S T A T E O F N E W Y O R K
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10440--B
I N A S S E M B L Y
March 6, 2026
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Introduced by M. of A. STECK, K. BROWN, LUNSFORD, SIMON, HYNDMAN,
BURROUGHS, TAPIA, GRAY, McDONALD -- read once and referred to the
Committee on Racing and Wagering -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to preventing minors from participating in sports wagering
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (bb) and (cc) of subdivision 1 of section 1367
of the racing, pari-mutuel wagering and breeding law, as amended by
section 3 of part Y of chapter 59 of the laws of 2021, are amended and
two new paragraphs (dd) and (ee) are added to read as follows:
(bb) "Suspicious wagering activity" means unusual wagering activity
that cannot be explained and is indicative of match fixing, the manipu-
lation of an event, misuse of inside information, or other prohibited
activity; [and]
(cc) "Independent integrity monitor" means an independent individual
or entity approved by the commission to receive reports of unusual
wagering activity from a casino, mobile sports wagering licensee, or
commission for the purpose of assisting in identifying suspicious wager-
ing activity[.];
(DD) "IDENTIFYING INFORMATION" MEANS ANY DATA THAT IDENTIFIES OR COULD
REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
PERSON OR DEVICE. IDENTIFYING INFORMATION AS USED IN THIS SECTION AND IN
SECTION THIRTEEN HUNDRED SIXTY-SEVEN-A OF THIS ARTICLE MAY INCLUDE AN
INTERNET PROTOCOL ADDRESS; AND
(EE) "INTERNET PROTOCOL ADDRESS" MEANS A UNIQUE NUMERICAL IDENTIFIER
ASSIGNED TO A DEVICE THAT CAN BE USED TO DIRECT INTERNET TRAFFIC TO SUCH
DEVICE.
§ 2. Paragraph (i) of subdivision 12 of section 1367 of the racing,
pari-mutuel wagering and breeding law, as added by section 3 of part Y
of chapter 59 of the laws of 2021, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11781-10-6
A. 10440--B 2
(i) Casinos and mobile sports wagering licensees shall adopt proce-
dures to prevent persons from wagering on sports events who are prohib-
ited from placing sports wagers. A casino or mobile sports wagering
licensee shall not accept wagers from any person:
(i) whose name appears on the exclusion list maintained by the commis-
sion and provided to the casino or mobile sports wagering licensee;
(ii) whose name appears on any self-exclusion list maintained by the
commission and provided to the casino or mobile sports wagering licen-
see;
(iii) WHO IS ATTEMPTING TO CREATE AN ACCOUNT USING EXCLUDED IDENTIFY-
ING INFORMATION AS DESCRIBED IN PARAGRAPH (K) OF THIS SUBDIVISION, OR TO
PLACE A WAGER THROUGH AN ACCOUNT THAT WAS CREATED, REGISTERED, OPENED OR
MAINTAINED USING SUCH EXCLUDED IDENTIFYING INFORMATION, PROVIDED THAT
SUCH IDENTIFYING INFORMATION HAS NOT BEEN REMOVED FROM THE EXCLUSION
LIST PURSUANT TO PARAGRAPH (K) OF THIS SUBDIVISION;
(IV) who is the operator, director, officer, owner, or employee of the
casino or mobile sports wagering licensee or any spouse, child, sibling
or parent living in the same principal place of abode as such individ-
ual;
[(iv)] (V) who has been identified as a prohibited sports bettor in a
list provided by the sports governing body to the commission and casino
or mobile sports wagering operator, that identifies the individual by
such personally identifiable information as specified by rules and regu-
lations promulgated by the commission; or
[(v)] (VI) who is an agent or proxy for a prohibited sports bettor.
§ 3. Subdivision 12 of section 1367 of the racing, pari-mutuel wager-
ing and breeding law is amended by adding a new paragraph (k) to read as
follows:
(K) (I) THE COMMISSION SHALL, BY REGULATION, ESTABLISH AND MAINTAIN AN
EXCLUSION LIST FOR IDENTIFYING INFORMATION ON MOBILE SPORTS WAGERING
PLATFORMS THAT SHALL BE SEPARATE AND DISTINCT FROM THE LIST OF SELF-EX-
CLUDED PERSONS ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-
FOUR OF THIS ARTICLE, AND A MEANS BY WHICH PERSONS MAY ELECTRONICALLY
REGISTER ANY OF THEIR IDENTIFYING INFORMATION, OR, IF SUCH PERSON IS THE
PARENT OR LEGAL GUARDIAN OF A MINOR, IDENTIFYING INFORMATION OF OR ASSO-
CIATED WITH SUCH MINOR, ON SUCH LIST FOR THE PURPOSES OF PREVENTING
THEMSELVES AND ANY OTHER PERSON, INCLUDING A MINOR, FROM USING SUCH
INFORMATION TO CREATE AN ACCOUNT ON A MOBILE SPORTS WAGERING PLATFORM.
(II) MOBILE SPORTS WAGERING OPERATORS SHALL BE PROHIBITED FROM PERMIT-
TING THE REGISTRATION OF ANY ACCOUNT WITH SUCH IDENTIFYING INFORMATION,
PROVIDED THAT THE COMMISSION HAS PROVIDED MOBILE SPORTS WAGERING OPERA-
TORS ACCESS TO SUCH EXCLUDED IDENTIFYING INFORMATION, AND PROVIDED
FURTHER THAT SUCH PROHIBITION SHALL NOT APPLY TO IDENTIFYING INFORMATION
REMOVED FROM SUCH EXCLUSION LIST PURSUANT TO THIS PARAGRAPH.
(III) FOR PURPOSES OF SUBPARAGRAPH (III) OF PARAGRAPH (I) OF THIS
SUBDIVISION AND THIS PARAGRAPH, THE USE OF EXCLUDED IDENTIFYING INFORMA-
TION SHALL MEAN THE USE OF SUCH INFORMATION TO CREATE, REGISTER, OPEN OR
MAINTAIN A MOBILE SPORTS WAGERING ACCOUNT, AND NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO REQUIRE A CASINO, MOBILE SPORTS WAGERING LICENSEE
OR MOBILE SPORTS WAGERING OPERATOR TO CONDUCT AGE ASSURANCE, IDENTITY
VERIFICATION OR SCREENING AGAINST EXCLUDED IDENTIFYING INFORMATION UPON
EACH LOGIN OR PLACEMENT OF A WAGER.
(IV) THE COMMISSION SHALL PROMULGATE REGULATIONS UNDER THIS PARAGRAPH
TO ENSURE: THE SECURE COLLECTION AND TRANSMITTAL OF SUCH IDENTIFYING
INFORMATION TO MOBILE SPORTS WAGERING OPERATORS, AND THE REMOVAL AND
DELETION OF SUCH IDENTIFYING INFORMATION, AS PROVIDED IN SUBPARAGRAPHS
A. 10440--B 3
(II), (V) AND (VI) OF THIS PARAGRAPH; THE UNIQUENESS AND RELIABILITY OF
THE IDENTIFYING INFORMATION BEING COLLECTED; AND THAT THE IDENTIFYING
INFORMATION IS STRICTLY PROTECTED BY DATA SECURITY MEASURES, INCLUDING
BUT NOT LIMITED TO ENCRYPTION, FIREWALLS, AND PASSWORD PROTECTION, DATA
SYSTEM MONITORING, LIMITATIONS ON ACCESS TO AUTHORIZED PERSONS WITHIN
THE COMMISSION, AND OTHER REASONABLE ADMINISTRATIVE, TECHNICAL, AND
PHYSICAL SAFEGUARDS TO PROTECT THE SECURITY, CONFIDENTIALITY, AND INTEG-
RITY OF IDENTIFYING INFORMATION PROVIDED BY PERSONS UNDER THIS PARA-
GRAPH.
(V) PERSONS SUBMITTING IDENTIFYING INFORMATION FOR EXCLUSION FROM
MOBILE SPORTS WAGERING UNDER THIS PARAGRAPH SHALL RETAIN THE RIGHT TO
VOLUNTARILY RESCIND SUCH EXCLUSION AT ANY TIME, AT WHICH POINT SUCH
IDENTIFYING INFORMATION SHALL BE DELETED FROM THE COMMISSION'S DATABASE
AND THE COMMISSION SHALL TRANSMIT NOTICE OF SUCH REMOVAL TO MOBILE
SPORTS WAGERING OPERATORS.
(VI) WHERE IDENTIFYING INFORMATION IS SUBMITTED BY A PARENT OR LEGAL
GUARDIAN OF A MINOR PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE
COMMISSION SHALL REQUIRE, AT THE TIME OF SUBMISSION, THE DATE ON WHICH
SUCH MINOR WILL ATTAIN TWENTY-ONE YEARS OF AGE. SUCH IDENTIFYING INFOR-
MATION SHALL BE DEEMED REMOVED FROM THE EXCLUSION LIST UPON SUCH DATE,
AND THE COMMISSION SHALL IMMEDIATELY DELETE SUCH IDENTIFYING INFORMATION
FROM THE COMMISSION'S DATABASE AND TRANSMIT NOTICE OF SUCH REMOVAL TO
MOBILE SPORTS WAGERING OPERATORS.
§ 4. Subparagraph (iii) of paragraph (a) of subdivision 4 of section
1367-a of the racing, pari-mutuel wagering and breeding law, as added by
section 4 of part Y of chapter 59 of the laws of 2021, is amended to
read as follows:
(iii) (A) prohibit minors from participating in any sports wagering
pursuant to rules and regulations promulgated by the commission. SUCH
RULES AND REGULATIONS SHALL REQUIRE THE OPERATOR TO CONDUCT AGE ASSUR-
ANCE TO DETERMINE, ONLY AT THE POINT OF ACCOUNT REGISTRATION, THAT THE
PERSON CREATING AN ACCOUNT IS NOT A MINOR. THE COMMISSION SHALL PROMUL-
GATE REGULATIONS IDENTIFYING COMMERCIALLY REASONABLE AND TECHNICALLY
FEASIBLE METHODS FOR MOBILE SPORTS WAGERING OPERATORS TO DETERMINE IF A
PERSON IS A MINOR, CONSIDERING THE SIZE, FINANCIAL RESOURCES, AND TECH-
NICAL CAPABILITIES OF THE MOBILE SPORTS WAGERING PLATFORM OPERATED BY
SUCH OPERATOR, THE COSTS AND EFFECTIVENESS OF AVAILABLE AGE DETERMI-
NATION TECHNIQUES, THE AUDIENCE OF THE MOBILE SPORTS WAGERING PLATFORM,
AND PREVALENT PRACTICES OF THE INDUSTRY OF THE MOBILE SPORTS WAGERING
OPERATOR AND OTHER SIMILAR DIGITAL INDUSTRIES. SUCH REGULATIONS SHALL
ALSO IDENTIFY THE APPROPRIATE LEVELS OF ACCURACY THAT WOULD BE COMMER-
CIALLY REASONABLE AND TECHNICALLY FEASIBLE FOR MOBILE SPORTS WAGERING
OPERATORS TO ACHIEVE IN DETERMINING WHETHER A PERSON IS A MINOR,
PROVIDED, HOWEVER, THAT A PERSON SELF-REPORTING THEIR AGE WITH NO OTHER
SUPPORTING EVIDENCE SHALL NOT BE DEEMED AN ACCEPTABLE METHOD UNDER THIS
SUBPARAGRAPH. ANY INFORMATION COLLECTED FOR THE PURPOSE OF THE AGE
ASSURANCE REQUIREMENT UNDER THIS SUBPARAGRAPH SHALL BE DELETED IMME-
DIATELY AFTER AN ATTEMPT TO DETERMINE A PERSON'S AGE, EXCEPT WHERE
NECESSARY FOR APPLICABLE PROVISIONS OF STATE OR FEDERAL LAW OR REGU-
LATION. NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED TO REQUIRE A
MOBILE SPORTS WAGERING OPERATOR TO CONDUCT AGE ASSURANCE UPON EACH LOGIN
OR PLACEMENT OF A WAGER.
(B) FOR THE PURPOSES OF THIS SUBPARAGRAPH, A MOBILE SPORTS WAGERING
OPERATOR SHALL TREAT A PERSON AS A MINOR IF, AT THE POINT OF ACCOUNT
REGISTRATION, THE PERSON'S DEVICE COMMUNICATES OR SIGNALS THAT THE
A. 10440--B 4
PERSON IS OR SHALL BE TREATED AS A MINOR, INCLUDING THROUGH A PRIVACY
SETTING, DEVICE SETTING, OR OTHER MECHANISM;
§ 5. Severability. If any provision of this act or application there-
of 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.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.