S T A T E O F N E W Y O R K
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8412
I N S E N A T E
February 24, 2022
___________
Introduced by Sen. ADDABBO -- 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 authorizing interactive gaming
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The racing, pari-mutuel wagering and breeding law is
amended by adding a new article 15 to read as follows:
ARTICLE 15
INTERACTIVE GAMING
SECTION 1500. LEGISLATIVE INTENT AND FINDINGS.
1501. DEFINITIONS.
1502. AUTHORIZATION.
1503. REQUIRED SAFEGUARDS.
1504. STATE TAXES.
§ 1500. LEGISLATIVE INTENT AND FINDINGS. SECTION NINE OF ARTICLE ONE
OF THE NEW YORK STATE CONSTITUTION WAS RECENTLY AMENDED AND PROVIDES
"CASINO GAMBLING AT NO MORE THAN SEVEN FACILITIES AS AUTHORIZED AND
PRESCRIBED BY THE LEGISLATURE SHALL HEREAFTER BE AUTHORIZED OR ALLOWED
WITHIN THIS STATE." IT HAS BEEN, AND CONTINUES TO BE, THE SENSE OF THE
LEGISLATURE THAT THIS PROVISION IS NOT CONTRAVENED BY A STATUTE THAT
AUTHORIZES THE ACCEPTANCE OF A WAGER BY AN INDIVIDUAL WHO IS BETTING BY
VIRTUAL OR ELECTRONIC MEANS AND THE WAGER IS ACCEPTED THROUGH EQUIPMENT
LOCATED WITHIN A LICENSED GAMING FACILITY; PROVIDED THAT ANY SUCH WAGER
MEETS OTHER SAFEGUARDS ENSURING THAT THE PLAIN TEXT OF THIS PROVISION IS
HONORED IN SUCH STRUCTURE. INTERACTIVE GAMING IS NOW LEGAL ONLINE IN
SEVEN STATES, INCLUDING THE BORDERING STATES OF NEW JERSEY, PENNSYLVANIA
AND CONNECTICUT, WHILE IT IS PERMITTED ONLY IN PERSON IN NEW YORK AT
FOUR UPSTATE COMMERCIAL GAMING FACILITIES AND NATIVE AMERICAN CLASS III
GAMING FACILITIES. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT AN
INTERACTIVE GAMING WAGER THAT IS MADE THROUGH VIRTUAL OR ELECTRONIC
MEANS FROM A LOCATION WITHIN NEW YORK STATE AND IS TRANSMITTED TO AND
ACCEPTED BY ELECTRONIC EQUIPMENT LOCATED AT A LICENSED GAMING FACILITY,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14834-01-2
S. 8412 2
INCLUDING WITHOUT LIMITATION, A COMPUTER SERVER LOCATED AT SUCH LICENSED
GAMING FACILITY, IS A WAGER MADE AT SUCH LICENSED GAMING FACILITY,
NOTWITHSTANDING ANY PROVISIONS OF THE PENAL LAW TO THE CONTRARY.
§ 1501. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZED GAME" MEANS ANY CASINO SLOT OR TABLE GAME DETERMINED BY
THE COMMISSION TO BE COMPATIBLE WITH THE PUBLIC INTEREST AND TO BE SUIT-
ABLE FOR ONLINE USE AFTER AN APPROPRIATE TEST OR EXPERIMENTAL PERIOD AS
THE COMMISSION MAY DEEM APPROPRIATE. AN AUTHORIZED GAME MAY INCLUDE
GAMING TOURNAMENTS IN WHICH PLAYERS COMPETE AGAINST ONE ANOTHER IN ONE
OR MORE OF THE GAMES AUTHORIZED HEREIN OR BY THE COMMISSION OR IN
APPROVED VARIATIONS OR COMPOSITES THEREOF IF SUCH TOURNAMENTS ARE
AUTHORIZED.
2. "AUTHORIZED PARTICIPANT" MEANS AN INDIVIDUAL WHO IS PHYSICALLY
PRESENT IN THE STATE OF NEW YORK WHEN PLACING AN INTERACTIVE GAMING
WAGER, WHO IS AUTHORIZED TO PARTICIPATE IN GAMING PURSUANT TO ARTICLE
THIRTEEN OF THIS CHAPTER, AND WHO PARTICIPATES IN INTERACTIVE GAMING
OFFERED BY A CASINO OR OPERATOR. ALL INTERACTIVE GAMING WAGERS PLACED IN
ACCORDANCE WITH THIS ARTICLE SHALL BE CONSIDERED PLACED OR OTHERWISE
MADE WHEN RECEIVED BY THE CASINO OR OPERATOR AT THE LICENSED GAMING
FACILITY, REGARDLESS OF THE AUTHORIZED PARTICIPANT'S PHYSICAL LOCATION
AT THE TIME SUCH WAGER IS INITIATED. THE INTERMEDIATE ROUTING OF ELEC-
TRONIC DATA IN CONNECTION WITH MOBILE WAGERING SHALL NOT DETERMINE THE
LOCATION OR LOCATIONS IN WHICH A WAGER IS INITIATED, RECEIVED OR OTHER-
WISE MADE.
3. "COMMISSION" MEANS THE NEW YORK STATE GAMING COMMISSION.
4. "INTERACTIVE GAMING WAGER" MEANS CASH OR CASH EQUIVALENT THAT IS
PAID BY AN AUTHORIZED SPORTS BETTOR TO A CASINO OR OPERATOR TO PARTIC-
IPATE IN INTERACTIVE GAMING OFFERED BY SUCH CASINO OR OPERATOR. ANY
WAGER THROUGH ELECTRONIC COMMUNICATION SHALL BE DEEMED TO TAKE PLACE AT
THE PHYSICAL LOCATION OF THE SERVER OR OTHER EQUIPMENT USED BY A CASINO
OR OPERATOR TO ACCEPT INTERACTIVE GAMING WAGERING, REGARDLESS OF THE
AUTHORIZED PARTICIPANT'S PHYSICAL LOCATION WITHIN THE STATE AT THE TIME
SUCH WAGER IS INITIATED.
5. "INTERACTIVE GAMING" MEANS WAGERING ON AUTHORIZED CASINO GAMES
ONLINE BY ANY SYSTEM OR METHOD OF WAGERING, INCLUDING, BUT NOT LIMITED
TO, IN-PERSON COMMUNICATION AND ELECTRONIC COMMUNICATION THROUGH INTER-
NET WEBSITES ACCESSED VIA A MOBILE DEVICE OR COMPUTER, AND MOBILE DEVICE
APPLICATIONS.
6. "INTERACTIVE GAMING GROSS REVENUE" MEANS THE AMOUNT EQUAL TO THE
TOTAL OF ALL INTERACTIVE GAMING WAGERS THAT A CASINO OR OPERATOR
COLLECTS FROM ALL AUTHORIZED PARTICIPANTS LESS THE TOTAL OF ALL SUMS
PAID OUT AS WINNINGS TO ALL PARTICIPANTS, PROVIDED HOWEVER, THAT THE
TOTAL OF ALL SUMS PAID OUT AS WINNINGS SHALL NOT INCLUDE THE CASH EQUIV-
ALENT VALUE OF ANY MERCHANDISE OR THING OF VALUE AWARDED AS A PRIZE. THE
ISSUANCE TO OR WAGERING BY AUTHORIZED PARTICIPANTS OF ANY PROMOTIONAL
GAMING CREDIT SHALL NOT BE TAXABLE FOR THE PURPOSES OF DETERMINING
INTERACTIVE GAMING GROSS REVENUE.
7. "INTERACTIVE GAMING WAGERING PLATFORM" MEANS THE COMBINATION OF
HARDWARE, SOFTWARE, AND DATA NETWORKS USED TO MANAGE, ADMINISTER, OR
CONTROL INTERACTIVE GAMING WAGERING AND ANY ASSOCIATED WAGERS ACCESSIBLE
BY ANY ELECTRONIC MEANS, INCLUDING MOBILE APPLICATIONS AND INTERNET
WEBSITES ACCESSED VIA A MOBILE DEVICE OR COMPUTER.
8. "OPERATOR" MEANS A CASINO OR AN INDIAN TRIBE THAT HAS ENTERED INTO
A TRIBAL-STATE GAMING COMPACT IN ACCORDANCE WITH THE INDIAN GAMING REGU-
LATORY ACT THAT IS IN EFFECT AND HAS BEEN RATIFIED BY THE STATE OF NEW
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YORK, AND HAS ENTERED INTO AN INTERACTIVE GAMING WAGERING AGREEMENT WITH
THE COMMISSION PURSUANT TO SECTION ONE THOUSAND FIVE HUNDRED TWO OF THIS
ARTICLE.
§ 1502. AUTHORIZATION. 1. (A) NO CASINO OR OPERATOR SHALL ADMINISTER,
MANAGE OR OTHERWISE MAKE AVAILABLE AN INTERACTIVE GAMING WAGERING PLAT-
FORM TO PERSONS LOCATED IN NEW YORK STATE UNLESS AUTHORIZED BY AND
REGISTERED WITH THE COMMISSION PURSUANT TO THIS SECTION. A CASINO OR
OPERATOR MAY USE UP TO TWO MOBILE INTERACTIVE GAMING WAGERING PLATFORMS
AND BRANDS FOR AUTHORIZED GAMES, PROVIDED THAT SUCH PLATFORM AND BRANDS
HAVE BEEN REVIEWED AND APPROVED BY THE COMMISSION. A CASINO OR OPERATOR
MAY CONTRACT WITH UP TO TWO INDEPENDENT CONTRACTORS TO PROVIDE ITS
MOBILE INTERACTIVE GAMING WAGERING PLATFORMS. AN INDEPENDENT CONTRACTOR
MAY DISPLAY ITS BRAND ON THE PLATFORM IN ADDITION TO THE CASINO OR OPER-
ATOR BRAND.
(B) AS A CONDITION OF REGISTRATION, THE COMMISSION SHALL REQUIRE THAT
EACH CASINO OR OPERATOR AUTHORIZED TO CONDUCT MOBILE INTERACTIVE GAMING
WAGERING PAY A ONE-TIME FEE OF TWO MILLION DOLLARS. AS A CONDITION OF
APPROVAL OF ANY INDEPENDENT CONTRACTOR TO PROVIDE AN OPERATOR'S MOBILE
INTERACTIVE GAMING WAGING PLATFORM AND DISPLAY ITS BRAND, THE COMMISSION
SHALL REQUIRE THAT SUCH INDEPENDENT CONTRACTOR PAY A ONE-TIME FEE OF TEN
MILLION DOLLARS.
(C) REGISTRATIONS ISSUED BY THE COMMISSION SHALL REMAIN IN EFFECT FOR
TEN YEARS. THE COMMISSION SHALL ESTABLISH AND IMPLEMENT A PROCESS FOR
RENEWAL.
(D) THE COMMISSION SHALL PUBLISH A LIST OF ALL CASINOS AND OPERATORS
REGISTERED TO OFFER MOBILE INTERACTIVE GAMING WAGERING IN NEW YORK STATE
PURSUANT TO THIS SECTION ON THE COMMISSION'S WEBSITE FOR PUBLIC USE.
(E) THE COMMISSION SHALL PRESCRIBE THE FORM AND MANNER OF THE APPLICA-
TION FOR REGISTRATION, WHICH SHALL CONTAIN ALL INFORMATION DEEMED NECES-
SARY AND RELEVANT BY THE COMMISSION TO DETERMINE WHETHER AN APPLICANT
SHOULD BE AUTHORIZED TO CONDUCT INTERACTIVE GAMING WAGERING.
2. (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 INTERACTIVE GAMING WAGERING WITH ANOTHER CASINO,
TO PROVIDE A SITE FOR A MOBILE INTERACTIVE GAMING WAGERING SERVER AND
RELATED EQUIPMENT FOR SUCH INDIAN TRIBE AS DIRECTED BY THE COMMISSION,
AT NO COST TO SUCH INDIAN TRIBE EXCEPT THE DIRECT AND ACTUAL COST OF
HOSTING THE SERVER OR OTHER EQUIPMENT USED BY SUCH 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 INTERACTIVE GAMING WAGERING:
(I) TO FOLLOW THE REQUIREMENTS IMPOSED ON CASINOS AND OPERATORS UNDER
THIS SECTION WITH RESPECT TO SUCH INDIAN TRIBE'S MOBILE INTERACTIVE
GAMING WAGERING, TO ADHERE TO THE REGULATIONS PROMULGATED BY THE COMMIS-
SION PURSUANT TO THIS SECTION WITH RESPECT TO MOBILE INTERACTIVE GAMING
WAGERING, AND TO SUBMIT TO THE COMMISSION'S ENFORCEMENT OF THIS SECTION
AND REGULATIONS PROMULGATED THEREUNDER, INCLUDING BY WAIVING TRIBAL
SOVEREIGN IMMUNITY FOR THE SOLE AND LIMITED PURPOSE OF SUCH ENFORCEMENT;
(II) TO WAIVER SUCH INDIAN TRIBE'S EXCLUSIVE GEOGRAPHIC RIGHT TO OFFER
AND CONDUCT MOBILE INTERACTIVE GAMING WAGERING, BUT NOT OTHERWISE;
(III) TO REMIT PAYMENT TO THE STATE EQUAL TO TAX ON INTERACTIVE GAMING
WAGERING REVENUE IMPOSED PURSUANT TO SECTION ONE THOUSAND FIVE HUNDRED
FOUR OF THIS ARTICLE;
(IV) NOT TO OFFER OR TO CONDUCT ANY OTHER MOBILE GAMING UNLESS SUCH
MOBILE GAMING IS OTHERWISE AUTHORIZED BY STATE OR FEDERAL LAW; AND
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(V) TO LOCATE THE SERVER OR OTHER EQUIPMENT USED BY SUCH INDIAN TRIBE
TO ACCEPT MOBILE INTERACTIVE GAMING WAGERING AT A CASINO THAT HAS
APPLIED FOR AND IS ELIGIBLE TO REGISTER AS AN OPERATOR OF INTERACTIVE
GAMING 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 BY CASINOS AND INDIAN TRIBES WITH
RESPECT TO HOSTING MOBILE INTERACTIVE GAMING WAGERING PLATFORMS FOR AN
INDIAN TRIBE:
(I) SHALL BE APPROVED BY THE COMMISSION PRIOR TO TAKING EFFECT AND
BEFORE REGISTRATION OF SUCH CASINO OR INDIAN TRIBE AS AN OPERATOR PURSU-
ANT TO THIS SECTION;
(II) SHALL PROVIDE THAT THE INDIAN TRIBE MAY, AT ITS SOLE DISCRETION,
TERMINATE SUCH AGREEMENT WITH SIX MONTHS' NOTICE, UNLESS OTHERWISE
AGREED TO IN WRITING WITH SUCH CASINO, AND ALL COMMITMENTS, UNDERTAKINGS
AND WAIVERS MADE BY SUCH INDIAN TRIBE THEREUNDER, EXCEPT THAT SUCH INDI-
AN TRIBE'S WAIVER OF ITS EXCLUSIVE GEOGRAPHIC RIGHT TO OFFER AND CONDUCT
MOBILE INTERACTIVE GAMING WAGERING SHALL SURVIVE THE TERMINATION OF SUCH
AGREEMENT;
(III) SHALL BE LIMITED IN APPLICABILITY SOLELY TO SUCH INDIAN TRIBE'S
OPERATION OF MOBILE INTERACTIVE GAMING WAGERING AND SHALL NOT EXTEND TO
ANY OTHER OPERATION OR ACTIVITY OF SUCH INDIAN TRIBE; AND
(IV) SHALL NOT CREATE ANY RIGHTS OR PRIVILEGES TO ANY THIRD PARTY WHO
IS NOT A PARTY TO SUCH AGREEMENT, EXCEPT THAT THE COMMISSION SHALL HAVE
THE POWER TO ENFORCE SUCH AGREEMENT, INCLUDING BY REVOKING OR SUSPENDING
THE REGISTRATION OF A PARTY THAT FAILS TO COMPLY WITH ITS OBLIGATIONS
UNDER SUCH AGREEMENT.
(D) NO MOBILE INTERACTIVE GAMING WAGERING MAY BE CONDUCTED WITHIN AN
INDIAN TRIBE'S EXCLUSIVE GEOGRAPHIC AREA UNLESS SUCH INDIAN TRIBE WITH
EXCLUSIVE GEOGRAPHIC RIGHT TO SUCH AREA IS REGISTERED AS AN OPERATOR
PURSUANT TO THIS SECTION. OPERATORS SHALL USE GEO-LOCATION AND GEO-FENC-
ING TECHNOLOGY TO ENSURE THAT MOBILE INTERACTIVE GAMING WAGERING IS NOT
AVAILABLE TO PERSONS WHO ARE PHYSICALLY LOCATED IN AN INDIAN TRIBE'S
EXCLUSIVE GEOGRAPHIC AREA, UNLESS SUCH INDIAN TRIBE WITH EXCLUSIVE
GEOGRAPHIC RIGHT TO THAT AREA IS REGISTERED AS AN OPERATOR PURSUANT TO
THIS SECTION.
§ 1503. REQUIRED SAFEGUARDS. 1. AS A CONDITION OF REGISTRATION, EACH
OPERATOR SHALL IMPLEMENT THE FOLLOWING MEASURES:
(A) LIMIT EACH AUTHORIZED PARTICIPANT TO ONE ACTIVE AND CONTINUOUSLY
USED ACCOUNT ON THEIR PLATFORM, AND PREVENT ANYONE THEY KNOW, OR SHOULD
HAVE KNOWN TO BE A PROHIBITED BETTOR FROM MAINTAINING ACCOUNTS OR
PARTICIPATING IN ANY INTERACTIVE GAMING WAGERING OFFERED BY SUCH OPERA-
TOR;
(B) ADOPT APPROPRIATE SAFEGUARDS TO ENSURE, TO A REASONABLE DEGREE OF
CERTAINTY, THAT AUTHORIZED PARTICIPANTS ARE PHYSICALLY LOCATED WITHIN
THE STATE WHEN ENGAGING IN MOBILE INTERACTIVE GAMING WAGERING;
(C) PROHIBIT MINORS FROM PARTICIPATING IN ANY MOBILE INTERACTIVE
GAMING WAGERING, WHICH INCLUDES:
(I) 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 INTERACTIVE GAMING WAGERING, PROVIDED HOWEVER,
THAT ANY REFUND MAY BE OFFSET BY ANY PRIZES ALREADY AWARDED;
(II) EACH OPERATOR SHALL PROVIDE PARENTAL CONTROL PROCEDURES TO ALLOW
PARENTS OR GUARDIANS TO EXCLUDE MINORS FROM ACCESS TO ANY INTERACTIVE
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GAMING WAGERING OR PLATFORM. SUCH PROCEDURES SHALL INCLUDE A TOLL-FREE
NUMBER TO CALL FOR HELP IN ESTABLISHING SUCH PARENTAL CONTROLS; AND
(III) EACH OPERATOR SHALL TAKE APPROPRIATE STEPS TO CONFIRM THAT AN
INDIVIDUAL OPENING AN ACCOUNT IS NOT A MINOR;
(D) WHEN REFERENCING THE CHANCES OR LIKELIHOOD OF WINNING IN ADVER-
TISEMENTS OR UPON PLACEMENT OF AN INTERACTIVE GAMING WAGER, MAKE CLEAR
AND CONSPICUOUS STATEMENTS THAT ARE NOT INACCURATE OR MISLEADING
CONCERNING THE CHANCES OF WINNING AND THE NUMBER OF WINNERS;
(E) ENABLE AUTHORIZED PARTICIPANTS TO EXCLUDE THEMSELVES FROM INTERAC-
TIVE GAMING WAGERING AND TAKE REASONABLE STEPS TO PREVENT SUCH BETTORS
FROM ENGAGING IN WAGERING FROM WHICH THEY HAVE EXCLUDED THEMSELVES;
(F) PERMIT ANY AUTHORIZED PARTICIPANT 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;
(G) OFFER INTRODUCTORY PROCEDURES FOR AUTHORIZED PARTICIPANTS THAT
EXPLAIN INTERACTIVE GAMING WAGERING, WHICH SHALL BE PROMINENTLY
DISPLAYED ON THE MAIN PAGE OF SUCH OPERATOR PLATFORM;
(H) IMPLEMENT MEASURES TO PROTECT THE PRIVACY AND ONLINE SECURITY OF
AUTHORIZED PARTICIPANTS AND THEIR ACCOUNTS;
(I) OFFER ALL AUTHORIZED PARTICIPANTS ACCESS TO HIS OR HER ACCOUNT
HISTORY AND ACCOUNT DETAILS;
(J) ENSURE AUTHORIZED PARTICIPANTS' 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;
(K) LIST ON EACH WEBSITE, IN A PROMINENT PLACE, INFORMATION CONCERNING
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;
(L) 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;
(M) WHEN AN ACCOUNT HOLDER'S LIFETIME DEPOSITS EXCEED TWO THOUSAND
FIVE HUNDRED DOLLARS, THE OPERATOR SHALL PREVENT ANY WAGERING UNTIL SUCH
ACCOUNT HOLDER IMMEDIATELY ACKNOWLEDGES, AND ACKNOWLEDGES EACH YEAR
THEREAFTER, THAT HE OR SHE HAS MET THE DEPOSIT THRESHOLD AND MAY ELECT
TO ESTABLISH RESPONSIBLE GAMING LIMITS OR CLOSE THE ACCOUNT, AND SUCH
ACCOUNT HOLDER HAS RECEIVED DISCLOSURES FROM THE OPERATOR CONCERNING
PROBLEM GAMBLING RESOURCES;
(N) MAINTAIN A PUBLICLY ACCESSIBLE INTERNET PAGE DEDICATED TO RESPON-
SIBLE PLAY, A LINK TO WHICH SHALL 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 (I) A STATEMENT OF
THE OPERATOR'S POLICY AND COMMITMENT TO RESPONSIBLE GAMING; (II) INFOR-
MATION REGARDING, OR LINKS TO INFORMATION REGARDING, THE RISKS ASSOCI-
ATED WITH GAMBLING AND THE POTENTIAL SIGNS OF PROBLEM GAMING; (III) THE
AVAILABILITY OF SELF-IMPOSED GAMING LIMITS; (IV) A LINK TO A PROBLEM
GAMING WEBPAGE MAINTAINED BY THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS; AND (V) SUCH OTHER INFORMATION OR STATEMENTS AS THE COMMISSION
MAY REQUIRE BY RULE; AND
(O) SUBMIT ANNUALLY A PROBLEM GAMING PLAN TO THE COMMISSION THAT
INCLUDES: (I) THE OBJECTIVES OF AND TIMETABLES FOR IMPLEMENTING SUCH
PLAN; (II) IDENTIFICATION OF THE PERSONS RESPONSIBLE FOR IMPLEMENTING
AND MAINTAINING SUCH PLAN; (III) PROCEDURES FOR IDENTIFYING USERS WITH
SUSPECTED OR KNOWN PROBLEM GAMING BEHAVIOR; (IV) PROCEDURES FOR PROVID-
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ING INFORMATION TO USERS CONCERNING PROBLEM GAMING IDENTIFICATION AND
RESOURCES; (V) PROCEDURES TO PREVENT GAMING BY MINORS AND SELF-EXCLUDED
PERSONS; AND (VI) SUCH OTHER PROBLEM GAMING INFORMATION AS THE COMMIS-
SION MAY REQUIRE BY RULE.
2. THE COMMISSION SHALL ANNUALLY REQUIRE A REPORT TO BE PREPARED AND
DISTRIBUTED TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPACT OF MOBILE
INTERACTIVE GAMING WAGERING ON PROBLEM GAMBLERS IN NEW YORK STATE. SUCH
REPORT SHALL INCLUDE AN ASSESSMENT OF PROBLEM GAMING AMONG PERSONS UNDER
THE AGE OF THIRTY. SUCH REPORT SHALL BE PREPARED BY A NON-GOVERNMENTAL
ORGANIZATION OR ENTITY WITH EXPERTISE IN SERVING THE NEEDS OF PERSONS
WITH GAMBLING ADDICTIONS. SUCH REPORT SHALL BE PREPARED AND DISTRIBUTED
UNDER THE SUPERVISION OF AND IN COORDINATION WITH THE COMMISSION. THE
COSTS ASSOCIATED WITH THE PREPARATION AND DISTRIBUTION OF SUCH REPORT
SHALL BE BORNE BY OPERATORS AND THE COMMISSION SHALL BE AUTHORIZED TO
ASSESS A FEE AGAINST OPERATORS FOR SUCH PURPOSES. THE COMMISSION SHALL
ALSO REPORT PERIODICALLY TO THE GOVERNOR AND LEGISLATURE ON THE EFFEC-
TIVENESS OF THE STATUTORY AND REGULATORY CONTROLS IN PLACE TO ENSURE THE
INTEGRITY OF MOBILE INTERACTIVE GAMING OPERATIONS.
§ 1504. STATE TAXES. 1. FOR THE PRIVILEGE OF CONDUCTING MOBILE INTER-
ACTIVE GAMING WAGERING IN THE STATE, CASINOS AND OPERATORS SHALL PAY A
TAX EQUIVALENT TO TWENTY-FIVE PERCENT OF INTERACTIVE GAMING GROSS REVEN-
UE ATTRIBUTED TO INTERACTIVE GAMING WAGERING PURSUANT TO SECTION ONE
THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE. MOBILE INTERACTIVE GAMING TAX
REVENUE SHALL BE SEPARATELY MAINTAINED AND RETURNED TO THE STATE FOR
DEPOSIT INTO THE STATE LOTTERY FUND FOR EDUCATION AID, EXCEPT AS
PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION. ANY INTEREST AND PENAL-
TIES IMPOSED BY THE COMMISSION RELATING TO SUCH TAXES, ALL PENALTIES
LEVIED AND COLLECTED BY THE COMMISSION, AND THE APPROPRIATE FUNDS, CASH
OR PRIZES FORFEITED FROM INTERACTIVE GAMING WAGERING SHALL BE DEPOSITED
INTO THE STATE LOTTERY FUND FOR EDUCATION.
2. FROM THE STATE TAX COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE COMMISSION SHALL DISTRIBUTE, IN CONJUNCTION WITH THE OFFICE
OF ADDICTION SERVICES AND SUPPORTS, ELEVEN MILLION DOLLARS ANNUALLY FOR
PROBLEM GAMBLING EDUCATION AND TREATMENT PURPOSES.
§ 2. This act shall take effect immediately.
