Senate Bill S3739B

2021-2022 Legislative Session

Requires all advertisements for gambling and sports betting to include warnings about potential harmful and addictive effects of gambling

download bill text pdf

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2022	print number 3739b
Mar 10, 2022	amend and recommit to racing, gaming and wagering
Mar 08, 2022	print number 3739a
Mar 08, 2022	amend (t) and recommit to racing, gaming and wagering
Jan 05, 2022	referred to racing, gaming and wagering
Jan 30, 2021	referred to racing, gaming and wagering

Bill Amendments

Original

B (Active)

2021-S3739 - Details

See Assembly Version of this Bill:: A3826
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Amd §§1363 & 111, RWB L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8874, A9031
2023-2024: S1550, A1118

2021-S3739 - Summary

Requires all advertisements for gambling and sports betting to include warnings about potential harmful and addictive effects of gambling; requires the state gaming commission to cooperate with the commissioner of addiction services and supports to ensure that all advertisements for gaming activity state a problem gambling hotline number.

2021-S3739 - Sponsor Memo

                                
 
BILL NUMBER: S3739

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring all advertisements for gambling and sports betting
to include warnings about potential harmful and addictive effects of
gambling

 
PURPOSE OR GENERAL IDEA OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring all advertisements for gambling to include warn-
ings about potential harmful and addictive effect of gambling

 
SUMMARY OF PROVISIONS:

Amends the racing, pari-mutuel wagering and breeding law, to provide
affirmative statutory language that ensures that all advertisements for
gambling/gaming/sports wagering contain warnings about the potential

harmful and addictive effects of gambling.

 
JUSTIFICATION:

New York State residents have access to wagering at multiple casinos,
racetracks, the lottery and other venues and means. Gambling will be
even more accessible. In New York State, gambling can be found every-
where from physical casinos to a multitude of online websites and apps.
The advent of the internet has made gambling more accessible through
online betting platform. As gambling becomes more easily accessed by
more people, the number of lives negatively affected by gambling has
also increased. This can lead to serious consequences for both the
gambler and their family.

The Wagering Industry has invested substantial amounts in advertising.
Yet, New York State invest merely 1 million dollars a year per public
service announcements regarding problem gambling. The National Council
on Problem Gambling defines problem gambling as, (G)ambling behavior
which causes disruptions in any major area of life:  psychological,
physical, social or vocational." This may include pathological and
compulsive gambling, which is a form of addiction that grows worse as
time progresses. Statistics reports that "approximately 2.6% of the U.S.
population has some type of gambling issue. That adds up to nearly 10
million people in the United States who struggle with a gambling habit."
(National Council on Problem Gambling).

In the unprecedented growth of gambling, where it is easy to place bets
with PayPal, credit cards, bitcoin, or money-transfer apps; it is also
important as a state to be proactive identifying and preventing poten-
tial problems of gambling. If signed into law, this bill would require
industries to include warnings about potential harmful and addictive
effects of gambling.

 
PRIOR LEGISLATIVE HISTORY:

Not applicable.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Not applicable.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S3739 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3739
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
   relation to requiring  all  advertisements  for  gambling  and  sports
   betting  to  include  warnings  about  potential harmful and addictive
   effects of gambling
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  1 of section 1363 of the
 racing, pari-mutuel wagering and breeding law, as added by  chapter  174
 of  the  laws  of 2013, is amended and a new subdivision 3-a is added to
 read as follows:
   (a) "advertisement" shall mean any  notice  or  communication  to  the
 public  or any information concerning GAMING, GAMBLING, SPORTS WAGERING,
 AS DEFINED IN SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS ARTICLE,  the
 gaming-related  business  of  a  gaming  facility  licensee or applicant
 through broadcasting, INCLUDING BUT NOT LIMITED  TO  RADIO  BROADCASTING
 AND  TELEVISION  BROADCASTING, publication or any other means of dissem-
 ination, including electronic dissemination.  Promotional activities are
 considered advertisements for purposes of this section.
   3-A. EACH ADVERTISEMENT SHALL,  CLEARLY  AND  CONSPICUOUSLY,  STATE  A
 WARNING  ABOUT  THE POTENTIAL HARMFUL AND ADDICTIVE EFFECTS OF GAMBLING.
 THE COMMISSION SHALL PROMULGATE RULES  AND  REGULATIONS  REGARDING  SUCH
 EFFECTS AND SHALL INCLUDE SUCH IN ALL APPLICABLE ADVERTISEMENTS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03193-01-1

2021-S3739A - Details

See Assembly Version of this Bill:: A3826
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Amd §§1363 & 111, RWB L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8874, A9031
2023-2024: S1550, A1118

2021-S3739A - Summary

2021-S3739A - Sponsor Memo

                                 
BILL NUMBER: S3739A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring all advertisements for gambling and sports betting
to include warnings about potential harmful and addictive effects of
gambling and to requiring the state gaming commission to cooperate with
the commissioner of addiction services and supports to ensure that all
advertisements for gaming activity state a problem gambling hotline
number

 
PURPOSE OR GENERAL IDEA OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring all advertisements for gambling to include warn-
ings about potential harmful and addictive effect cf gambling

 
SUMMARY OF PROVISIONS:

Amends the racing, pari-mutuel wagering and breeding law, to provide

affirmative statutory language that ensures that all advertisements for
gambling/gaming/sports wagering contain warnings about the potential
harmful and addictive effects of gambling.

 
JUSTIFICATION:

New York State residents have access to wagering at multiple casinos,
racetracks, the lottery and other venues and means. Gambling will be
even more accessible. In New York State, gambling can be found every-
where from physical casinos to a multitude of online websites and apps.
The advent of the internet has made gambling more accessible through
online betting platform. As gambling becomes more easily accessed by
more people, the number of lives negatively affected by gambling has
also increased. This can lead to serious consequences for both the
gambler and their family.

The Wagering Industry has invested substantial amounts in advertising.
Yet, New York State invest merely 1 million dollars a year per public
service announcements regarding problem gambling. The National Council
on Problem Gambling defines problem gambling as, (G)ambling behavior
which causes disruptions in any major area of life:  psychological,
physical, social or vocational." This may include pathological and
compulsive gambling, which is a form of addiction that grows worse as
time progresses. Statistics reports that "approximately 2.6% of the U.S.
population has some type of gambling issue. That adds up to nearly 10
million people in the United States who struggle with a gambling habit."
(National Council on Problem Gambling).

In the unprecedented growth of gambling, where it is easy to place bets
with PayPal, credit cards, bitcoin, or money-transfer apps; it is also
important as a state to be proactive identifying and preventing poten-
tial problems of gambling. If s'!gned,into law, this bill would require
industries to include warnings about potential harmful and addictive
effects of gambling.

 
PRIOR LEGISLATIVE HISTORY:

Not applicable.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not applicable.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S3739A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3739--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing  -- recommitted to the Committee on Racing, Gaming and Wagering in
   accordance with Senate Rule 6, sec. 8 --  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  requiring  all  advertisements  for  gambling and sports
   betting to include warnings  about  potential  harmful  and  addictive
   effects  of  gambling  and to requiring the state gaming commission to
   cooperate with the commissioner of addiction services and supports  to
   ensure  that  all  advertisements  for gaming activity state a problem
   gambling hotline number
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  1 of section 1363 of the
 racing, pari-mutuel wagering and breeding law, as added by  chapter  174
 of the laws of 2013, is amended to read as follows:
   (a)  "advertisement"  shall  mean  any  notice or communication to the
 public or any information concerning the gaming-related  business  of  a
 gaming facility licensee or applicant OR A MOBILE SPORTS WAGERING LICEN-
 SEE  AS  DEFINED IN SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS ARTICLE
 through broadcasting, publication or any other means  of  dissemination,
 including  electronic dissemination.  Promotional activities are consid-
 ered advertisements for purposes of this section.
   § 2. Subdivision 1 of section 111 of the racing, pari-mutuel  wagering
 and  breeding  law, as added by section 1 of part A of chapter 60 of the
 laws of 2012, is amended to read as follows:
   1. (A) The commission shall cooperate with the commissioner of  [alco-
 holism  and substance abuse services] ADDICTION SERVICES AND SUPPORTS to
 ensure the posting of signs and listing of information on  the  internet
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03193-03-1

 S. 3739--A                          2
 
 designed  to  assist  compulsive  gamblers pursuant to the provisions of
 subdivision (h) of section 19.09 of the mental hygiene law.
   (B)  THE COMMISSION SHALL COOPERATE WITH THE COMMISSIONER OF ADDICTION
 SERVICES AND SUPPORTS TO  ENSURE  THAT  ALL  ADVERTISEMENTS  FOR  GAMING
 ACTIVITY  CLEARLY  AND  CONSPICUOUSLY  STATE  A PROBLEM GAMBLING HOTLINE
 NUMBER.
   (C) THE COMMISSION SHALL MAKE AVAILABLE ON ITS WEBSITE INFORMATION AND
 TECHNICAL SUPPORT WHICH INCLUDES, BUT IS NOT LIMITED TO, GUIDELINES  FOR
 ANY  ASSOCIATION, CORPORATIONS LICENSED OR ENFRANCHISED PURSUANT TO THIS
 CHAPTER ON ADVERTISING RESTRICTIONS.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

co-Sponsors

2021-S3739B (ACTIVE) - Details

See Assembly Version of this Bill:: A3826
Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Amd §§1363 & 111, RWB L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8874, A9031
2023-2024: S1550, A1118

2021-S3739B (ACTIVE) - Summary

2021-S3739B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3739B

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring all advertisements for gambling and sports betting
to include warnings about potential harmful and addictive effects of
gambling and to requiring the state gaming commission to cooperate with
the commissioner of addiction services and supports to ensure that all
advertisements for gaming activity state a problem gambling hotline
number

 
PURPOSE OR GENERAL IDEA OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to requiring all advertisements for gambling to include warn-
ings about potential harmful and addictive effect of gambling

 
SUMMARY OF PROVISIONS:

Amends the racing, pari-mutuel wagering and breeding law, to provide

affirmative statutory language that ensures that all advertisements for
gambling/gaming/sports wagering contain warnings abut the potential
harmful and addictive effects of gambling.

 
JUSTIFICATION:

New York State residents have access to wagering at multiple casinos,
racetracks, the lottery and other venues and means. Gambling will be
even more accessible. In New York State, gambling can be found every-
where from physical casinos to a multitude of online websites and apps.
The advent of the internet has made gambling more accessible through
online betting platform. As gambling becomes more easily accessed by
more people, the number of lives negatively affected by gambling has
also increased. This can lead to serious consequences for both the
gambler and their family.

The Wagering Industry has invested substantial amounts in advertising.
Yet, New York State invest merely 1 million dollars a year per public
service announcements regarding problem gambling. The National Council
on Problem Gambling defines problem gambling as, (G)ambling behavior
which causes disruptions in any mayor area of life:  psychological,
physical, social or vocational." This may include pathological and
compulsive gambling, which is a term of addiction that grows worse as
time progresses. Statistics reports. that "approximately 2.6 of the U.S.
population has some type of gambling issue. That adds up to nearly 10
million people in the United States who struggle with a gambling habit."
(National Council on Problem Gambling).

In the unprecedented growth of gambling, where it is easy to place bets
with PayPal, credit cards, bitcoin, or money-transfer apps; it is also
important as a state to be proactive identifying and preventing poten-
tial problems of gambling. If s'!gned,into law, this bill would require
industries to include warnings about potential harmful and addictive
effects of gambling.

 
PRIOR LEGISLATIVE HISTORY:

Not applicable.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not applicable.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S3739B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3739--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing  -- recommitted to the Committee on Racing, Gaming and Wagering in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
   relation to requiring  all  advertisements  for  gambling  and  sports
   betting  to  include  warnings  about  potential harmful and addictive
   effects of gambling and to requiring the state  gaming  commission  to
   cooperate  with the commissioner of addiction services and supports to
   ensure that all advertisements for gaming  activity  state  a  problem
   gambling hotline number
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  1  of  section  1363  of  the
 racing,  pari-mutuel  wagering and breeding law, as added by chapter 174
 of the laws of 2013, is amended to read as follows:
   (a) "advertisement" shall mean any  notice  or  communication  to  the
 public  or  any  information concerning the gaming-related business of a
 gaming facility licensee or applicant OR A MOBILE SPORTS WAGERING LICEN-
 SEE AS DEFINED IN SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE
 through  broadcasting,  publication or any other means of dissemination,
 including electronic dissemination.  Promotional activities are  consid-
 ered advertisements for purposes of this section.
   §  2. Subdivision 1 of section 111 of the racing, pari-mutuel wagering
 and breeding law, as amended by chapter 564 of  the  laws  of  2021,  is
 amended to read as follows:
   1.  (A)  The  commission  shall  cooperate  with  the  commissioner of
 addiction services and supports to ensure the posting of signs and list-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03193-05-2

 S. 3739--B                          2
 
 ing of  information  on  the  internet  designed  to  assist  compulsive
 gamblers  pursuant to the provisions of subdivision (h) of section 19.09
 of the mental hygiene  law.  Such  postings  shall  include  information
 explaining  how  an  individual  may  add his or her name to the list of
 self-excluded persons. Signs shall be posted at  a  reasonable  distance
 from each entrance, exit and automated teller machine in the facility.
   (B)  THE COMMISSION SHALL COOPERATE WITH THE COMMISSIONER OF ADDICTION
 SERVICES AND SUPPORTS TO  ENSURE  THAT  ALL  ADVERTISEMENTS  FOR  GAMING
 ACTIVITY  CLEARLY  AND  CONSPICUOUSLY  STATE  A PROBLEM GAMBLING HOTLINE
 NUMBER.
   (C) THE COMMISSION SHALL MAKE AVAILABLE ON ITS WEBSITE INFORMATION AND
 TECHNICAL SUPPORT WHICH INCLUDES, BUT IS NOT LIMITED TO, GUIDELINES  FOR
 ANY  ASSOCIATION, CORPORATIONS LICENSED OR ENFRANCHISED PURSUANT TO THIS
 CHAPTER ON ADVERTISING RESTRICTIONS.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

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Senate Bill S3739B

Sponsored By

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Actions

Bill Amendments

2021-S3739 - Details

2021-S3739 - Summary

2021-S3739 - Sponsor Memo

2021-S3739 - Bill Text download pdf

2021-S3739A - Details

2021-S3739A - Summary

2021-S3739A - Sponsor Memo

2021-S3739A - Bill Text download pdf

co-Sponsors

2021-S3739B (ACTIVE) - Details

2021-S3739B (ACTIVE) - Summary

2021-S3739B (ACTIVE) - Sponsor Memo

2021-S3739B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Actions

Bill Amendments

2021-S3739 - Details

2021-S3739 - Summary

2021-S3739 - Sponsor Memo

2021-S3739 - Bill Text download pdf

2021-S3739A - Details

2021-S3739A - Summary

2021-S3739A - Sponsor Memo

2021-S3739A - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2021-S3739B (ACTIVE) - Details

2021-S3739B (ACTIVE) - Summary

2021-S3739B (ACTIVE) - Sponsor Memo

2021-S3739B (ACTIVE) - Bill Text download pdf

Comments