S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8361--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Racing and Wagering -- 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 video lottery gaming facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1367 of the racing, pari-mutuel wagering and breed-
 ing  law, as amended by section 3 of part Y of chapter 59 of the laws of
 2021, subdivision 8 as amended by section 1 of part OO of chapter 59  of
 the laws of 2025, is amended to read as follows:
   §  1367.  Sports  wagering.  1. As used in this section and in section
 thirteen hundred sixty-seven-a of this title:
   (a) "Platform provider" means an entity selected by the commission  to
 conduct  mobile  sports wagering pursuant to a competitive bidding proc-
 ess;
   (b) "Authorized sports bettor" means an individual who  is  physically
 present  in this state when placing a sports wager, who is not a prohib-
 ited sports bettor, and who participates in sports wagering offered by a
 casino, A VIDEO LOTTERY GAMING FACILITY, or  a  mobile  sports  wagering
 licensee;
   (c)  "Casino"  means  a  licensed gaming facility at which gambling is
 conducted pursuant to the provisions of this article;
   (d) "Commission" means the New York  state  gaming  commission  estab-
 lished pursuant to section one hundred two of this chapter;
   (e)  "Collegiate  sport  or  athletic event" means a sport or athletic
 event offered or sponsored by, or played in connection with a public  or
 private  institution that offers educational services beyond the second-
 ary level;
   (f) "Covered persons" includes: athletes; players; umpires;  referees;
 officials; personnel associated with players, clubs, teams, leagues, and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11057-03-5
              

 A. 8361--A                          2
 
 athletic  associations; medical professionals, including athletic train-
 ers, who provide services  to  athletes  and  players;  and  the  family
 members of these persons;
   (g)  "High  school  sport or athletic event" means a sport or athletic
 event offered or sponsored by or played in connection with a  public  or
 private  institution  that  offers  education  services at the secondary
 level;
   (h) "In-play sports wager" means a sports wager  placed  on  a  sports
 event after the sports event has begun and before it ends;
   (i)  "Layoff  bet"  means a sports wager placed by a casino OR A VIDEO
 LOTTERY GAMING FACILITY sports pool with another casino OR VIDEO LOTTERY
 GAMING FACILITY sports pool;
   (j) "Minor" means any person under the age of twenty-one years;
   (k) "Mobile sports wagering platform" or "platform" means the combina-
 tion of hardware, software, and data networks used to  manage,  adminis-
 ter,  or control sports wagering and any associated wagers accessible by
 any electronic means including mobile applications and internet websites
 accessed via a mobile device or computer;
   (l) "Mobile sports wagering operator" means a mobile  sports  wagering
 skin  which has been licensed by the commission to operate a sports pool
 through a mobile sports wagering platform;
   (m) "Mobile sports wagering licensee" means a platform provider and  a
 mobile sports wagering operator licensed by the commission;
   (n)  "Operator"  means  a casino which has elected to operate a sports
 pool;
   (o) "Professional sport or athletic event" means an event at which two
 or more persons participate in sports or  athletic  events  and  receive
 compensation  in  excess  of  actual expenses for their participation in
 such event;
   (p) "Conduct potentially warranting further investigation"  means  any
 statement,  action, or other communication intended to unlawfully influ-
 ence, manipulate, or control a wagering outcome of a sporting contest or
 performance in a sporting contest in exchange for a benefit or to  avoid
 financial  or  physical  harm.  "Conduct  potentially warranting further
 investigation" may include, but not be limited to, statements,  actions,
 and communications made to a covered person;
   (q)  "Professional sports stadium or arena" means a stadium, ballpark,
 or arena in which a professional sport or athletic event occurs;
   (r) "Prohibited sports bettor" means:
   (i) any officer or employee of the commission;
   (ii) any principal or key employee of a casino, VIDEO  LOTTERY  GAMING
 FACILITY, mobile sports wagering licensee, and its affiliates, except as
 may be permitted by the commission;
   (iii)  any casino gaming or non-gaming employee at the casino OR VIDEO
 LOTTERY GAMING FACILITY that employs such person and any gaming or  non-
 gaming employee at the mobile sports wagering licensee that employs such
 person;
   (iv)  any  contractor,  subcontractor,  or  consultant,  or officer or
 employee of a contractor, subcontractor, or consultant, of a  casino,  A
 VIDEO  LOTTERY  GAMING FACILITY, or a mobile sports wagering licensee if
 such person is directly involved in  the  operation  or  observation  of
 sports  wagering,  or  the  processing  of  sports  wagering  claims  or
 payments;
   (v) any person subject to a  contract  with  the  commission  if  such
 contract contains a provision prohibiting such person from participating
 in sports wagering;
 A. 8361--A                          3
 
   (vi)  any  spouse,  child, sibling or parent residing in the principal
 place of abode of any of the foregoing persons at the same casino, VIDEO
 LOTTERY GAMING FACILITY, or mobile sports wagering  licensee  where  the
 foregoing person is prohibited from participating in sports wagering;
   (vii) any amateur or professional athlete if the sports wager is based
 on  any sport or athletic event that the athlete participates in at such
 amateur or professional level;
   (viii) any sports agent, owner or employee or  independent  contractor
 of  a  team,  player  and  umpire union personnel, and employee referee,
 coach or official of a sports governing body, if  the  sports  wager  is
 based on any sport or athletic event overseen by the individual's sports
 governing body;
   (ix)  any  individual placing a wager as an agent or proxy for another
 person known to be a prohibited sports bettor; or
   (x) any minor.
   (s) "Prohibited sports event" means a sport or athletic event in which
 any New York college team participates regardless  of  where  the  event
 takes place, or high school sport or athletic event. The following shall
 not be considered prohibited sports events: (i) a collegiate tournament,
 and  (ii)  a  sports event within such tournament so long as no New York
 college team is participating in that particular sports event;
   (t) "Sports event" means any professional sport or athletic event  and
 any  collegiate  sport  or  athletic  event,  except a prohibited sports
 event;
   (u) "Sports governing body" means  the  organization  that  prescribes
 final  rules  and  enforces  codes of conduct with respect to a sporting
 event and participants therein;
   (v) "Sports pool" means the business of accepting wagers on any sports
 event by any system or method of wagering;
   (w) "Sports wager" means cash or cash equivalent that is  paid  by  an
 authorized  sports  bettor to a casino, A VIDEO LOTTERY GAMING FACILITY,
 or a mobile sports wagering licensee to participate in  sports  wagering
 offered  by such casino, VIDEO LOTTERY GAMING FACILITY, or mobile sports
 wagering licensee;
   (x) "Sports wagering" means wagering on sporting events or any portion
 thereof, or on the individual performance statistics of athletes partic-
 ipating in a sporting event, or combination of sporting events,  by  any
 system  or  method of wagering, including, but not limited to, in-person
 communication and electronic  communication  through  internet  websites
 accessed  via  a  mobile  device or computer, and mobile device applica-
 tions; provided however that sports wagers shall include,  but  are  not
 limited  to,  single-game  bets,  teaser bets, parlays, over-under bets,
 money line, pools, in-game wagering, in-play bets, proposition bets, and
 straight bets;
   (y) "Sports wagering gross revenue" means[: (i)] the amount  equal  to
 the  total  of  all  sports wagers not attributable to prohibited sports
 events that a mobile sports wagering licensee collects from  all  sports
 bettors,  less  the  total  of  all  sums not attributable to prohibited
 sports events paid out as winnings to all sports bettors, however,  that
 the  total  of all sums paid out as winnings to sports bettors shall not
 include the cash equivalent value of any merchandise or thing  of  value
 awarded as a prize;
   (z)  "Sports  wagering  lounge" means an area wherein a sports pool is
 operated at a casino OR A VIDEO LOTTERY GAMING FACILITY for placement of
 in-person wagers;
 A. 8361--A                          4
 
   (aa) "Unusual wagering  activity"  means  abnormal  wagering  activity
 exhibited  by patrons and deemed by the casino, the mobile sports wager-
 ing licensee, A VIDEO LOTTERY GAMING FACILITY, or commission pursuant to
 rules and regulations promulgated by  the  commission,  as  a  potential
 indicator   of  suspicious  activity.  Abnormal  wagering  activity  may
 include, but is not  limited  to,  the  size  of  a  patron's  wager  or
 increased wagering volume on a particular event or wager type;
   (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,  VIDEO
 LOTTERY  GAMING  FACILITY, or commission for the purpose of assisting in
 identifying suspicious wagering activity; AND
   (DD) "VIDEO LOTTERY GAMING FACILITY" MEANS A CLASS TWO GAMING FACILITY
 OWNED BY A PUBLIC BENEFIT CORPORATION LOCATED IN REGION  THREE  OF  ZONE
 ONE.
   2.  (a)  In  addition  to  authorized gaming activities, a casino OR A
 VIDEO LOTTERY GAMING  FACILITY  may  operate  a  sports  pool  upon  the
 approval of the commission and in accordance with the provisions of this
 section and applicable regulations promulgated pursuant to this article.
 The  commission  shall  hear and decide promptly and in reasonable order
 all applications for a license to operate a sports pool, shall have  the
 general  responsibility for the implementation of this section and shall
 have all other duties specified in this section with regard to the oper-
 ation of a sports pool. The license to operate a sports pool shall be in
 addition to any other license required to be issued to operate a  casino
 OR A VIDEO LOTTERY GAMING FACILITY.  No license to operate a sports pool
 shall  be  issued  by  the commission to any entity unless it has estab-
 lished its financial stability, integrity  and  responsibility  and  its
 good character, honesty and integrity.
   No  later  than five years after the date of the issuance of a license
 and every five years thereafter or within such  lesser  periods  as  the
 commission  may  direct,  a licensee shall submit to the commission such
 documentation  or  information  as  the  commission  may  by  regulation
 require, to demonstrate to the satisfaction of the executive director of
 the  commission  that the licensee continues to meet the requirements of
 the law and regulations.
   (b) A sports pool shall  be  operated  in  a  sports  wagering  lounge
 located  at  a  casino  OR  A VIDEO LOTTERY GAMING FACILITY.  The lounge
 shall conform to all requirements  concerning  square  footage,  design,
 equipment,  security  measures  and related matters which the commission
 shall by regulation prescribe. Provided,  however,  the  commission  may
 also approve additional locations for a sports pool within the casino OR
 VIDEO  LOTTERY  GAMING FACILITY, in areas that have been approved by the
 commission for the conduct of other gaming, to be operated in  a  manner
 and methodology as regulation shall prescribe.
   (c)  The operator of a sports pool shall establish or display the odds
 at which wagers may be placed on sports events.
   (d) An operator shall accept wagers on sports events only from persons
 physically present in the sports wagering lounge, through mobile  sports
 wagering  offered  pursuant to section thirteen hundred sixty-seven-a of
 this title, if such operator is also a mobile sports wagering  licensee,
 or  any  additional  locations  for  a  sports  pool  within the casino,
 A. 8361--A                          5
 
 approved by the gaming commission. A person placing a wager shall be  at
 least twenty-one years of age.
   (e)  An  operator  or  mobile sports wagering licensee may also accept
 layoff bets as long as the authorized sports  pool  places  such  wagers
 with  another  authorized  sports pool or pools in accordance with regu-
 lations of the commission. A sports pool that places a layoff bet  shall
 inform  the  sports  pool  accepting  the  wager that the wager is being
 placed by a sports pool and shall disclose its identity.
   (f) An operator or mobile sports wagering licensee may utilize  global
 risk management pursuant to the approval of the commission.
   (g)  An  operator  or  mobile sports wagering licensee shall not admit
 into the sports wagering lounge, or accept wagers from, any person whose
 name appears on the exclusion list.
   (h) The holder of a license to operate a sports pool may contract with
 an entity to conduct that operation, in accordance with the  regulations
 of the commission. That entity shall obtain a license as a casino vendor
 enterprise prior to the execution of any such contract, and such license
 shall be issued pursuant to the provisions of section one thousand three
 hundred  twenty-seven  of  this article and in accordance with the regu-
 lations promulgated by the commission.
   (i) If any provision of this article or its application to any  person
 or  circumstance  is held invalid, the invalidity shall not affect other
 provisions or applications of this article which  can  be  given  effect
 without  the  invalid  provision  or  application,  and  to this end the
 provisions of this article are severable.
   3. (a) All persons employed directly  in  wagering-related  activities
 conducted  within a sports wagering lounge shall be licensed as a casino
 key employee or registered as a gaming employee, as  determined  by  the
 commission.  All  other employees who are working in the sports wagering
 lounge may be required to be registered, if appropriate,  in  accordance
 with regulations of the commission.
   (b)  Each operator of a sports pool shall designate one or more casino
 key employees who shall be responsible for the operation of  the  sports
 pool.  At  least  one  such casino key employee shall be on the premises
 whenever sports wagering is conducted.
   4. Except as otherwise provided by this article, the commission  shall
 have  the  authority  to regulate sports pools and the conduct of sports
 wagering under this article to the same extent that the commission regu-
 lates other gaming. No casino, VIDEO LOTTERY GAMING FACILITY, or  mobile
 sports  wagering  licensee  shall be authorized to operate a sports pool
 unless  it  has  produced  information,  documentation,  and  assurances
 concerning  its  financial  background  and  resources,  including  cash
 reserves, that are sufficient to demonstrate that it has  the  financial
 stability,  integrity,  and  responsibility to operate a sports pool. In
 developing rules and regulations  applicable  to  sports  wagering,  the
 commission  shall  examine  the  regulations implemented in other states
 where sports wagering is conducted and shall,  as  far  as  practicable,
 adopt  a  similar  regulatory framework. The commission shall promulgate
 regulations necessary to carry  out  the  provisions  of  this  section,
 including, but not limited to, regulations governing the:
   (a) amount of cash reserves to be maintained by casinos, VIDEO LOTTERY
 GAMING FACILITIES, and mobile sports wagering licensees to cover winning
 wagers;
   (b) acceptance of wagers on a series of sports events;
 A. 8361--A                          6
 
   (c)  maximum  wagers  which may be accepted by a casino, VIDEO LOTTERY
 GAMING FACILITY, or mobile sports wagering licensee from any one  patron
 on any one sports event;
   (d) type of wagering tickets which may be used;
   (e) method of issuing tickets;
   (f)  method  of accounting to be used by casinos, VIDEO LOTTERY GAMING
 FACILITIES, and mobile sports wagering licensees;
   (g) types of records which shall be kept;
   (h) use of credit and checks by authorized sports bettors;
   (i) the process by which a casino OR A VIDEO LOTTERY  GAMING  FACILITY
 may place a layoff bet;
   (j) the use of global risk management;
   (k) type of system for wagering; and
   (l) protections for a person placing a wager.
   5.  Each  casino,  VIDEO  LOTTERY  GAMING  FACILITY, and mobile sports
 wagering licensee shall adopt comprehensive house rules governing sports
 wagering transactions with its  authorized  sports  bettors.  The  rules
 shall specify the amounts to be paid on winning wagers and the effect of
 schedule  changes.  The house rules, together with any other information
 the commission deems appropriate, shall be  conspicuously  displayed  in
 the  sports  wagering lounge and included in the terms and conditions of
 the account wagering system, and copies shall be made readily  available
 to  authorized  sports  bettors.  Mobile sports wagering operators shall
 develop and prominently display procedures on  the  main  page  of  such
 mobile  sports wagering operator's platform for the filing of complaints
 by authorized sports bettors against such mobile sports wagering  opera-
 tor.  An  initial response shall be given by such mobile sports wagering
 operator to such bettor filing the complaint within forty-eight hours. A
 complete response shall be given by such mobile sports wagering operator
 to such bettor filing the complaint within ten business days. An author-
 ized sports bettor may file a complaint  alleging  a  violation  of  the
 provisions of this article with the commission.
   6.  (a) Each casino, VIDEO GAMING FACILITY, and mobile sports wagering
 operator that offers sports wagering shall annually submit a  report  to
 the commission no later than the twenty-eighth of February of each year,
 which shall include the following information:
   (i)  the total amount of sports wagers received from authorized sports
 bettors;
   (ii) the total amount of prizes awarded to authorized sports bettors;
   (iii) the total amount of sports wagering gross  revenue  received  by
 the  casino,  VIDEO  LOTTERY  GAMING FACILITY, or mobile sports wagering
 operator;
   (iv) the total amount of wagers  received  on  each  sports  governing
 body's sporting events;
   (v) the number of accounts held by authorized sports bettors;
   (vi)  the  total  number  of new accounts established in the preceding
 year, as well as the total number of accounts permanently closed in  the
 preceding year;
   (vii)  the total number of authorized sports bettors that requested to
 exclude themselves in a prior year who participated in sports  wagering;
 and
   (viii)  any additional information that the commission deems necessary
 to carry out the provisions of this article.
   (b) The commission shall annually publish a report based on the aggre-
 gate information provided by all casinos, VIDEO LOTTERY  GAMING  FACILI-
 TIES,  and mobile sports wagering operators pursuant to paragraph (a) of
 A. 8361--A                          7
 
 this subdivision, which shall be published on the  commission's  website
 no  later  than  one  hundred  eighty  days  after  the deadline for the
 submission of individual reports as specified in such paragraph (a).
   7. For the privilege of conducting sports wagering in the state, casi-
 nos  AND  VIDEO  LOTTERY GAMING FACILITIES shall pay a tax equivalent to
 ten percent of their sports wagering  gross  gaming  revenue,  excluding
 sports  wagering gross gaming revenue attributed to mobile sports wager-
 ing offered pursuant to section thirteen hundred sixty-seven-a  of  this
 title.  Platform  providers  shall  pay  a  tax  constituting  a certain
 percentage of the sports wagering gross  gaming  revenue  attributed  to
 mobile sports wagering offered through such platform provider's platform
 pursuant  to  section  thirteen  hundred  sixty-seven-a  of  this title;
 provided however, that such percentage shall be determined pursuant to a
 competitive bidding process conducted by the commission as  outlined  in
 subdivision  seven  of  section  thirteen  hundred sixty-seven-a of this
 title; and provided further, that such percentage shall be no lower than
 twelve percent. When awarding a license  pursuant  to  section  thirteen
 hundred  sixty-seven-a  of  this title, the commission may set graduated
 tax rates; provided however, that any such tax rates may  not  be  lower
 than the minimum rate established in this subdivision.
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile  sports  wagering  gross  gaming revenue and tax revenue shall be
 excluded from sports wagering gross  gaming  revenue  and  tax  revenue.
 Mobile  sports  wagering  tax revenue shall be separately maintained and
 returned to the state for deposit into the state lottery fund for educa-
 tion aid except as otherwise provided in this subdivision. Any  interest
 and  penalties  imposed  by  the commission relating to those taxes, all
 penalties levied and collected by the commission,  and  the  appropriate
 funds,  cash or prizes forfeited from sports wagering shall be deposited
 into the state lottery fund for education. In fiscal year  two  thousand
 twenty-two, the commission shall pay into the commercial gaming fund one
 percent  of  the  state  tax  imposed  on mobile sports wagering by this
 section to be distributed for problem gambling education  and  treatment
 purposes  pursuant to paragraph a of subdivision four of section ninety-
 seven-nnnn of the state finance law; provided however, that such  amount
 shall  be  equal  to  six  million  dollars for each fiscal year through
 fiscal year two thousand twenty-six and twelve million dollars for  each
 fiscal  year  thereafter, provided that this amount may only be expended
 pursuant to a plan approved by the director of  the  budget.  In  fiscal
 year  two  thousand  twenty-two, the commission shall pay one percent of
 the state tax imposed on mobile sports wagering by this section  to  the
 general fund, a program to be administered by the office of children and
 family  services  for  a statewide youth sports activities and education
 grant program for the purpose  of  providing  annual  awards  to  sports
 programs for underserved youth under the age of eighteen years; provided
 however,  that  such  amount  shall be equal to five million dollars for
 each fiscal year thereafter.  The  commission  shall  require  at  least
 monthly  deposits  by  a  platform  provider of any payments pursuant to
 subdivision seven of this section, at such times, under such conditions,
 and in such depositories as shall  be  prescribed  by  the  state  comp-
 troller.  The  deposits  shall  be  deposited to the credit of the state
 commercial gaming revenue fund. The commission shall require  a  monthly
 report and reconciliation statement to be filed with it on or before the
 tenth  day  of  each  month, with respect to gross revenues and deposits
 received and made, respectively, during the preceding month.
 A. 8361--A                          8
 
   9. The commission may perform audits of the books  and  records  of  a
 casino,  VIDEO LOTTERY GAMING FACILITY, or mobile sports wagering licen-
 see pursuant to section one hundred four of this chapter.
   10.  Nothing in this section shall apply to interactive fantasy sports
 offered pursuant to article fourteen of this chapter.  Nothing  in  this
 section  authorizes  any entity that conducts interactive fantasy sports
 offered pursuant to article fourteen of this chapter to  conduct  sports
 wagering  unless it separately qualifies for, and obtains, authorization
 pursuant to this section.
   11. A sports governing body may notify the commission that it  desires
 to  restrict,  limit,  or  exclude  wagering  on  its sporting events by
 providing notice in the form and manner as the commission  may  require.
 Upon  receiving  such notice, the commission shall review the request in
 good faith, seek input from the casinos, VIDEO  LOTTERY  GAMING  FACILI-
 TIES,  or mobile sports wagering licensees on such a request, and if the
 commission deems it appropriate, promulgate regulations to restrict such
 sports wagering.
   12. (a) When potential criminal activity is suspected by  the  commis-
 sion, the commission shall designate the division of the state police to
 have  primary  responsibility for assisting the commission in conducting
 investigations into unusual wagering activity, match fixing,  and  other
 conduct that corrupts a wagering outcome of a sporting event or events.
   (b) Casinos, VIDEO LOTTERY GAMING FACILITIES, and mobile sports wager-
 ing  licensees  shall  maintain records of sports wagering operations in
 accordance with regulations promulgated by the commission.  These  regu-
 lations  shall,  at  a  minimum,  require a casino, VIDEO LOTTERY GAMING
 FACILITY, or mobile sports wagering  operator  to  adopt  procedures  to
 obtain personally identifiable information from any individual who plac-
 es  any  single wager in an amount of ten thousand dollars or greater or
 making a potential payout or actual payout of ten  thousand  dollars  or
 greater on a winning wager.
   (c)  Casinos,  VIDEO LOTTERY GAMING FACILITIES, mobile sports wagering
 licensees and sports governing bodies shall cooperate with  the  commis-
 sion  to  ensure the timely, efficient, and accurate sharing of informa-
 tion.
   (d) Casinos, VIDEO LOTTERY GAMING FACILITIES, mobile  sports  wagering
 licensees  and  sports  governing  bodies  shall cooperate with investi-
 gations conducted by the commission or law enforcement agencies, includ-
 ing but not limited  to  providing  or  facilitating  the  provision  of
 account-level  wagering information and audio or video files relating to
 persons placing  wagers;  provided,  however,  that  the  casino,  VIDEO
 LOTTERY  GAMING  FACILITY, and mobile sports wagering operator shall not
 be required to share  any  personally  identifiable  information  of  an
 authorized  sports  bettor with any sports governing body unless ordered
 to do so by the commission, a law enforcement agency or court of  compe-
 tent jurisdiction.
   (e)  (i)  Casinos,  VIDEO LOTTERY GAMING FACILITIES, and mobile sports
 wagering licensees shall promptly report to the commission and any third
 party integrity monitoring  provider  approved  by  the  commission,  as
 applicable  and  in accordance with rules and regulations established by
 the commission, any information relating to:
   (1) criminal or disciplinary proceedings commenced against the casino,
 VIDEO LOTTERY GAMING FACILITY, or mobile  sports  wagering  licensee  in
 connection with its operations;
   (2)  unusual wagering activity or patterns that may indicate a concern
 with the integrity of a sporting event or events;
 A. 8361--A                          9
 
   (3) any potential breach  of  the  relevant  sports  governing  body's
 internal  rules  and  codes of conduct pertaining to sports wagering, as
 they have been provided by the sports governing body to the casino,  THE
 VIDEO LOTTERY GAMING FACILITY, or the mobile sports wagering operator;
   (4)  any  other conduct that corrupts a wagering outcome of a sporting
 event or events, including match fixing; and
   (5) suspicious or illegal wagering activities, including use of  funds
 derived  from  illegal  activity,  wagers  to  conceal  or launder funds
 derived from illegal activity,  using  agents  to  place  wagers,  using
 confidential non-public information, and using false identification.
   (ii)   The  commission  may  share  information  relating  to  conduct
 described in clauses two, three and four of  subparagraph  (i)  of  this
 paragraph with the relevant sports governing body.
   (iii)  The  commission  shall  be  authorized to share any information
 under this section with any law enforcement entity, team, sports govern-
 ing body, or regulatory agency the commission  deems  appropriate.  Such
 sharing of information may include, but is not limited to, account level
 wagering  information and any audio or video files related to the inves-
 tigation.
   (iv) A casino, VIDEO LOTTERY GAMING FACILITY, or mobile sports  wager-
 ing licensee may be required to share any personally identifiable infor-
 mation  of an authorized sports bettor with a sports governing body only
 pursuant to an order to do so by the commission, a law enforcement agen-
 cy or a court of competent jurisdiction.
   (f) The confidentiality of information shared between a sports govern-
 ing body and a casino, A VIDEO LOTTERY  GAMING  FACILITY,  or  a  mobile
 sports  wagering operator shall be maintained pursuant to all applicable
 data privacy laws, unless disclosure is required by  this  section,  the
 commission,  other  law,  or  court  order. Furthermore, the information
 shared between a sports governing body, a casino, A VIDEO LOTTERY GAMING
 FACILITY, a mobile sports wagering operator or any other party  pursuant
 to  this  act  may not be used for business or marketing purposes by the
 recipient without  the  express  written  approval  of  the  party  that
 provides such information.
   (g)  The  commission,  by regulation, may authorize and promulgate any
 rules necessary to implement agreements with other states, or authorized
 agencies thereof to enable the  sharing  of  information  to  facilitate
 integrity  monitoring  and  the  conduct of investigations into abnormal
 wagering activity, match fixing,  and  other  conduct  that  corrupts  a
 wagering outcome of a sporting event or events.
   (h) In the event of the creation of an entity that maintains an inter-
 state  database of sports wagering information for the purpose of integ-
 rity monitoring, the commission may share information and cooperate with
 such entity pursuant to regulations promulgated by the commission.
   (i) Casinos, VIDEO LOTTERY GAMING FACILITIES, and mobile sports wager-
 ing licensees shall adopt procedures to prevent persons from wagering on
 sports events who are prohibited from placing sports wagers.  A  casino,
 VIDEO  LOTTERY GAMING FACILITY, 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,  VIDEO  LOTTERY  GAMING  FACILITY,  or
 mobile sports wagering licensee;
   (ii)  whose  name appears on any self-exclusion list maintained by the
 commission and provided to the casino, VIDEO LOTTERY GAMING FACILITY, or
 mobile sports wagering licensee;
 A. 8361--A                         10
 
   (iii) who is the operator, director, officer, owner,  or  employee  of
 the  casino,  VIDEO  LOTTERY  GAMING FACILITY, or mobile sports wagering
 licensee or any spouse, child, sibling or  parent  living  in  the  same
 principal place of abode as such individual;
   (iv)  who  has been identified as a prohibited sports bettor in a list
 provided by the sports governing body  to  the  commission  and  casino,
 VIDEO  LOTTERY GAMING FACILITY, or mobile sports wagering operator, that
 identifies the individual by such personally identifiable information as
 specified by rules and regulations promulgated by the commission; or
   (v) who is an agent or proxy for a prohibited sports bettor.
   (j) The commission shall establish a method  of  communication,  which
 may  include,  but  is  not  limited  to a website form, that allows any
 person to confidentially report information  about  conduct  potentially
 warranting  further investigation to the commission. The identity of any
 person reporting conduct potentially warranting further investigation to
 the commission shall remain confidential unless that  person  authorizes
 disclosure  of [his or her] SUCH PERSON'S identity or until such time as
 the allegation of conduct potentially warranting  further  investigation
 is  referred  to  law enforcement. The commission shall promulgate rules
 governing the investigation and resolution of a  charge  of  any  person
 purported  to  have  engaged  in  conduct potentially warranting further
 investigation.
   13. The commission shall promulgate rules that require a casino, VIDEO
 LOTTERY GAMING FACILITY, or mobile sports wagering [licensees]  LICENSEE
 to  implement  responsible  gaming  programs  that include comprehensive
 employee trainings on responding to circumstances in  which  individuals
 present  signs  of a gambling addiction and requirements for casinos and
 mobile sports wagering licensees under section thirteen  hundred  sixty-
 seven-a  of this title to assess, prevent, and address problem gaming by
 such casino's or mobile sports wagering licensee's users.
   14. For purposes of wager determination, the commission shall  provide
 a preference for the use of official league data unless the use of other
 objective  wager determination criteria has been justified to the satis-
 faction of the commission.
   15. The conduct of sports wagering in violation  of  this  section  is
 prohibited.
   16. (a) In addition to any criminal penalties provided for under arti-
 cle  two  hundred twenty-five of the penal law, any person, firm, corpo-
 ration, association, agent, or employee, who is not authorized to  offer
 sports  wagering  under  this section or section thirteen hundred sixty-
 seven-a of this title, and who knowingly offers  or  attempts  to  offer
 sports  wagering  or  mobile sports wagering in New York shall be liable
 for a civil penalty of not more than one hundred  thousand  dollars  for
 each  violation, not to exceed five million dollars for violations aris-
 ing out of the same transaction or occurrence, which shall accrue to the
 state and may be recovered in a civil action  brought  by  the  attorney
 general.
   (b) Any person, firm, corporation, association, agent, or employee who
 knowingly  violates  any  procedure  implemented  under this section, or
 section thirteen hundred sixty-seven-a of this title,  shall  be  liable
 for  a civil penalty as described in section one hundred sixteen of this
 chapter which shall accrue to the state and may be recovered in a  civil
 action brought by the commission.
   17.  ALL  SPORTS  WAGERS  PLACED  IN ACCORDANCE WITH THIS SECTION AT A
 VIDEO LOTTERY GAMING FACILITY ARE CONSIDERED PLACED  OR  OTHERWISE  MADE
 WHEN RECEIVED BY THE VIDEO LOTTERY GAMING FACILITY ON SUCH VIDEO LOTTERY
 A. 8361--A                         11
 
 GAMING FACILITY'S SERVER OR OTHER EQUIPMENT USED TO ACCEPT SPORTS WAGERS
 AT  A  LICENSED  COMMERCIAL  CASINO, REGARDLESS OF THE AUTHORIZED SPORTS
 BETTOR'S PHYSICAL LOCATION WITHIN THE STATE AT THE TIME THE SPORTS WAGER
 IS PLACED.
   § 2. This act shall take effect immediately.