Assembly Bill A6944

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6944
 
                        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 requiring warnings for mobile 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 section 1363-a to read as follows:
   § 1363-A. WARNINGS FOR MOBILE GAMING.  1. AN ENTITY LICENSED UNDER THE
 PROVISIONS  OF  THIS CHAPTER WHICH PROVIDES GAMING SERVICES ON A WEBSITE
 OR MOBILE APPLICATION SHALL PROVIDE  A  WARNING  THAT  CONFORMS  TO  THE
 CONTENTS OF SUBDIVISION TWO OF THIS SECTION AT THE FOLLOWING TIMES:
   (A) WHEN A USER SUCCESSFULLY CREATES THEIR ACCOUNT;
   (B)  EACH  TIME  THE  USER  LOGS IN TO THEIR ACCOUNT AFTER FORTY-EIGHT
 HOURS OF INACTIVITY; AND
   (C) EVERY TWO HOURS A USER HAS THE WEBSITE OR MOBILE APPLICATION OPEN,
 SUCH TIME SHALL BE THE SUM OF THE TIME SPENT USING THE WEBSITE OR MOBILE
 APPLICATION BETWEEN DIFFERENT SESSIONS.
   2. THE WARNING REQUIRED BY THIS SECTION SHALL COVER THE ENTIRE  SCREEN
 AND, IN A LEGIBLE FORMAT, STATE THE FOLLOWING: "WARNING: MOBILE WAGERING
 CAN BE HIGHLY ADDICTIVE.
   1. MOST PLAYERS DO NOT PROFIT IN THE LONG TERM.
   2.  PERSONS WITH A FAMILY HISTORY OF ADDICTION MAY BE MORE SUSCEPTIBLE
 TO GAMBLING ADDICTION.
   3. GAMBLING ADDICTION DESTROYS FAMILIES AND LIVELIHOODS.
   4. GAMBLING ADDICTS HAVE AN EXTREMELY HIGH RATE OF ATTEMPTED SUICIDE.
   5. IF YOU FEEL AN URGE TO CHASE YOUR LOSSES  OR  UNCONTROLLABLY  PLACE
 BETS THIS IS A SIGN OF GAMBLING ADDICTION.
   6.  YOU  CAN  VOLUNTARILY  EXCLUDE  YOURSELF FROM THIS SERVICE IN YOUR
 ACCOUNT SETTINGS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10830-02-5
 A. 6944                             2
              

 
   HELP IS AVAILABLE. IF YOU OR SOMEONE YOU KNOW NEEDS HELP, CALL  1-877-
 8-HOPENY."
   3.  NO  ENTITY  SHALL MODIFY THE CONTENT OF THE WARNING IN SUBDIVISION
 TWO OF THIS SECTION.
   4. AN ENTITY SHALL NOT PERMIT A PERSON TO USE THEIR WEBSITE OR  APPLI-
 CATION  UNTIL  SUCH PERSON INTERACTS WITH A BUTTON WHICH STATES THAT THE
 PERSON ACKNOWLEDGES THE WARNING. WHERE THE WARNING IS TOO LARGE  TO  FIT
 ON  THE  ENTIRE  SCREEN, SUCH USER SHALL NOT BE PERMITTED TO ACKNOWLEDGE
 THE WARNING UNTIL SUCH USER HAS VIEWED THE ENTIRE WARNING.
   5. ANY ENTITY WHICH FAILS  TO  DISPLAY  SUCH  WARNING  IN  THE  MANNER
 REQUIRED  BY  THIS  SECTION  SHALL  BE LIABLE FOR A CIVIL PENALTY OF TEN
 THOUSAND DOLLARS PER DAY SUCH WARNINGS ARE NOT IN COMPLIANCE  WITH  THIS
 SECTION.   WHERE THE COMMISSION DETERMINES THAT AN ENTITY HAS ENGAGED IN
 A PERSISTENT COURSE OF CONDUCT IN VIOLATION OF THIS SECTION, THE  LICEN-
 SEE  SHALL  INCUR  A  CIVIL  PENALTY  NOT TO EXCEED TWENTY-FIVE THOUSAND
 DOLLARS PER DAY SUCH WARNINGS ARE NOT IN COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.