Assembly Bill A6933

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6933
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation to knowingly encouraging a gambling addiction
 
   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 section 1363-a to read as follows:
   §  1363-A.  KNOWINGLY  ENCOURAGING  A GAMBLING ADDICTION. 1. AN ENTITY
 LICENSED UNDER THIS ARTICLE SHALL BE GUILTY OF KNOWINGLY  ENCOURAGING  A
 GAMBLING  ADDICTION  WHERE SUCH ENTITY, AN EMPLOYEE, AGENT OR ANOTHER AT
 THE ENTITY'S DIRECTION WILLFULLY ENGAGES HUMAN-TO-HUMAN CONTACT  WITH  A
 PERSON  AND  THROUGH  SUCH  CONTACT KNOWS OR SHOULD HAVE KNOWN THAT SUCH
 CONTACT IS INDUCING, EXACERBATING,  OR  SUSTAINING  COMPULSIVE  GAMBLING
 BEHAVIOR OR GAMBLING DISORDER IN ANOTHER BEYOND REASONABLE AND SUSTAINA-
 BLE  LEVELS  FOR THAT PERSON. IN DETERMINING WHETHER AN ENTITY HAS KNOW-
 INGLY ENCOURAGED A GAMBLING ADDICTION, A COURT SHALL CONSIDER:
   (A) THE INCOME REPORTED BY THE PERSON TO THE ENTITY;
   (B) THE TOTAL AMOUNT WAGERED;
   (C) THE LEVEL AND TYPE OF CONTACT BETWEEN THE ENTITY AND  THE  PERSON,
 COMPARED TO OTHER USERS OF THE ENTITY'S SERVICE;
   (D)  COMMUNICATIONS  BETWEEN  THE  PERSON  AND THE ENTITY, AND WHETHER
 THOSE COMMUNICATIONS INDICATE THE PERSON  EXPLICITLY  INDICATED  TO  THE
 ENTITY THAT THEY SUFFER OR MAY SUFFER FROM A GAMBLING ADDICTION;
   (E)  COMMUNICATIONS  BETWEEN  THE  PERSON  AND THE ENTITY, AND WHETHER
 THOSE COMMUNICATIONS INDICATE THE PERSON  IMPLICITLY  INDICATED  TO  THE
 ENTITY THAT THEY SUFFER OR MAY SUFFER FROM A GAMBLING ADDICTION;
   (F)  WHETHER  THE  PERSON HAS PREVIOUSLY SELF-EXCLUDED THEMSELVES FROM
 WAGERING;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10854-01-5
 A. 6933                             2
 
              

   (G) WHETHER THE PERSON INDICATED TO THE ENTITY THAT THE MONEY USED  TO
 GAMBLE  WAS  ACQUIRED  THROUGH  SOURCES  THAT  WOULD INDICATE A GAMBLING
 ADDICTION, SUCH AS SAVINGS ACCOUNTS, LOANS, AND OTHER SIMILAR SOURCES;
   (H) WHETHER THE ENTITY INTERNALLY FLAGGED THAT THE PERSON HAD A GAMBL-
 ING ADDICTION AND CONTINUED TO PROVIDE GAMBLING SERVICES TO THE PERSON;
   (I) WHETHER THE ENTITY FAILED TO CONSIDER OR INPUT THE RELEVANT INFOR-
 MATION THAT WOULD HAVE FLAGGED SUCH PERSON AS A GAMBLING ADDICT;
   (J)  WHETHER  THE ENTITY, AFTER MAKING A DETERMINATION THAT THE PERSON
 IS OR MAY SUFFER FROM A GAMBLING ADDICTION, FAILED TO  BAN  SUCH  PERSON
 FROM WAGERING ON SUCH ENTITY'S APPLICATION; AND
   (K)  THE  OVERALL NUMBER OF PERSONS WHO DEVELOPED A GAMBLING ADDICTION
 AFTER ENGAGING IN HUMAN-TO-HUMAN CONTACT WITH THE ENTITY, ITS EMPLOYEES,
 AGENTS OR OTHERS AT THE DIRECTION OF THE ENTITY.
   2. AN ENTITY SHALL NOT BE GUILTY OF KNOWINGLY ENCOURAGING  A  GAMBLING
 ADDICTION  MERELY  THROUGH  THE  LAWFUL  PASSIVE OR TARGETED OFFERING OR
 COMMUNICATION TO ANOTHER OF AN ENTITY'S SERVICES  THROUGH  NON-HUMAN-TO-
 HUMAN CONTACT.
   3.  WHERE THE COMMISSION DETERMINES THAT A VIOLATION OF THE PROVISIONS
 OF THIS SECTION HAS OCCURRED, THE COMMISSION SHALL IMPOSE A CIVIL PENAL-
 TY NOT EXCEEDING TWO TIMES SUCH AMOUNTS WAGERED BY THE PERSON WHO IS THE
 SUBJECT OF THE VIOLATION, PROVIDED HOWEVER  THAT  WHERE  THE  COMMISSION
 DETERMINES THAT THE ENTITY HAS ENGAGED IN A PERSISTENT COURSE OF CONDUCT
 IN  VIOLATION OF THIS SECTION, SUCH AMOUNT SHALL INCREASE TO THREE TIMES
 SUCH AMOUNTS WAGERED BY THE PERSON WHO IS THE SUBJECT OF THE VIOLATION.
   4. UPON A FINDING BY THE COMMISSION THAT AN ENTITY ENGAGED IN  CONDUCT
 VIOLATIVE  OF  THIS SECTION AGAINST A PERSON, SUCH PERSON AGGRIEVED BY A
 VIOLATION OF THIS SECTION SHALL BE ENTITLED TO MAINTAIN AN ACTION IN THE
 SUPREME COURT OF THE COUNTY IN WHICH THE PERSON RESIDES FOR THE ENFORCE-
 MENT OF THEIR RIGHTS UNDER THIS SECTION. SUCH PERSON SHALL  BE  ENTITLED
 TO  THE  FULL  AMOUNT WAGERED, DAMAGES RESULTING AS A CONSEQUENCE OF THE
 ADDICTION, AND COURT AND ATTORNEY'S FEES.
   5. ANY PROVISION IN A CONTRACT BETWEEN A PERSON AND  AN  ENTITY  WHICH
 ELIMINATES  OR AUGMENTS A PERSON'S RIGHTS WITH RESPECT TO THE PROVISIONS
 OF THIS SECTION SHALL BE VOID.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.