Assembly Bill A9579

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9579
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation  to establishing consumer-protection standards for high-value
   customer programs offered by mobile sports wagering operators
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1367-a  of  the racing, pari-mutuel wagering and
 breeding law is amended by adding a  new  subdivision  5-a  to  read  as
 follows:
   5-A.  (A)  AS  USED IN THIS SUBDIVISION, "HIGH-VALUE CUSTOMER PROGRAM"
 MEANS ANY "VIP", "ELITE", "PREFERRED", "HIGH-VALUE", OR SIMILARLY-DESIG-
 NATED PROGRAM THAT PROVIDES ENHANCED INCENTIVES, BONUSES, REBATES, DEDI-
 CATED ACCOUNT MANAGEMENT, OR OTHER SPECIAL  BENEFITS  TIED  TO  WAGERING
 ACTIVITY.
   (B)  NO  MOBILE  SPORTS  WAGERING  OPERATOR, OR ANY AFFILIATE OR AGENT
 THEREOF SHALL OFFER, ENROLL, OR  PERMIT  ANY  PERSON  UNDER  TWENTY-FIVE
 YEARS OF AGE TO PARTICIPATE IN ANY HIGH-VALUE CUSTOMER PROGRAM.
   (C)(I) PRIOR TO ENROLLING ANY PERSON IN A HIGH-VALUE CUSTOMER PROGRAM,
 A  MOBILE SPORTS WAGERING OPERATOR SHALL CONDUCT AN AFFORDABILITY REVIEW
 TO DETERMINE WHETHER THE PERSON'S WAGERING ACTIVITY  IS  AFFORDABLE  AND
 SUSTAINABLE, AND DOES NOT POSE A RISK OF GAMBLING-RELATED HARM.
   (II) SUCH REVIEW SHALL INCLUDE, AT A MINIMUM: IDENTITY AND AGE VERIFI-
 CATION;  KNOW-YOUR-CUSTOMER  DUE-DILIGENCE;  VERIFICATION  OF  INCOME OR
 FINANCIAL CAPACITY SUFFICIENT TO  SUPPORT  WAGERING  LEVELS;  REVIEW  OF
 WAGERING  PATTERNS  FOR INDICATORS OF HARM; WHETHER SUCH PERSON HAS EVER
 BEEN ON ANY STATE OR PRIVATE GAMBLING SELF-EXCLUSION LIST; AND ANY OTHER
 FACTOR REQUIRED BY THE GAMING COMMISSION.
   (III) A PERSON WHO HAS BEEN PLACED ON ANY STATE  OR  PRIVATE  GAMBLING
 SELF-EXCLUSION  LIST  SHALL  NOT BE ELIGIBLE FOR ANY HIGH-VALUE CUSTOMER
 PROGRAM FOR AT LEAST TWO YEARS AFTER SUCH PERSON'S SELF-EXCLUSION PERIOD
 HAS EXPIRED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14401-01-6
 A. 9579                             2
              

 
   (IV) EVERY MOBILE SPORTS  WAGERING  OPERATOR  SHALL  MAINTAIN  WRITTEN
 RECORDS  OF  SUCH  REVIEWS AND SHALL RE-EVALUATE EACH ENROLLED PERSON AT
 LEAST QUARTERLY, OR MORE FREQUENTLY IF INDICATORS OF HARM APPEAR.
   (V) A MOBILE SPORTS WAGERING OPERATOR SHALL DENY OR SUSPEND HIGH-VALUE
 CUSTOMER STATUS TO ANY PERSON WHO FAILS TO PROVIDE INFORMATION NECESSARY
 TO  COMPLETE THE REVIEW REQUIRED PURSUANT TO THIS SUBDIVISION OR IF SUCH
 REVIEW INDICATES MATERIAL RISK OF HARM.
   (D) NO MOBILE SPORTS WAGERING OPERATOR SHALL OFFER OR PROVIDE, TO  ANY
 PERSON  WITH  HIGH-VALUE CUSTOMER STATUS, ANY INCENTIVE, REWARD, REBATE,
 BONUS, OR PROMOTION THAT:
   (I) IS CONDITIONED UPON NET LOSSES, ESCALATING LOSSES, OR WAGERING  AT
 LEVELS INCONSISTENT WITH THE AFFORDABILITY REVIEW;
   (II)  ENCOURAGES  CONTINUING TO BET OR INCREASING THE SIZE OF A BET TO
 RECOUP LOSSES FROM PREVIOUS BETS, INCREASED FREQUENCY OF PLAY, OR WAGER-
 ING BEYOND PRESET LIMITS;
   (III) OFFERS GIFTS, HOSPITALITY,  OR  OTHER  BENEFITS  CONDITIONED  ON
 REACHING HIGHER LOSS OR SPEND THRESHOLDS; OR
   (IV)  IS  OTHERWISE  DETERMINED BY THE GAMING COMMISSION TO PRESENT AN
 UNREASONABLE RISK OF GAMBLING-RELATED HARM.
   (E) NO PERSON EMPLOYED BY OR AFFILIATED WITH A MOBILE SPORTS  WAGERING
 OPERATOR  MAY  RECEIVE  ANY  REMUNERATION  BASED UPON THE NUMBER OF BETS
 PLACED OR THE AMOUNT WAGERED  BY  A  PERSON  ENROLLED  IN  A  HIGH-VALUE
 CUSTOMER PROGRAM.
   (F)  MOBILE  SPORT  WAGERING OPERATORS SHALL MAINTAIN WRITTEN POLICIES
 GOVERNING THE OPERATION OF HIGH-VALUE  PROGRAMS,  INCLUDING  ELIGIBILITY
 CRITERIA,  RESPONSIBLE-GAMING  SAFEGUARDS,  AND  INTERNAL CONTROLS. SUCH
 PROGRAMS SHALL BE OVERSEEN BY AN EMPLOYEE HOLDING A POSITION APPROVED BY
 THE GAMING COMMISSION, WHO SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THIS
 SUBDIVISION AND ALL REGULATIONS PROMULGATED HEREUNDER.
   (G) THE COMMISSION SHALL PROMULGATE RULES TO  IMPLEMENT  THE  REQUIRE-
 MENTS OF THIS SUBDIVISION, INCLUDING DETAILED AFFORDABILITY-CHECK STAND-
 ARDS,  REPORTING  REQUIREMENTS,  AUDITING PROCEDURES, AND LIMITATIONS ON
 INCENTIVES OR MARKETING PRACTICES.
   § 2. This act shall take effect immediately.