATOR MAY UTILIZE GLOBAL RISK MANAGEMENT PURSUANT TO THE
APPROVAL OF THE COMMISSION.
(H) An operator shall not admit into the sports wagering lounge, or
accept wagers from, any person whose name appears on the exclusion list.
S. 17--D 6
[(f)] (I) The holder of a license to operate a sports pool may
contract with [an entity] AN AGENT to conduct ANY OR ALL ASPECTS OF that
operation, OR THE OPERATION OF MOBILE SPORTS WAGERING OFFERED PURSUANT
TO SECTION THIRTEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE, INCLUDING BUT
NOT LIMITED TO BRAND, MARKETING AND CUSTOMER SERVICE, in accordance with
the regulations of the commission. [That entity] EACH AGENT shall obtain
a license as a casino vendor enterprise prior to the execution of any
such contract, and such license shall be issued pursuant to the
provisions of section one thousand three hundred twenty-seven of this
article and in accordance with the regulations promulgated by the
commission.
[(g)] (J) If any provision of this article or its application to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this article which can be given
effect without the invalid provision or application, and to this end the
provisions of this article are severable.
[4.] 3. (a) All persons employed directly in wagering-related activ-
ities conducted within a sports wagering lounge shall be licensed as a
casino key employee or registered as a gaming employee, as determined by
the commission. All other employees who are working in the sports wager-
ing lounge may be required to be registered, if appropriate, in accord-
ance with regulations of the commission.
(b) Each operator of a sports pool shall designate one or more casino
key employees who shall be responsible for the operation of the sports
pool. At least one such casino key employee shall be on the premises
whenever sports wagering is conducted.
[5.] 4. Except as otherwise provided by this article, the commission
shall have the authority to regulate sports pools and the conduct of
sports wagering under this article to the same extent that the commis-
sion regulates other gaming. No casino shall be authorized to operate a
sports pool unless it has produced information, documentation, and
assurances concerning its financial background and resources, including
cash reserves, that are sufficient to demonstrate that it has the finan-
cial stability, integrity, and responsibility to operate a sports pool.
In developing rules and regulations applicable to sports wagering, the
commission shall examine the regulations implemented in other states
where sports wagering is conducted and shall, as far as practicable,
adopt a similar regulatory framework. The commission shall promulgate
regulations necessary to carry out the provisions of this section,
including, but not limited to, regulations governing the:
(a) amount of cash reserves to be maintained by operators to cover
winning wagers;
(b) acceptance of wagers on a series of sports events;
(c) maximum wagers which may be accepted by an operator from any one
patron on any one sports event;
(d) type of wagering tickets which may be used;
(e) method of issuing tickets;
(f) method of accounting to be used by operators;
(g) types of records which shall be kept;
(h) use of credit and checks by [patrons] AUTHORIZED SPORTS BETTORS;
(i) THE PROCESS BY WHICH A CASINO MAY PLACE A LAYOFF BET;
(J) THE USE OF GLOBAL RISK MANAGEMENT;
(K) type of system for wagering; and
[(j)] (L) protections for a person placing a wager.
[6.] 5. Each operator shall adopt comprehensive house rules governing
sports wagering transactions with its [patrons] AUTHORIZED SPORTS
S. 17--D 7
BETTORS. The rules shall specify the amounts to be paid on winning
wagers and the effect of schedule changes. The house rules, together
with any other information the commission deems appropriate, shall be
conspicuously displayed in the sports wagering lounge and included in
the terms and conditions of the account wagering system, and copies
shall be made readily available to [patrons] AUTHORIZED SPORTS BETTORS.
6. (A) EACH CASINO THAT OFFERS SPORTS WAGERING SHALL ANNUALLY SUBMIT A
REPORT TO THE COMMISSION NO LATER THAN THE TWENTY-EIGHTH OF FEBRUARY OF
EACH YEAR, WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
(I) THE TOTAL AMOUNT OF SPORTS WAGERS RECEIVED FROM AUTHORIZED SPORTS
BETTORS;
(II) THE TOTAL AMOUNT OF PRIZES AWARDED TO AUTHORIZED SPORTS BETTORS;
(III) THE TOTAL AMOUNT OF SPORTS WAGERING GROSS REVENUE RECEIVED BY
THE CASINO;
(IV) THE TOTAL AMOUNT CONTRIBUTED IN SPORTS BETTING ROYALTY REVENUE
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION;
(V) THE TOTAL AMOUNT OF WAGERS RECEIVED ON EACH SPORTS GOVERNING
BODY'S SPORTING EVENTS;
(VI) THE NUMBER OF ACCOUNTS HELD BY AUTHORIZED SPORTS BETTORS;
(VII) THE TOTAL NUMBER OF NEW ACCOUNTS ESTABLISHED IN THE PRECEDING
YEAR, AS WELL AS THE TOTAL NUMBER OF ACCOUNTS PERMANENTLY CLOSED IN THE
PRECEDING YEAR;
(VIII) THE TOTAL NUMBER OF AUTHORIZED SPORTS BETTORS THAT REQUESTED TO
EXCLUDE THEMSELVES FROM SPORTS WAGERING; AND
(IX) ANY ADDITIONAL INFORMATION THAT THE COMMISSION DEEMS NECESSARY TO
CARRY OUT THE PROVISIONS OF THIS ARTICLE.
(B) UPON THE SUBMISSION OF SUCH ANNUAL REPORT, TO SUCH EXTENT THAT THE
COMMISSION DEEMS IT TO BE IN THE PUBLIC INTEREST, THE COMMISSION SHALL
BE AUTHORIZED TO CONDUCT A FINANCIAL AUDIT OF ANY CASINO, AT ANY TIME,
TO ENSURE COMPLIANCE WITH THIS ARTICLE.
(C) THE COMMISSION SHALL ANNUALLY PUBLISH A REPORT BASED ON THE AGGRE-
GATE INFORMATION PROVIDED BY ALL CASINOS PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, WHICH SHALL BE PUBLISHED ON THE COMMISSION'S WEBSITE
NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DEADLINE FOR THE
SUBMISSION OF INDIVIDUAL REPORTS AS SPECIFIED IN SUCH PARAGRAPH (A).
7. (A) WITHIN THIRTY DAYS OF THE END OF EACH CALENDAR QUARTER, A CASI-
NO OFFERING SPORTS WAGERING SHALL REMIT TO THE COMMISSION A SPORTS
WAGERING ROYALTY FEE OF ONE-FIFTH (.20) OF ONE PERCENT OF THE AMOUNT
WAGERED ON SPORTS EVENTS CONDUCTED BY REGISTERED SPORTS GOVERNING
BODIES. THE FEE SHALL BE REMITTED ON A FORM AS THE COMMISSION MAY
REQUIRE, ON WHICH THE CASINO SHALL IDENTIFY THE PERCENTAGE OF WAGERING
DURING THE REPORTING PERIOD ATTRIBUTABLE TO EACH REGISTERED SPORT
GOVERNING BODY'S SPORTS EVENTS.
(B) NO LATER THAN THE THIRTIETH OF APRIL OF EACH YEAR, A REGISTERED
SPORTS GOVERNING BODY MAY SUBMIT A CLAIM FOR DISBURSEMENT OF THE ROYALTY
FEE FUNDS REMITTED BY CASINOS IN THE PREVIOUS CALENDAR YEAR ON THEIR
RESPECTIVE SPORTS EVENTS. WITHIN THIRTY DAYS OF SUBMITTING ITS CLAIM
FOR DISBURSEMENT, THE REGISTERED SPORTS GOVERNING BODY SHALL MEET WITH
THE COMMISSION TO PROVIDE THE COMMISSION WITH EVIDENCE OF POLICIES,
PROCEDURES AND TRAINING PROGRAMS IT HAS IMPLEMENTED TO PROTECT THE
INTEGRITY OF ITS SPORTS EVENTS.
(C) WITHIN THIRTY DAYS OF ITS MEETING WITH THE REGISTERED SPORTS
GOVERNING BODY, THE COMMISSION SHALL APPROVE A TIMELY CLAIM FOR
DISBURSEMENT.
(D) (I) PERSONS WHO PRESENT SPORTING CONTESTS SHALL HAVE AUTHORITY TO
REMOVE SPECTATORS AND OTHERS FROM ANY FACILITY FOR VIOLATION ANY APPLI-
S. 17--D 8
CABLE CODES OF CONDUCT, AND TO DENY PERSONS ACCESS TO ALL FACILITIES
THEY CONTROL, TO REVOKE SEASON TICKETS OR COMPARABLE LICENSES, AND TO
SHARE INFORMATION ABOUT SUCH PERSONS WITH OTHERS WHO PRESENT SPORTING
CONTESTS AND WITH THE APPROPRIATE JURISDICTIONS' LAW ENFORCEMENT AUTHOR-
ITIES.
(II) PERSONS WHO PRESENT SPORTING CONTESTS SHALL PROVIDE NOTICE TO THE
GENERAL PUBLIC AND THOSE WHO ATTEND SPORTING CONTESTS OR VISIT THEIR
FACILITIES OF ANY APPLICABLE CODES OF CONDUCT AND THE POTENTIAL PENAL-
TIES FOR VIOLATING SUCH CODES.
8. FOR THE PRIVILEGE OF CONDUCTING SPORTS WAGERING IN THE STATE, CASI-
NOS SHALL PAY A TAX EQUIVALENT TO EIGHT AND ONE-HALF PERCENT OF THEIR
SPORTS WAGERING GROSS REVENUE, EXCLUDING SPORTS WAGERING GROSS REVENUE
ATTRIBUTED TO MOBILE SPORTS WAGERING OFFERED PURSUANT TO SECTION THIR-
TEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE. CASINOS SHALL PAY A TAX EQUIV-
ALENT OF TWELVE PERCENT OF THEIR SPORTS WAGERING GROSS REVENUE ATTRI-
BUTED TO MOBILE SPORTS WAGERING OFFERED PURSUANT TO SECTION THIRTEEN
HUNDRED SIXTY-SEVEN-A OF THIS TITLE.
9. THE COMMISSION SHALL PAY INTO THE COMMERCIAL GAMING REVENUE FUND
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE
LAW EIGHTY-FIVE PERCENT OF THE STATE TAX IMPOSED BY THIS SECTION; 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. THE
COMMISSION SHALL PAY INTO THE COMMERCIAL GAMING FUND FIVE PERCENT OF THE
STATE TAX IMPOSED 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. THE COMMIS-
SION SHALL PAY INTO THE COMMERCIAL GAMING FUND FIVE PERCENT OF THE STATE
TAX IMPOSED BY THIS SECTION TO BE DISTRIBUTED FOR THE COST OF REGULATION
PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF SECTION NINETY-SEVEN-NNNN
OF THE STATE FINANCE LAW. THE COMMISSION SHALL PAY INTO THE COMMERCIAL
GAMING FUND FIVE PERCENT OF THE STATE TAX IMPOSED BY THIS SECTION TO BE
DISTRIBUTED IN THE SAME FORMULA AS MARKET ORIGIN CREDITS PURSUANT TO
SECTION ONE HUNDRED FIFTEEN-B OF THIS CHAPTER. THE COMMISSION SHALL
REQUIRE AT LEAST MONTHLY DEPOSITS BY THE CASINO OF ANY PAYMENTS PURSUANT
TO SUBDIVISION EIGHT OF THIS SECTION, AT SUCH TIMES, UNDER SUCH CONDI-
TIONS, AND IN SUCH DEPOSITORIES AS SHALL BE PRESCRIBED BY THE STATE
COMPTROLLER. 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.
10. THE COMMISSION MAY PERFORM AUDITS OF THE BOOKS AND RECORDS OF A
CASINO, AT SUCH TIMES AND INTERVALS AS IT DEEMS APPROPRIATE, FOR THE
PURPOSE OF DETERMINING THE SUFFICIENCY OF TAX PAYMENTS. IF A RETURN
REQUIRED WITH REGARD TO OBLIGATIONS IMPOSED IS NOT FILED, OR IF A RETURN
WHEN FILED OR IS DETERMINED BY THE COMMISSION TO BE INCORRECT OR INSUF-
FICIENT WITH OR WITHOUT AN AUDIT, THE AMOUNT OF TAX DUE SHALL BE DETER-
MINED BY THE COMMISSION. NOTICE OF SUCH DETERMINATION SHALL BE GIVEN TO
THE CASINO LIABLE FOR THE PAYMENT OF THE TAX. SUCH DETERMINATION SHALL
FINALLY AND IRREVOCABLY FIX THE TAX UNLESS THE CASINO AGAINST WHOM IT IS
ASSESSED, WITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF SUCH DETERMI-
NATION, SHALL APPLY TO THE COMMISSION FOR A HEARING IN ACCORDANCE WITH
THE REGULATIONS OF THE COMMISSION.
11. NOTHING IN THIS SECTION SHALL APPLY TO INTERACTIVE FANTASY SPORTS
OFFERED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER. NOTHING IN THIS
S. 17--D 9
SECTION AUTHORIZES ANY ENTITY THAT CONDUCTS INTERACTIVE FANTASY SPORTS
OFFERED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER TO CONDUCT SPORTS
WAGERING UNLESS IT SEPARATELY QUALIFIES FOR, AND OBTAINS, AUTHORIZATION
PURSUANT TO THIS SECTION.
12. A CASINO THAT IS ALSO LICENSED UNDER ARTICLE THREE OF THIS CHAP-
TER, AND MUST MAINTAIN RACING PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION THIRTEEN HUNDRED FIFTY-FIVE OF THIS ARTICLE, SHALL BE
ALLOWED TO OFFER PARI-MUTUEL WAGERING ON HORSE RACING EVENTS IN ACCORD-
ANCE WITH THEIR LICENSE UNDER ARTICLE THREE OF THIS CHAPTER. NOTWITH-
STANDING SUBPARAGRAPH (II) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION
ONE THOUSAND EIGHT OF THIS CHAPTER, A CASINO LOCATED IN THE CITY OF
SCHENECTADY SHALL BE ALLOWED TO OFFER PARI-MUTUEL WAGERING ON HORSE
RACING EVENTS, PROVIDED SUCH WAGERING IS CONDUCTED BY THE REGIONAL OFF-
TRACK BETTING CORPORATION IN SUCH REGION AS THE CASINO IS LOCATED. ANY
OTHER CASINO SHALL BE ALLOWED TO OFFER PARI-MUTUEL WAGERING ON HORSE
RACING EVENTS, PROVIDED SUCH WAGERING IS CONDUCTED BY THE REGIONAL OFF-
TRACK BETTING CORPORATION IN SUCH REGION AS THE CASINO IS LOCATED. ANY
PHYSICAL LOCATION WHERE PARI-MUTUEL WAGERING ON HORSE RACING EVENTS IS
OFFERED BY A CASINO AND CONDUCTED BY A REGIONAL OFF-TRACK BETTING CORPO-
RATION IN ACCORDANCE WITH THIS SUBDIVISION SHALL BE DEEMED TO BE A
BRANCH LOCATION OF THE REGIONAL OFF-TRACK BETTING CORPORATION IN ACCORD-
ANCE WITH SECTION ONE THOUSAND EIGHT OF THIS CHAPTER. MOBILE SPORTS
BETTING KIOSKS LOCATED ON THE PREMISES OF AFFILIATES IN ACCORDANCE WITH
PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED SIXTY-SEV-
EN-A OF THIS TITLE SHALL NOT BE ALLOWED TO OFFER PARI-MUTUEL WAGERING ON
HORSE RACING EVENTS.
13. A SPORTS GOVERNING BODY MAY NOTIFY THE COMMISSION THAT IT DESIRES
TO RESTRICT, LIMIT, OR EXCLUDE WAGERING ON ITS SPORTING EVENTS BY
PROVIDING NOTICE IN THE FORM AND MANNER AS THE COMMISSION MAY REQUIRE.
UPON RECEIVING SUCH NOTICE, THE COMMISSION SHALL REVIEW THE REQUEST IN
GOOD FAITH, SEEK INPUT FROM THE CASINOS ON SUCH A REQUEST, AND IF THE
COMMISSION DEEMS IT APPROPRIATE, PROMULGATE REGULATIONS TO RESTRICT SUCH
SPORTS WAGERING. IF THE COMMISSION DENIES A REQUEST, THE SPORTS GOVERN-
ING BODY SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE HEARD AND OFFER
PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU-
LATIONS OF THE COMMISSION. OFFERING OR TAKING WAGERS CONTRARY TO
RESTRICTIONS PROMULGATED BY THE COMMISSION IS A VIOLATION OF THIS
SECTION. IN THE EVENT THAT THE REQUEST IS IN RELATION TO AN EMERGENCY
SITUATION, THE EXECUTIVE DIRECTOR OF THE COMMISSION MAY TEMPORARILY
PROHIBIT THE SPECIFIC WAGER IN QUESTION UNTIL THE COMMISSION HAS THE
OPPORTUNITY TO ISSUE TEMPORARY REGULATIONS ADDRESSING THE ISSUE.
14. (A) THE COMMISSION SHALL DESIGNATE THE DIVISION OF THE STATE
POLICE TO HAVE PRIMARY RESPONSIBILITY FOR CONDUCTING, OR ASSISTING THE
COMMISSION IN CONDUCTING, INVESTIGATIONS INTO ABNORMAL BETTING ACTIVITY,
MATCH FIXING, AND OTHER CONDUCT THAT CORRUPTS A BETTING OUTCOME OF A
SPORTING EVENT OR EVENTS FOR PURPOSES OF FINANCIAL GAIN.
(B) CASINOS SHALL MAINTAIN RECORDS OF SPORTS WAGERING OPERATIONS IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSION. THESE REGU-
LATIONS SHALL, AT A MINIMUM, REQUIRE A CASINO TO ADOPT PROCEDURES TO
OBTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM ANY INDIVIDUAL WHO PLAC-
ES ANY SINGLE WAGER IN AN AMOUNT OF TEN THOUSAND DOLLARS OR GREATER.
(C) THE COMMISSION SHALL COOPERATE WITH A SPORTS GOVERNING BODY AND
CASINOS TO ENSURE THE TIMELY, EFFICIENT, AND ACCURATE SHARING OF INFOR-
MATION.
(D) THE COMMISSION AND CASINOS SHALL COOPERATE WITH INVESTIGATIONS
CONDUCTED BY SPORTS GOVERNING BODIES OR LAW ENFORCEMENT AGENCIES,
S. 17--D 10
INCLUDING BUT NOT LIMITED TO PROVIDING OR FACILITATING THE PROVISION OF
ACCOUNT-LEVEL BETTING INFORMATION AND AUDIO OR VIDEO FILES RELATING TO
PERSONS PLACING WAGERS; PROVIDED, HOWEVER, THAT THE CASINO BE REQUIRED
TO SHARE ANY PERSONALLY IDENTIFIABLE INFORMATION OF AN AUTHORIZED SPORTS
BETTOR WITH A SPORTS GOVERNING BODY ONLY PURSUANT TO AN ORDER TO DO SO
BY THE COMMISSION OR A LAW ENFORCEMENT AGENCY OR COURT OF COMPETENT
JURISDICTION.
(E) CASINOS SHALL PROMPTLY REPORT TO THE COMMISSION ANY INFORMATION
RELATING TO:
(I) CRIMINAL OR DISCIPLINARY PROCEEDINGS COMMENCED AGAINST THE CASINO
IN CONNECTION WITH ITS OPERATIONS;
(II) ABNORMAL BETTING ACTIVITY OR PATTERNS THAT MAY INDICATE A CONCERN
WITH THE INTEGRITY OF A SPORTING EVENT OR EVENTS;
(III) ANY POTENTIAL BREACH OF THE RELEVANT SPORTS GOVERNING BODY'S
INTERNAL RULES AND CODES OF CONDUCT PERTAINING TO SPORTS WAGERING, AS
THEY HAVE BEEN PROVIDED BY THE SPORTS GOVERNING BODY TO THE CASINO;
(IV) ANY OTHER CONDUCT THAT CORRUPTS A BETTING OUTCOME OF A SPORTING
EVENT OR EVENTS FOR PURPOSES OF FINANCIAL GAIN, INCLUDING MATCH FIXING;
AND
(V) SUSPICIOUS OR ILLEGAL WAGERING ACTIVITIES, INCLUDING USE OF FUNDS
DERIVED FROM ILLEGAL ACTIVITY, WAGERS TO CONCEAL OR LAUNDER FUNDS
DERIVED FROM ILLEGAL ACTIVITY, USING AGENTS TO PLACE WAGERS, USING
CONFIDENTIAL NON-PUBLIC INFORMATION, AND USING FALSE IDENTIFICATION.
THE COMMISSION SHALL ALSO PROMPTLY REPORT INFORMATION RELATING TO
CONDUCT DESCRIBED IN SUBPARAGRAPHS (II), (III) AND (IV) OF THIS PARA-
GRAPH TO THE RELEVANT SPORTS GOVERNING BODY.
(F) CASINOS SHALL MAINTAIN THE CONFIDENTIALITY OF INFORMATION PROVIDED
BY A SPORTS GOVERNING BODY TO THE CASINO, UNLESS DISCLOSURE IS REQUIRED
BY THIS SECTION, THE COMMISSION, OTHER LAW, OR COURT ORDER.
(G) THE COMMISSION, BY REGULATION, MAY AUTHORIZE AND PROMULGATE ANY
RULES NECESSARY TO IMPLEMENT AGREEMENTS WITH OTHER STATES, OR AUTHORIZED
AGENCIES THEREOF TO ENABLE THE SHARING OF INFORMATION TO FACILITATE
INTEGRITY MONITORING AND THE CONDUCT OF INVESTIGATIONS INTO ABNORMAL
BETTING ACTIVITY, MATCH FIXING, AND OTHER CONDUCT THAT CORRUPTS A
BETTING OUTCOME OF A SPORTING EVENT OR EVENTS FOR PURPOSES OF FINANCIAL
GAIN.
(H) THE COMMISSION SHALL STUDY THE POTENTIAL FOR THE CREATION OF AN
INTERSTATE DATABASE OF ALL SPORTS WAGERING INFORMATION FOR THE PURPOSE
OF INTEGRITY MONITORING, AND SHALL CREATE A FINAL REPORT REGARDING ALL
FINDINGS AND RECOMMENDATIONS TO BE DELIVERED UPON COMPLETION OF ALL
OBJECTIVES DESCRIBED HEREIN, BUT IN NO EVENT LATER THAN MARCH FIRST, TWO
THOUSAND TWENTY, TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE.
(I) THE COMMISSION SHALL INVESTIGATE ALL REASONABLE ALLEGATIONS OF
PROHIBITED CONDUCT AND REFER ANY ALLEGATIONS IT DEEMS CREDIBLE TO THE
APPROPRIATE LAW ENFORCEMENT ENTITY.
(J) THE COMMISSION SHALL ESTABLISH A HOTLINE OR OTHER METHOD OF COMMU-
NICATION THAT ALLOWS ANY PERSON TO CONFIDENTIALLY REPORT INFORMATION
ABOUT PROHIBITED CONDUCT TO THE COMMISSION. THE IDENTITY OF ANY PERSON
REPORTING PROHIBITED CONDUCT TO THE COMMISSION SHALL REMAIN CONFIDENTIAL
UNLESS THAT PERSON AUTHORIZES DISCLOSURE OF HIS OR HER IDENTITY OR UNTIL
SUCH TIME AS THE ALLEGATION OF PROHIBITED CONDUCT IS REFERRED TO LAW
ENFORCEMENT.
15. (A) CASINOS SHALL USE WHATEVER DATA SOURCE THEY DEEM APPROPRIATE
FOR DETERMINING THE RESULT OF SPORTS WAGERING INVOLVING TIER ONE SPORTS
WAGERS.
S. 17--D 11
(B) CASINOS SHALL ONLY USE OFFICIAL LEAGUE DATA IN ALL SPORTS WAGERING
INVOLVING TIER TWO SPORTS WAGERS, IF THE RELEVANT SPORTS GOVERNING BODY
POSSESSES A FEED OF OFFICIAL LEAGUE DATA, AND MAKES SUCH FEED AVAILABLE
FOR PURCHASE BY THE CASINOS ON COMMERCIALLY REASONABLE TERMS AS DETER-
MINED BY THE COMMISSION.
(C) A SPORTS GOVERNING BODY MAY NOTIFY THE COMMISSION THAT IT DESIRES
TO REQUIRE CASINOS TO USE OFFICIAL LEAGUE DATA IN SPORTS WAGERING
INVOLVING SPECIFIC TIER THREE SPORTS WAGERS BY PROVIDING NOTICE IN THE
FORM AND MANNER AS THE COMMISSION MAY REQUIRE. UPON RECEIVING SUCH
NOTICE, THE COMMISSION SHALL REVIEW THE REQUEST, SEEK INPUT FROM THE
CASINOS ON SUCH A REQUEST, AND IF THE COMMISSION DEEMS IT APPROPRIATE,
PROMULGATE REGULATIONS TO REQUIRE CASINOS TO USE OFFICIAL LEAGUE DATA ON
SPORTS WAGERING INVOLVING SUCH TIER THREE SPORTS WAGERS IF THE RELEVANT
SPORTS GOVERNING BODY POSSESSES A FEED OF OFFICIAL LEAGUE DATA, AND
MAKES SUCH FEED AVAILABLE FOR PURCHASE BY THE CASINOS ON COMMERCIALLY
REASONABLE TERMS AS DETERMINED BY THE COMMISSION.
(D) WHEN DETERMINING WHETHER OR NOT A SUPPLIER OF OFFICIAL LEAGUE DATA
IS OFFERING COMMERCIALLY REASONABLE TERMS, THE COMMISSION SHALL CONSIDER
THE AMOUNT CHARGED BY THE SUPPLIER OF OFFICIAL LEAGUE DATA TO GAMING
OPERATORS IN OTHER JURISDICTIONS. THIS INFORMATION SHALL BE PROVIDED TO
THE COMMISSION BY THE SUPPLIER OF OFFICIAL LEAGUE DATA UPON REQUEST OF
THE COMMISSION. ANY ENTITY PROVIDING DATA TO A CASINO FOR THE PURPOSE OF
TIER TWO SPORTS WAGERS SHALL OBTAIN A LICENSE AS A CASINO VENDOR ENTER-
PRISE AND SUCH LICENSE SHALL BE ISSUED PURSUANT TO THE PROVISIONS OF
SECTION THIRTEEN HUNDRED TWENTY-SEVEN OF THIS ARTICLE AND IN ACCORDANCE
WITH THE REGULATIONS PROMULGATED BY THE COMMISSION.
(E) NO CASINO SHALL ENTER INTO AN AGREEMENT WITH A SPORTS GOVERNING
BODY OR AN ENTITY EXPRESSLY AUTHORIZED TO DISTRIBUTE OFFICIAL LEAGUE
DATA TO BE THE EXCLUSIVE RECIPIENT OF THEIR OFFICIAL LEAGUE DATA.
(F) THE COMMISSION SHALL PROMULGATE REGULATIONS TO ALLOW AN AUTHORIZED
SPORTS BETTOR TO FILE A COMPLAINT ALLEGING AN UNDERPAYMENT OR NON-PAY-
MENT OF A WINNING SPORTS WAGER. ANY SUCH REGULATIONS SHALL PROVIDE THAT
THE COMMISSION UTILIZE THE STATISTICS, RESULTS, OUTCOMES, AND OTHER DATA
RELATING TO A SPORTING EVENT THAT HAVE BEEN OBTAINED FROM THE RELEVANT
SPORTS GOVERNING BODY IN DETERMINING THE VALIDITY OF SUCH CLAIM.
16. A CASINO SHALL NOT PERMIT SPORTS WAGERING BY ANYONE THEY KNOW, OR
SHOULD HAVE KNOWN, TO BE A PROHIBITED SPORTS BETTOR.
17. SPORTS WAGERING CONDUCTED PURSUANT TO THE PROVISIONS OF THIS
SECTION IS HEREBY AUTHORIZED.
18. THE COMMISSION SHALL PROMULGATE RULES THAT REQUIRE AN OPERATOR TO
IMPLEMENT RESPONSIBLE GAMING PROGRAMS THAT INCLUDE COMPREHENSIVE EMPLOY-
EE TRAININGS ON RESPONDING TO CIRCUMSTANCES IN WHICH INDIVIDUALS PRESENT
SIGNS OF A GAMBLING ADDICTION AND REQUIREMENTS FOR CASINOS AND OPERATORS
UNDER SECTION THIRTEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE TO ASSESS,
PREVENT, AND ADDRESS PROBLEM GAMING BY USERS UNDER THE AGE OF THIRTY.
THE COMMISSION SHALL ESTABLISH A HOTLINE OR OTHER METHOD OF COMMUNI-
CATION THAT WILL ALLOW ANY PERSON TO CONFIDENTIALLY REPORT INFORMATION
ABOUT PROHIBITED CONDUCT TO THE COMMISSION. THE COMMISSION SHALL PROMUL-
GATE RULES GOVERNING THE INVESTIGATION AND RESOLUTION OF A CHARGE OF ANY
PERSON PURPORTED TO HAVE ENGAGED IN PROHIBITED CONDUCT.
19. THE CONDUCT OF SPORTS WAGERING IN VIOLATION OF THIS SECTION IS
PROHIBITED.
20. (A) IN ADDITION TO ANY CRIMINAL PENALTIES PROVIDED FOR UNDER ARTI-
CLE TWO HUNDRED TWENTY-FIVE OF THE PENAL LAW, ANY PERSON, FIRM, CORPO-
RATION, ASSOCIATION, AGENT, OR EMPLOYEE, WHO IS NOT AUTHORIZED TO OFFER
SPORTS WAGERING UNDER THIS SECTION OR SECTION THIRTEEN HUNDRED SIXTY-
S. 17--D 12
SEVEN-A OF THIS TITLE, AND WHO KNOWINGLY OFFERS OR ATTEMPTS TO OFFER
SPORTS WAGERING OR MOBILE SPORTS WAGERING IN NEW YORK SHALL BE LIABLE
FOR A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS FOR
EACH VIOLATION, NOT TO EXCEED FIVE MILLION DOLLARS FOR VIOLATIONS ARIS-
ING OUT OF THE SAME TRANSACTION OR OCCURRENCE, WHICH SHALL ACCRUE TO THE
STATE AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE COMMISSION.
(B) ANY PERSON, FIRM, CORPORATION, ASSOCIATION, AGENT, OR EMPLOYEE WHO
KNOWINGLY VIOLATES ANY PROCEDURE IMPLEMENTED UNDER THIS SECTION, OR
SECTION THIRTEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE, SHALL BE LIABLE
FOR A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
VIOLATION, NOT TO EXCEED FIFTY THOUSAND DOLLARS FOR VIOLATIONS ARISING
OUT OF THE SAME TRANSACTION OR OCCURRENCE, WHICH SHALL ACCRUE TO THE
STATE AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE COMMISSION.
§ 2. The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 1367-a to read as follows:
§ 1367-A. MOBILE SPORTS WAGERING. 1. (A) EXCEPT AS PROVIDED IN THIS
SUBDIVISION, THE TERMS IN THIS SECTION SHALL HAVE THE SAME MEANINGS AS
SUCH TERMS ARE DEFINED IN SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED
SIXTY-SEVEN OF THIS TITLE.
(B) "OPERATOR" FOR PURPOSES OF THIS SECTION, MEANS A CASINO WHICH HAS
ELECTED TO OFFER A MOBILE SPORTS WAGERING PLATFORM, AN INDIAN TRIBE (OR
AGENT OF SUCH INDIAN TRIBE) THAT HAS ENTERED INTO A TRIBAL-STATE GAMING
COMPACT IN ACCORDANCE WITH THE INDIAN GAMING REGULATORY ACT, 25 U.S.C.
2710, THAT IS IN EFFECT AND HAS BEEN RATIFIED BY THE STATE AND HAS
ENTERED INTO A SPORTS WAGERING AGREEMENT TO OPERATE WITH THE COMMISSION
PURSUANT TO THIS SECTION, OR THE AGENT OF SUCH LICENSED GAMING FACILITY
OR SUCH INDIAN TRIBE.
2. (A) NO CASINO SHALL ADMINISTER, MANAGE, OR OTHERWISE MAKE AVAILABLE
A MOBILE SPORTS WAGERING PLATFORM TO PERSONS LOCATED IN NEW YORK STATE
UNLESS REGISTERED WITH THE COMMISSION PURSUANT TO THIS SECTION. A CASINO
MAY USE ONE MOBILE SPORTS WAGERING PLATFORM AND BRAND PROVIDED THAT SUCH
PLATFORM AND BRAND HAS BEEN REVIEWED AND APPROVED BY THE COMMISSION. A
CASINO MAY CONTRACT WITH AN INDEPENDENT OPERATOR TO PROVIDE ITS MOBILE
SPORTS WAGERING PLATFORM. THE INDEPENDENT OPERATOR MAY DISPLAY ITS BRAND
ON THE PLATFORM IN ADDITION TO THE CASINO'S BRAND.
(B) REGISTRATIONS ISSUED BY THE COMMISSION SHALL REMAIN IN EFFECT FOR
FIVE YEARS. THE COMMISSION SHALL ESTABLISH A PROCESS FOR RENEWAL.
(C) THE COMMISSION SHALL PUBLISH A LIST OF ALL OPERATORS AND CASINOS
REGISTERED TO OFFER MOBILE SPORTS WAGERING IN NEW YORK STATE PURSUANT TO
THIS SECTION ON THE COMMISSION'S WEBSITE FOR PUBLIC USE.
3. IN THE EVENT THAT A CASINO CONTRACTS WITH AN OPERATOR TO PROVIDE
ITS MOBILE SPORTS WAGERING PLATFORM AND BRAND, SUCH OPERATOR SHALL
OBTAIN A LICENSE AS A CASINO VENDOR ENTERPRISE PRIOR TO THE EXECUTION OF
ANY SUCH CONTRACT, AND SUCH LICENSE SHALL BE ISSUED PURSUANT TO THE
PROVISIONS OF SECTION THIRTEEN HUNDRED TWENTY-SEVEN OF THIS ARTICLE AND
IN ACCORDANCE WITH THE REGULATIONS PROMULGATED BY THE COMMISSION.
3-A. (A) AS A CONDITION OF REGISTRATION AS AN OPERATOR, EACH CASINO
SHALL AGREE, UPON REQUEST OF AN INDIAN TRIBE THAT HAS NOT ENTERED INTO
AN AGREEMENT FOR MOBILE SPORTS WAGERING WITH ANOTHER CASINO, TO PROVIDE
A SITE FOR A MOBILE SPORTS WAGERING SERVER AND RELATED EQUIPMENT FOR THE
INDIAN TRIBE AS DIRECTED BY THE COMMISSION, AT NO COST TO THE INDIAN
TRIBE EXCEPT THE DIRECT AND ACTUAL COST OF HOSTING THE SERVER OR OTHER
EQUIPMENT USED BY THE INDIAN TRIBE AS DETERMINED BY THE COMMISSION.
(B) AS A CONDITION OF REGISTRATION AS AN OPERATOR IN NEW YORK STATE,
AN INDIAN TRIBE SHALL ENTER INTO AN AGREEMENT WITH THE COMMISSION WITH
RESPECT TO MOBILE SPORTS WAGERING:
S. 17--D 13
(I) TO FOLLOW THE REQUIREMENTS IMPOSED ON CASINOS AND OPERATORS UNDER
THIS SECTION AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE WITH
RESPECT TO THE INDIAN TRIBE'S MOBILE SPORTS WAGERING; TO ADHERE TO THE
REGULATIONS PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION WITH
RESPECT TO MOBILE SPORTS WAGERING, AND TO SUBMIT TO THE COMMISSION'S
ENFORCEMENT OF THIS SECTION AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF
THIS TITLE AND REGULATIONS PROMULGATED THEREUNDER WITH RESPECT TO MOBILE
SPORTS WAGERING, INCLUDING BY WAIVING TRIBAL SOVEREIGN IMMUNITY FOR THE
SOLE AND LIMITED PURPOSE OF SUCH ENFORCEMENT. NOTHING HEREIN SHALL BE
CONSTRUED AS REQUIRING AN INDIAN TRIBE'S AGREEMENT TO ADHERE TO THE
REQUIREMENTS OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE FOR
GAMING CONDUCTED ON TRIBAL LANDS AS A CONDITION OF OFFERING MOBILE
SPORTS WAGERING UNDER THIS SECTION;
(II) TO WAIVE THE INDIAN TRIBE'S EXCLUSIVE GEOGRAPHIC RIGHT TO OFFER
AND CONDUCT MOBILE SPORTS WAGERING, BUT NOT OTHERWISE;
(III) TO REMIT PAYMENT TO THE STATE EQUAL TO TAX ON SPORTS WAGERING
REVENUE IMPOSED UNDER SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE
WITH RESPECT TO MOBILE SPORTS WAGERING;
(IV) NOT TO OFFER OR TO CONDUCT MOBILE GAMING OTHER THAN MOBILE SPORTS
WAGERING PURSUANT TO THIS SECTION UNLESS SUCH MOBILE GAMING IS OTHERWISE
AUTHORIZED BY STATE OR FEDERAL LAW; AND
(V) TO LOCATE THE SERVER OR OTHER EQUIPMENT USED BY THE INDIAN TRIBE
OR ITS AGENT TO ACCEPT MOBILE SPORTS WAGERING AT A CASINO AS DEFINED IN
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN
OF THIS TITLE THAT HAS APPLIED FOR AND IS ELIGIBLE TO REGISTER AS AN
OPERATOR OF MOBILE SPORTS WAGERING PURSUANT TO THIS SECTION AND TO PAY
THE ACTUAL COST OF HOSTING THE SERVER OR OTHER EQUIPMENT AS DETERMINED
BY THE COMMISSION.
(C) ALL AGREEMENTS ENTERED INTO CASINOS AND INDIAN TRIBES WITH RESPECT
TO HOSTING MOBILE SPORTS WAGERING PLATFORMS FOR AN INDIAN TRIBE:
(I) MUST BE APPROVED BY THE COMMISSION PRIOR TO TAKING EFFECT AND
BEFORE REGISTRATION OF THE CASINO OR INDIAN TRIBE AS AN OPERATOR UNDER
THIS SECTION;
(II) MUST PROVIDE THAT THE INDIAN TRIBE MAY, AT ITS SOLE DISCRETION,
TERMINATE THE AGREEMENT AND ALL COMMITMENTS, UNDERTAKINGS AND WAIVERS
MADE BY THE INDIAN TRIBE THEREUNDER, EXCEPT THAT THE INDIAN TRIBE'S
WAIVER OF ITS EXCLUSIVE GEOGRAPHIC RIGHT TO OFFER AND CONDUCT MOBILE
SPORTS WAGERING SHALL SURVIVE THE TERMINATION OF THE AGREEMENT;
(III) SHALL BE LIMITED IN APPLICABILITY SOLELY TO THE INDIAN TRIBE'S
OPERATION OF MOBILE SPORTS BETTING AND SHALL NOT EXTEND TO ANY OTHER
OPERATION OR ACTIVITY OF THE INDIAN TRIBE; AND
(IV) SHALL NOT CREATE ANY RIGHTS OR PRIVILEGES TO ANY THIRD PARTY WHO
IS NOT A PARTY TO THE AGREEMENT, EXCEPT THAT THE COMMISSION SHALL HAVE
THE POWER TO ENFORCE THE AGREEMENT INCLUDING BY REVOKING OR SUSPENDING
THE REGISTRATION OF A PARTY THAT FAILS TO COMPLY WITH ITS OBLIGATIONS
UNDER THE AGREEMENT.
(D) NO MOBILE SPORTS WAGERING MAY BE CONDUCTED WITHIN AN INDIAN
TRIBE'S EXCLUSIVE GEOGRAPHIC AREA UNLESS THE INDIAN TRIBE WITH EXCLUSIVE
GEOGRAPHIC RIGHT TO THAT AREA IS REGISTERED AS AN OPERATOR UNDER THIS
SECTION. OPERATORS SHALL USE GEO-LOCATION AND GEO-FENCING TECHNOLOGY TO
ENSURE THAT MOBILE SPORTS WAGERING IS NOT AVAILABLE TO PERSONS WHO ARE
PHYSICALLY LOCATED IN AN INDIAN TRIBE'S EXCLUSIVE GEOGRAPHIC AREA,
UNLESS THE INDIAN TRIBE WITH EXCLUSIVE GEOGRAPHIC RIGHT TO THAT AREA IS
REGISTERED AS AN OPERATOR UNDER THIS SECTION.
3-B.(A) THE COMMISSION SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION, INCLUDING:
S. 17--D 14
(I) THE DEVELOPMENT OF THE INITIAL FORM OF THE APPLICATION FOR REGIS-
TRATION;
(II) RESPONSIBLE PROTECTIONS WITH REGARD TO COMPULSIVE PLAY SAFEGUARDS
FOR FAIR PLAY;
(III) REQUIRING THAT OPERATORS ADOPT CONTROLS TO PREVENT MINORS FROM
CREATING ACCOUNTS AND PLACING WAGERS;
(IV) REQUIRING THAT OPERATORS ADOPT CONTROLS TO MAINTAIN THE EFFICIEN-
CY OF SELF-EXCLUSION LIMITS; AND
(V) REQUIRING THAT OPERATORS UTILIZE COMMERCIALLY REASONABLE TECHNO-
LOGICAL MEANS OF VERIFYING ACCOUNT HOLDERS' IDENTITIES.
(B) THE COMMISSION SHALL PRESCRIBE THE INITIAL FORM OF THE APPLICATION
FOR REGISTRATION, FOR OPERATORS, WHICH SHALL REQUIRE, BUT NOT BE LIMITED
TO:
(I) THE FULL NAME AND PRINCIPAL ADDRESS OF THE OPERATOR;
(II) IF A CORPORATION, THE NAME OF THE STATE IN WHICH INCORPORATED AND
THE FULL NAMES AND ADDRESSES OF ANY PARTNER, OFFICER, DIRECTOR, SHARE-
HOLDER HOLDING TEN PERCENT OR MORE EQUITY, AND ULTIMATE EQUITABLE
OWNERS;
(III) IF A BUSINESS ENTITY OTHER THAN A CORPORATION, THE FULL NAMES
AND ADDRESSES OF THE PRINCIPALS, PARTNERS, SHAREHOLDERS HOLDING FIVE
PERCENT OR MORE EQUITY, AND ULTIMATE EQUITABLE OWNERS;
(IV) WHETHER SUCH CORPORATION OR ENTITY FILES INFORMATION AND REPORTS
WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY
SECTION THIRTEEN OF THE SECURITIES EXCHANGE ACT OF 1934, 15 U.S.C. §§
78A-78KK; OR WHETHER THE SECURITIES OF THE CORPORATION OR ENTITY ARE
REGULARLY TRADED ON AN ESTABLISHED SECURITIES MARKET IN THE UNITED
STATES;
(V) THE TYPE AND ESTIMATED NUMBER OF CONTESTS TO BE CONDUCTED ANNUAL-
LY; AND
(VI) A STATEMENT OF THE ASSETS AND LIABILITIES OF THE OPERATOR.
(C) THE COMMISSION MAY REQUIRE THE FULL NAMES AND ADDRESSES OF THE
OFFICERS AND DIRECTORS OF ANY CREDITOR OF THE OPERATOR, AND OF THOSE
STOCKHOLDERS WHO HOLD MORE THAN TEN PERCENT OF THE STOCK OF THE CREDI-
TOR.
(D) UPON RECEIPT OF AN APPLICATION FOR REGISTRATION FOR EACH INDIVID-
UAL LISTED ON SUCH APPLICATION AS AN OFFICER OR DIRECTOR, THE COMMISSION
SHALL SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES A SET OF FING-
ERPRINTS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES PROCESSING FEE
IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIR-
TY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE IMPOSED BY THE FEDERAL BUREAU
OF INVESTIGATION. UPON RECEIPT OF THE FINGERPRINTS, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL PROMPTLY FORWARD A SET OF THE INDIVID-
UAL'S FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE
PURPOSE OF A NATIONWIDE CRIMINAL HISTORY RECORD CHECK TO DETERMINE
WHETHER SUCH INDIVIDUAL HAS BEEN CONVICTED OF A CRIMINAL OFFENSE IN ANY
STATE OTHER THAN NEW YORK OR IN A FEDERAL JURISDICTION. THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL PROMPTLY PROVIDE THE REQUESTED CRIMINAL
HISTORY INFORMATION TO THE COMMISSION. FOR THE PURPOSES OF THIS SECTION,
THE TERM "CRIMINAL HISTORY INFORMATION" SHALL MEAN A RECORD OF ALL
CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN
INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL
BUREAU OF INVESTIGATION. ALL SUCH CRIMINAL HISTORY INFORMATION SENT TO
THE COMMISSION PURSUANT TO THIS SUBDIVISION SHALL BE CONFIDENTIAL AND
SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE
COMMISSION, UNLESS OTHERWISE AUTHORIZED BY LAW.
S. 17--D 15
(E) UPON RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH
(D) OF THIS SUBDIVISION, THE COMMISSION SHALL MAKE A DETERMINATION TO
APPROVE OR DENY AN APPLICATION FOR REGISTRATION; PROVIDED, HOWEVER, THAT
BEFORE MAKING A DETERMINATION ON SUCH APPLICATION, THE COMMISSION SHALL
PROVIDE THE SUBJECT OF THE RECORD WITH A COPY OF SUCH CRIMINAL HISTORY
INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
AND INFORM SUCH PROSPECTIVE APPLICANT SEEKING TO BE CREDENTIALED OF HIS
OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT TO THE REGULATIONS AND
PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
THE COMMISSION SHALL DENY ANY APPLICATION FOR REGISTRATION, OR SUSPEND,
REFUSE TO RENEW, OR REVOKE ANY EXISTING REGISTRATION ISSUED PURSUANT TO
THIS ARTICLE, UPON THE FINDING THAT THE OPERATOR OR REGISTRANT, OR ANY
PARTNER, OFFICER, DIRECTOR, OR SHAREHOLDER:
(I) HAS KNOWINGLY MADE A FALSE STATEMENT OF MATERIAL FACT OR HAS
DELIBERATELY FAILED TO DISCLOSE ANY INFORMATION REQUIRED BY THE COMMIS-
SION;
(II) HAS HAD A GAMING REGISTRATION OR LICENSE DENIED, SUSPENDED, OR
REVOKED IN ANY OTHER STATE OR COUNTRY FOR JUST CAUSE;
(III) HAS LEGALLY DEFAULTED IN THE PAYMENT OF ANY OBLIGATION OR DEBT
DUE TO ANY STATE OR POLITICAL SUBDIVISION; OR
(IV) HAS AT ANY TIME KNOWINGLY FAILED TO COMPLY WITH ANY REQUIREMENT
OUTLINED IN THIS SECTION, ANY OTHER PROVISION OF THIS ARTICLE, ANY REGU-
LATIONS PROMULGATED BY THE COMMISSION OR ANY ADDITIONAL REQUIREMENTS OF
THE COMMISSION.
(F) ALL DETERMINATIONS TO APPROVE OR DENY AN APPLICATION PURSUANT TO
THIS ARTICLE SHALL BE PERFORMED IN A MANNER CONSISTENT WITH SUBDIVISION
SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW. WHEN THE COMMISSION DENIES AN
APPLICATION, THE OPERATOR SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE
HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE
WITH THE REGULATIONS OF THE COMMISSION.
4. (A) AS A CONDITION OF REGISTRATION IN NEW YORK STATE, EACH OPERATOR
SHALL IMPLEMENT THE FOLLOWING MEASURES:
(I) LIMIT EACH AUTHORIZED SPORTS BETTOR TO ONE ACTIVE AND CONTINUOUSLY
USED ACCOUNT ON THEIR PLATFORM, AND PREVENT ANYONE THEY KNOW, OR SHOULD
HAVE KNOWN TO BE A PROHIBITED SPORTS BETTOR FROM MAINTAINING ACCOUNTS OR
PARTICIPATING IN ANY SPORTS WAGERING OFFERED BY SUCH OPERATOR;
(II) ADOPT APPROPRIATE SAFEGUARDS TO ENSURE, TO A REASONABLE DEGREE OF
CERTAINTY, THAT AUTHORIZED SPORTS BETTORS ARE PHYSICALLY LOCATED WITHIN
THE STATE WHEN ENGAGING IN MOBILE SPORTS BETTING;
(III) PROHIBIT MINORS FROM PARTICIPATING IN ANY SPORTS WAGERING, WHICH
INCLUDES:
(1) IF AN OPERATOR BECOMES OR IS MADE AWARE THAT A MINOR HAS CREATED
AN ACCOUNT, OR ACCESSED THE ACCOUNT OF ANOTHER, SUCH OPERATOR SHALL
PROMPTLY, WITHIN NO MORE THAN TWO BUSINESS DAYS, REFUND ANY DEPOSIT
RECEIVED FROM THE MINOR, WHETHER OR NOT THE MINOR HAS ENGAGED IN OR
ATTEMPTED TO ENGAGE IN SPORTS WAGERING; PROVIDED, HOWEVER, THAT ANY
REFUND MAY BE OFFSET BY ANY PRIZES ALREADY AWARDED;
(2) EACH OPERATOR SHALL PROVIDE PARENTAL CONTROL PROCEDURES TO ALLOW
PARENTS OR GUARDIANS TO EXCLUDE MINORS FROM ACCESS TO ANY SPORTS WAGER-
ING OR PLATFORM. SUCH PROCEDURES SHALL INCLUDE A TOLL-FREE NUMBER TO
CALL FOR HELP IN ESTABLISHING SUCH PARENTAL CONTROLS; AND
(3) EACH OPERATOR SHALL TAKE APPROPRIATE STEPS TO CONFIRM THAT AN
INDIVIDUAL OPENING AN ACCOUNT IS NOT A MINOR;
S. 17--D 16
(IV) WHEN REFERENCING THE CHANCES OR LIKELIHOOD OF WINNING IN ADVER-
TISEMENTS OR UPON PLACEMENT OF A SPORTS WAGER, MAKE CLEAR AND CONSPICU-
OUS STATEMENTS THAT ARE NOT INACCURATE OR MISLEADING CONCERNING THE
CHANCES OF WINNING AND THE NUMBER OF WINNERS;
(V) ENABLE AUTHORIZED SPORTS BETTORS TO EXCLUDE THEMSELVES FROM SPORTS
WAGERING AND TAKE REASONABLE STEPS TO PREVENT SUCH BETTORS FROM ENGAGING
IN SPORTS WAGERING FROM WHICH THEY HAVE EXCLUDED THEMSELVES;
(VI) PERMIT ANY AUTHORIZED SPORTS BETTOR TO PERMANENTLY CLOSE AN
ACCOUNT REGISTERED TO SUCH BETTOR, ON ANY AND ALL PLATFORMS SUPPORTED BY
SUCH OPERATOR, AT ANY TIME AND FOR ANY REASON;
(VII) OFFER INTRODUCTORY PROCEDURES FOR AUTHORIZED SPORTS BETTORS,
THAT SHALL BE PROMINENTLY DISPLAYED ON THE MAIN PAGE OF SUCH OPERATOR
PLATFORM, THAT EXPLAIN SPORTS WAGERING;
(VIII) IMPLEMENT MEASURES TO PROTECT THE PRIVACY AND ONLINE SECURITY
OF AUTHORIZED SPORTS BETTORS AND THEIR ACCOUNTS;
(IX) OFFER ALL AUTHORIZED SPORTS BETTORS ACCESS TO HIS OR HER ACCOUNT
HISTORY AND ACCOUNT DETAILS;
(X) ENSURE AUTHORIZED SPORTS BETTORS' FUNDS ARE PROTECTED UPON DEPOSIT
AND SEGREGATED FROM THE OPERATING FUNDS OF SUCH OPERATOR AND OTHERWISE
PROTECTED FROM CORPORATE INSOLVENCY, FINANCIAL RISK, OR CRIMINAL OR
CIVIL ACTIONS AGAINST SUCH OPERATOR;
(XI) LIST ON EACH WEBSITE, IN A PROMINENT PLACE, INFORMATION CONCERN-
ING ASSISTANCE FOR COMPULSIVE PLAY IN NEW YORK STATE, INCLUDING A TOLL-
FREE NUMBER DIRECTING CALLERS TO REPUTABLE RESOURCES CONTAINING FURTHER
INFORMATION, WHICH SHALL BE FREE OF CHARGE;
(XII) ENSURE NO SPORTS WAGERING SHALL BE BASED ON A PROHIBITED SPORTS
EVENT;
(XIII) PERMIT ACCOUNT HOLDERS TO ESTABLISH SELF-EXCLUSION GAMING
LIMITS ON A DAILY, WEEKLY, AND MONTHLY BASIS THAT ENABLE THE ACCOUNT
HOLDER TO IDENTIFY THE MAXIMUM AMOUNT OF MONEY AN ACCOUNT HOLDER MAY
DEPOSIT DURING SUCH PERIOD OF TIME;
(XIV) WHEN AN ACCOUNT HOLDER'S LIFETIME DEPOSITS EXCEED TWO THOUSAND
FIVE HUNDRED DOLLARS, THE OPERATOR SHALL PREVENT ANY WAGERING UNTIL THE
PATRON IMMEDIATELY ACKNOWLEDGES, AND ACKNOWLEDGES EACH YEAR THEREAFTER,
THAT THE ACCOUNT HOLDER HAS MET THE DEPOSIT THRESHOLD AND MAY ELECT TO
ESTABLISH RESPONSIBLE GAMING LIMITS OR CLOSE THE ACCOUNT, AND THE
ACCOUNT HOLDER HAS RECEIVED DISCLOSURES FROM THE OPERATOR CONCERNING
PROBLEM GAMBLING RESOURCES;
(XV) MAINTAIN A PUBLICLY ACCESSIBLE INTERNET PAGE DEDICATED TO RESPON-
SIBLE PLAY, A LINK TO WHICH MUST APPEAR ON THE OPERATOR'S WEBSITE AND IN
ANY MOBILE APPLICATION OR ELECTRONIC PLATFORM ON WHICH A BETTOR MAY
PLACE WAGERS. THE RESPONSIBLE PLAY PAGE SHALL INCLUDE: A STATEMENT OF
THE OPERATOR'S POLICY AND COMMITMENT TO RESPONSIBLE GAMING; INFORMATION
REGARDING, OR LINKS TO INFORMATION REGARDING, THE RISKS ASSOCIATED WITH
GAMBLING AND THE POTENTIAL SIGNS OF PROBLEM GAMING; THE AVAILABILITY OF
SELF-IMPOSED RESPONSIBLE GAINING LIMITS; A LINK TO A PROBLEM GAMING
WEBPAGE MAINTAINED BY THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE
SERVICES; AND SUCH OTHER INFORMATION OR STATEMENTS AS THE COMMISSION MAY
REQUIRE BY RULE; AND
(XVI) SUBMIT ANNUALLY A PROBLEM GAMING PLAN TO THE COMMISSION THAT
INCLUDES: THE OBJECTIVES OF AND TIMETABLES FOR IMPLEMENTING THE PLAN;
IDENTIFICATION OF THE PERSONS RESPONSIBLE FOR IMPLEMENTING AND MAINTAIN-
ING THE PLAN; PROCEDURES FOR IDENTIFYING USERS WITH SUSPECTED OR KNOWN
PROBLEM GAMING BEHAVIOR; PROCEDURES FOR PROVIDING INFORMATION TO USERS
CONCERNING PROBLEM GAMING IDENTIFICATION AND RESOURCES; PROCEDURES TO
S. 17--D 17
PREVENT GAMING BY MINORS AND SELF-EXCLUDED PERSONS; AND SUCH OTHER PROB-
LEM GAMING INFORMATION AS THE COMMISSION MAY REQUIRE BY RULE.
(B) OPERATORS SHALL NOT DIRECTLY OR INDIRECTLY OPERATE, PROMOTE, OR
ADVERTISE ANY PLATFORM OR SPORTS WAGERING TO PERSONS LOCATED IN NEW YORK
STATE UNLESS REGISTERED PURSUANT TO THIS ARTICLE.
(C) OPERATORS SHALL NOT OFFER ANY SPORTS WAGERING BASED ON ANY PROHIB-
ITED SPORTS EVENT.
(D) OPERATORS SHALL NOT PERMIT SPORTS WAGERING BY ANYONE THEY KNOW, OR
SHOULD HAVE KNOWN, TO BE A PROHIBITED SPORTS BETTOR.
(E) ADVERTISEMENTS FOR CONTESTS AND PRIZES OFFERED BY AN OPERATOR
SHALL NOT TARGET PROHIBITED SPORTS BETTORS, MINORS, OR SELF-EXCLUDED
PERSONS.
(F) OPERATORS SHALL PROHIBIT THE USE OF THIRD-PARTY SCRIPTS OR SCRIPT-
ING PROGRAMS FOR ANY EXCHANGE WAGERING CONTEST AND ENSURE THAT MEASURES
ARE IN PLACE TO DETER, DETECT AND, TO THE EXTENT REASONABLY POSSIBLE,
PREVENT CHEATING, INCLUDING COLLUSION, AND THE USE OF CHEATING DEVICES,
INCLUDING USE OF SOFTWARE PROGRAMS THAT SUBMIT EXCHANGE WAGERING SPORTS
WAGERS UNLESS OTHERWISE APPROVED BY THE COMMISSION.
(G) OPERATORS SHALL DEVELOP AND PROMINENTLY DISPLAY PROCEDURES ON THE
MAIN PAGE OF SUCH OPERATOR'S PLATFORM FOR THE FILING OF A COMPLAINT BY
AN AUTHORIZED SPORTS BETTOR AGAINST SUCH OPERATOR. AN INITIAL RESPONSE
SHALL BE GIVEN BY SUCH OPERATOR TO SUCH BETTOR FILING THE COMPLAINT
WITHIN FORTY-EIGHT HOURS. A COMPLETE RESPONSE SHALL BE GIVEN BY SUCH
OPERATOR TO SUCH BETTOR FILING THE COMPLAINT WITHIN TEN BUSINESS DAYS.
AN AUTHORIZED SPORTS BETTOR MAY FILE A COMPLAINT ALLEGING A VIOLATION OF
THE PROVISIONS OF THIS ARTICLE WITH THE COMMISSION.
(H) OPERATORS SHALL MAINTAIN RECORDS OF ALL ACCOUNTS BELONGING TO
AUTHORIZED SPORTS BETTORS AND RETAIN SUCH RECORDS OF ALL TRANSACTIONS IN
SUCH ACCOUNTS FOR THE PRECEDING FIVE YEARS.
(I) THE SERVER OR OTHER EQUIPMENT WHICH IS USED BY AN OPERATOR TO
ACCEPT MOBILE SPORTS WAGERING SHALL BE LOCATED IN THE LICENSED GAMING
FACILITY IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSION.
(J) ALL MOBILE SPORTS WAGERING INITIATED IN THIS STATE SHALL BE DEEMED
TO TAKE PLACE AT THE LICENSED GAMING FACILITY WHERE THE SERVER OR OTHER
EQUIPMENT USED BY AN OPERATOR TO ACCEPT MOBILE SPORTS WAGERING IS
LOCATED, REGARDLESS OF THE AUTHORIZED SPORTS BETTOR'S PHYSICAL LOCATION
WITHIN THIS STATE.
(K) ALL MOBILE SPORTS WAGERING SHALL BE CONDUCTED IN COMPLIANCE WITH
THIS SECTION AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE.
(L) PERMIT AN INDIAN TRIBE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
THREE-A OF THIS SECTION TO PLACE AT THE LICENSED GAMING FACILITY THE
SERVER OR OTHER EQUIPMENT BY WHICH THE INDIAN TRIBE MAY ACCEPT MOBILE
SPORTS WAGERING, AND TO MAKE COMMERCIALLY REASONABLE ACCOMMODATIONS AS
MAY BE NECESSARY TO PLACE AND OPERATE THE INDIAN TRIBE'S SERVER OR OTHER
EQUIPMENT.
5. (A) SUBJECT TO REGULATIONS PROMULGATED BY THE COMMISSION, CASINOS
MAY ENTER INTO AGREEMENTS WITH OPERATORS OR AFFILIATES TO ALLOW FOR
AUTHORIZED BETTORS TO SIGN UP TO CREATE AND FUND ACCOUNTS ON MOBILE
SPORTS WAGERING PLATFORMS OFFERED BY THE CASINO.
(B) AUTHORIZED SPORTS BETTORS MAY SIGN UP TO CREATE THEIR ACCOUNT ON A
MOBILE SPORTS WAGERING PLATFORM IN PERSON AT A CASINO, OR AN AFFILIATE,
OR THROUGH AN OPERATORS INTERNET WEBSITE ACCESSED VIA A MOBILE DEVICE OR
COMPUTER, OR MOBILE DEVICE APPLICATIONS.
(C) AUTHORIZED SPORTS BETTORS MAY DEPOSIT AND WITHDRAW FUNDS IN THEIR
ACCOUNT ON A MOBILE SPORTS WAGERING PLATFORM IN PERSON AT A CASINO, OR
S. 17--D 18
AN AFFILIATE, ELECTRONICALLY RECOGNIZED PAYMENT METHODS, OR VIA ANY
OTHER MEANS APPROVED BY THE COMMISSION.
(D) IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSION,
CASINOS MAY ENTER INTO AGREEMENTS WITH AFFILIATES TO LOCATE SELF-SERVICE
MOBILE SPORTS BETTING KIOSKS, WHICH ARE OWNED, OPERATED AND MAINTAINED
BY THE CASINO, AND CONNECTED VIA THE INTERNET TO THE CASINO, UPON THE
PREMISES OF THE AFFILIATE. AUTHORIZED SPORTS BETTORS MAY PLACE ACCOUNT
WAGERS, AND PLACE AND REDEEM NON-ACCOUNT CASH WAGERS, AT SUCH KIOSKS.
(E) ALL AGREEMENTS ENTERED INTO BETWEEN CASINOS AND AFFILIATES IN
RELATION TO THE PROVISIONS OF THIS SECTION SHALL BE APPROVED BY THE
COMMISSION PRIOR TO TAKING EFFECT AND SHALL INCLUDE A PLAN FOR THE TIME-
LY PAYMENT OF LIABILITIES DUE TO THE AFFILIATE UNDER THE AGREEMENT;
PROVIDED, HOWEVER, THAT THE COMMISSION SHALL NOT APPROVE ANY SUCH AGREE-
MENT BETWEEN A CASINO AND A RACETRACK LICENSED PURSUANT TO THIS CHAPTER
OR AN OPERATOR OF VIDEO LOTTERY GAMING AT AQUEDUCT LICENSED PURSUANT TO
SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW, UNTIL
TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH; AND PROVIDED,
FURTHER, THAT THE COMMISSION SHALL NOT APPROVE ANY SUCH AGREEMENT
BETWEEN A CASINO AND A PROFESSIONAL SPORTS STADIUM OR ARENA, UNTIL TWEN-
TY MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.
6. THE COMMISSION SHALL ANNUALLY CAUSE A REPORT TO BE PREPARED AND
DISTRIBUTED TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPACT OF MOBILE
SPORTS WAGERING ON PROBLEM GAMBLERS IN NEW YORK. THE REPORT SHALL
INCLUDE AN ASSESSMENT OF PROBLEM GAMING AMONG PERSONS UNDER THE AGE OF
THIRTY. THE REPORT SHALL BE PREPARED BY A NON-GOVERNMENTAL ORGANIZATION
OR ENTITY WITH EXPERTISE IN SERVING THE NEEDS OF PERSONS WITH GAMBLING
ADDICTIONS. THE REPORT SHALL BE PREPARED AND DISTRIBUTED UNDER THE
SUPERVISION OF AND IN COORDINATION WITH THE COMMISSION. THE COSTS ASSO-
CIATED WITH THE PREPARATION AND DISTRIBUTION OF THE REPORT SHALL BE
BORNE BY OPERATORS AND THE COMMISSION SHALL BE AUTHORIZED TO ASSESS A
FEE AGAINST OPERATORS FOR THESE PURPOSES. THE COMMISSION SHALL ALSO
REPORT PERIODICALLY TO THE GOVERNOR AND THE LEGISLATURE ON THE EFFEC-
TIVENESS OF THE STATUTORY AND REGULATORY CONTROLS IN PLACE TO ENSURE THE
INTEGRITY OF MOBILE SPORTS WAGERING OPERATIONS.
§ 3. Section 104 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 24 to read as follows:
24. TO REGULATE SPORTS WAGERING IN NEW YORK STATE.
§ 4. Severability clause. If any provision of this act or application
thereof shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder of the act, but shall be confined in its opera-
tion to the provision thereof directly involved in the controversy in
which the judgment shall have been rendered.
§ 5. This act shall take effect immediately.
