NY State Assembly Bill 2025-A9584A

Current Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2026	referred to racing, gaming and wagering delivered to senate passed assembly
Mar 19, 2026	advanced to third reading cal.324
Mar 17, 2026	reported
Mar 11, 2026	reported referred to codes
Feb 25, 2026	print number 9584a
Feb 25, 2026	amend (t) and recommit to racing and wagering
Jan 21, 2026	referred to racing and wagering

Bill Amendments

Original

A (Active)

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2025-A9584 - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Add §1367-b, amd §§1367-a, 1367, RWB L

2025-A9584 - Summary

Enhances know your customer requirements and responsible gaming procedures; relates to the opening and closing of an authorized sports bettor's account; prohibits an authorized sports bettor from allowing another person to access such bettor's account; allows a bettor who does so to be designated a prohibited bettor

2025-A9584 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9584
 
                           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  and
   the  penal  law,  in relation to enhancing know your customer require-
   ments and to clarify that sharing a mobile sports wagering account  is
   a criminal activity

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1367-a of the racing,  pari-mutuel
 wagering  and  breeding  law is amended by adding two new paragraphs (c)
 and (d) to read as follows:
   (C) "ACCOUNT SHARING" MEANS  ENTERING  INTO  OR  PARTICIPATING  IN  AN
 AGREEMENT  BETWEEN  TWO OR MORE PERSONS TO, EITHER TEMPORARILY OR PERMA-
 NENTLY, SHARE ACCESS TO AN AUTHORIZED SPORTS BETTOR'S ACCOUNT  WITH  THE
 PURPOSE OF CONCEALING A PERSON'S IDENTITY, WHICH ACCOUNT HAS BEEN ESTAB-
 LISHED  WITH  A MOBILE SPORTS WAGERING OPERATOR TO PARTICIPATE IN MOBILE
 SPORTS WAGERING UNDER THIS SECTION.
   (D) "PROXY BETTING" MEANS ANY WAGERING OR BETTING ACTIVITY,  INCLUDING
 A  REQUEST OF ANOTHER TO ENGAGE IN WAGERING OR BETTING ACTIVITY, INVOLV-
 ING TWO OR MORE PERSONS, WHERE ONE PERSON PLACES A WAGER  ON  BEHALF  OF
 ANOTHER PERSON WITH THE INTENT TO HIDE OR CONCEAL THE BETTOR'S IDENTITY.
   § 2. Subparagraphs (xiv) and (xv) 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,  are
 amended  and two new subparagraphs (xvi) and (xvii) are added to read as
 follows:
   (xiv) maintain  a  publicly  accessible  internet  page  dedicated  to
 responsible  play,  a  link  to  which  must appear on the mobile sports
 wagering operator's website and in any mobile application or  electronic
 platform  on  which a bettor may place wagers. The responsible play page
 shall include: a statement of  the  mobile  sports  wagering  operator's
 policy  and  commitment to responsible gaming; information regarding, or
 links to information regarding, the risks associated with  gambling  and
 the  potential signs of problem gaming; the availability of self-imposed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14473-01-6
 A. 9584                             2
 
 responsible gaming limits; a link to a problem gaming webpage maintained
 by the office of addiction services and supports; and such other  infor-
 mation or statements as the commission may require by rule; [and]
   (xv)  submit  annually  a problem gaming plan that was approved by the
 commission in consultation with the office  of  addiction  services  and
 supports  that includes: the objectives of and timetables for implement-
 ing the plan; identification of the persons responsible for implementing
 and  maintaining  the  plan;  procedures  for  identifying  users   with
 suspected  or  known  problem  gaming behavior; procedures for providing
 information  to  users  concerning  problem  gaming  identification  and
 resources;  procedures  to  prevent  gaming  by minors and self-excluded
 persons; and such other problem gaming information as the commission may
 require by rule[.];
   (XVI) UPON ACCOUNT CREATION, THE FOLLOWING INFORMATION, AT A  MINIMUM,
 SHALL  BE  PROVIDED BY A POTENTIAL AUTHORIZED SPORT BETTOR BEFORE STATUS
 AS AN AUTHORIZED SPORTS BETTOR MAY BE CONFIRMED:
   (1) FULL NAME;
   (2) PHYSICAL RESIDENTIAL ADDRESS;
   (3) DATE OF BIRTH;
   (4) LAST FOUR DIGITS OF SUCH PERSON'S SOCIAL  SECURITY  NUMBER  OR  AN
 EQUIVALENT IDENTIFICATION NUMBER FOR A PERSON WHO HAS NO SOCIAL SECURITY
 NUMBER SUCH AS A PASSPORT OR TAXPAYER IDENTIFICATION NUMBER;
   (5) RACE AND ETHNICITY;
   (6) GENDER;
   (7) A PHOTOGRAPH OF A GOVERNMENT-ISSUED IDENTIFICATION CARD; AND
   (8) A LIVE PHOTOGRAPH; AND
   (XVII)(1)  UTILIZE  MULTI-FACTOR  AUTHENTICATION TO VERIFY A POTENTIAL
 AUTHORIZED SPORT BETTOR'S IDENTITY. EACH AUTHORIZED SPORTS BETTOR  SHALL
 BE  REQUIRED  TO  USE A USERNAME AND ANY TWO OF THE FOLLOWING METHODS OF
 AUTHENTICATION TO VERIFY SUCH PERSON'S IDENTITY:
   (A) PASSWORD OR OTHER COMMONLY USED MOBILE PHONE LOGIN MECHANISM;
   (B) ANSWER PREVIOUSLY PROVIDED SECURITY QUESTIONS;
   (C) BIOMETRIC DATA, INCLUDING FINGERPRINT, FACIAL  OR  VOICE  RECOGNI-
 TION;
   (D) AN AUTHORIZATION CODE SENT BY PHONE CALL, TEXT MESSAGE OR EMAIL TO
 THE CONTACT INFORMATION PROVIDED AT THE OPENING OF THE ACCOUNT; OR
   (E) ANY OTHER AUTHORIZATION TYPE AS APPROVED BY THE COMMISSION.
   (2)  ONCE AN AUTHORIZED SPORTS BETTOR HAS SUCCESSFULLY LOGGED IN USING
 MULTI-FACTOR AUTHENTICATION, SUBSEQUENT LOGINS TO THE  SAME  ACCOUNT  ON
 THE  SAME  DEVICE  MAY  BE EXEMPT FROM MULTI-FACTOR AUTHENTICATION FOR A
 PERIOD NOT TO EXCEED ONE HOUR.
   § 3. Paragraph (d) 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:
   (d) Mobile sports wagering licensees shall not permit sports  wagering
 by  anyone  they  know,  or should have known, to be a prohibited sports
 bettor AND SHALL IMMEDIATELY  NOTIFY  THE  GAMING  COMMISSION  WHEN  THE
 LICENSEE  HAS  KNOWLEDGE  THAT  A  PROHIBITED SPORTS BETTOR HAS PLACED A
 WAGER ON THEIR PLATFORM. THE COMMISSION SHALL PENALIZE A  MOBILE  SPORTS
 WAGERING LICENSEE FOUND TO HAVE VIOLATED THIS SUBDIVISION AS FOLLOWS:
   (I) FOR A FIRST VIOLATION, A FINE OF FIVE THOUSAND DOLLARS;
   (II)  FOR A SECOND VIOLATION WITHIN ONE YEAR OF A VIOLATION, A FINE OF
 TWENTY THOUSAND DOLLARS;
   (III) FOR A THIRD VIOLATION WITHIN ONE YEAR OF A VIOLATION, A FINE  OF
 TWENTY-FIVE THOUSAND DOLLARS; AND
 A. 9584                             3
 
   (IV) FOR A FOURTH VIOLATION OR SUBSEQUENT VIOLATION WITHIN ONE YEAR OF
 A  VIOLATION,  A  FINE  OF TWENTY-FIVE THOUSAND DOLLARS AND SUCH FURTHER
 ACTION AS THE COMMISSION MAY DEEM APPROPRIATE, WHICH MAY INCLUDE WITHOUT
 LIMITATION THE SUSPENSION OR REVOCATION OF THE  MOBILE  SPORTS  WAGERING
 OPERATOR'S LICENSE.
   §  4.  Section 1367-a of the racing, pari-mutuel wagering and breeding
 law is amended by adding a new subdivision 8 to read as follows:
   8. NO PERSON SHALL ENGAGE IN ACCOUNT SHARING OR PROXY BETTING  WITH  A
 PROHIBITED  SPORTS  BETTOR.  THE COMMISSION SHALL FINE A PERSON FOUND TO
 HAVE VIOLATED THIS SUBDIVISION AS FOLLOWS:
   (A) FOR A FIRST VIOLATION, A FINE OF ONE THOUSAND DOLLARS;
   (B) FOR A SECOND VIOLATION WITHIN ONE YEAR OF A VIOLATION, A  FINE  OF
 FIVE THOUSAND DOLLARS;
   (C)  FOR  A  THIRD VIOLATION WITHIN ONE YEAR OF A VIOLATION, A FINE OF
 TEN THOUSAND DOLLARS; AND
   (D) FOR A FOURTH VIOLATION OR SUBSEQUENT VIOLATION WITHIN ONE YEAR  OF
 A  VIOLATION,  A  FINE  OF TWENTY-FIVE THOUSAND DOLLARS AND SUCH FURTHER
 ACTION AS THE COMMISSION MAY DEEM APPROPRIATE.
   § 5. Subdivision 4 of section 225.00 of the penal law  is  amended  to
 read as follows:
   4.  "Advance gambling activity." A person "advances gambling activity"
 when, acting other than as a player, [he] SUCH PERSON engages in conduct
 which materially aids  any  form  of  gambling  activity.  Such  conduct
 includes  but  is  not  limited  to  ACCOUNT SHARING OR PROXY BETTING AS
 DEFINED BY PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF SECTION THIRTEEN
 HUNDRED SIXTY-SEVEN-A OF THE RACING, PARI-MUTUEL WAGERING  AND  BREEDING
 LAW  ON  A  MOBILE  WAGERING  ACCOUNT,  AND  conduct directed toward the
 creation or establishment  of  the  particular  game,  contest,  scheme,
 device  or  activity  involved, toward the acquisition or maintenance of
 premises, paraphernalia, equipment or  apparatus  therefor,  toward  the
 solicitation or inducement of persons to participate therein, toward the
 actual  conduct of the playing phases thereof, toward the arrangement of
 any of its financial or recording phases, or toward any other  phase  of
 its  operation.  One advances gambling activity when, having substantial
 proprietary or other authoritative control over premises being used with
 [his] ONE'S knowledge for  purposes  of  gambling  activity,  [he]  SUCH
 PERSON  permits  such to occur or continue or makes no effort to prevent
 its occurrence or continuation.
   § 6. Subdivision 7 of section 225.00 of the penal law  is  amended  to
 read as follows:
   7.  "Gambling  device"  means  any  device,  machine, paraphernalia or
 equipment which is used or usable in the playing phases of any  gambling
 activity,  INCLUDING THOSE THAT PROVIDE ACCESS TO A MOBILE SPORTS WAGER-
 ING ACCOUNT, whether such activity consists of gambling between  persons
 or  gambling  by  a  person involving the playing of a machine. Notwith-
 standing the foregoing, lottery tickets, policy slips  and  other  items
 used  in the playing phases of lottery and policy schemes are not gambl-
 ing devices.
   § 7. This act shall take effect immediately.

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2025-A9584A (ACTIVE) - Details

Current Committee:: Senate Racing, Gaming And Wagering
Law Section:: Racing, Pari-Mutuel Wagering and Breeding Law
Laws Affected:: Add §1367-b, amd §§1367-a, 1367, RWB L

2025-A9584A (ACTIVE) - Summary

2025-A9584A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9584--A
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by M. of A. WOERNER, McDONALD, SHIMSKY, TAPIA, CLARK, DeSTE-
   FANO, K. BROWN, BENDETT, GLICK, STECK -- 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
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation  to enhancing know your customer requirements and responsible
   gaming procedures
 
   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 1367-b to read as follows:
   § 1367-B. KNOW YOUR CUSTOMER REQUIREMENTS FOR MOBILE  SPORTS  WAGERING
 LICENSEES.  1.  THE TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEAN-
 INGS AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED  SIXTY-
 SEVEN  AND  SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN-A OF
 THIS TITLE.  FOR THE PURPOSES OF THIS SECTION, SECTION THIRTEEN  HUNDRED
 SIXTY-SEVEN  AND  SECTION  THIRTEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AT-RISK SPORTS BETTOR" SHALL MEAN  AN  AUTHORIZED  SPORTS  BETTOR
 WHO,  FOLLOWING  COMPLETION  OF  A RISK ASSESSMENT CONDUCTED PURSUANT TO
 SUBDIVISION SEVEN OF THIS SECTION, HAS BEEN DETERMINED TO BE AT  SIGNIF-
 ICANT RISK OF GAMBLING-RELATED HARM AND IS DESIGNATED AS SUCH;
   (B)  "ACCOUNT  SHARING"  SHALL  MEAN  THE  USE OF AN AUTHORIZED SPORTS
 BETTOR'S ACCOUNT BY ANY PERSON OTHER THAN THE AUTHORIZED  SPORTS  BETTOR
 FOR WHOM SUCH ACCOUNT WAS CREATED;
   (C)  "ELEVATED-RISK SPORTS BETTOR" SHALL MEAN AN AT-RISK SPORTS BETTOR
 WHO, FOLLOWING COMPLETION OF A RISK  ASSESSMENT  CONDUCTED  PURSUANT  TO
 SUBDIVISION  SEVEN OF THIS SECTION, IS DETERMINED TO BE AT PERSISTENT OR
 ESCALATING RISK OF SIGNIFICANT GAMBLING-RELATED HARM;
   (D) "GAMBLING-RELATED  HARM"  SHALL  MEAN  SIGNIFICANT  PSYCHOLOGICAL,
 SELF-INFLICTED  PHYSICAL,  OCCUPATIONAL,  FINANCIAL, LEGAL, DOMESTIC, OR
 FAMILIAL HARM RESULTING FROM OR REASONABLY ATTRIBUTABLE TO  GAMBLING-RE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14473-05-6

 A. 9584--A                          2
 
 LATED  ACTIONS  OR  PATTERNS OF BEHAVIOR, INCLUDING PROBLEM GAMBLING AND
 GAMBLING ADDICTION;
   (E) "HIGH-RISK SPORTS BETTOR" SHALL MEAN AN AT-RISK SPORTS BETTOR WHO,
 FOLLOWING COMPLETION OF A RISK ASSESSMENT CONDUCTED PURSUANT TO SUBDIVI-
 SION SEVEN OF THIS SECTION, IS DETERMINED TO BE AT CHRONIC OR ACUTE RISK
 OF SEVERE OR IMMINENT GAMBLING-RELATED HARM;
   (F) "PROSPECTIVE SPORTS BETTOR" SHALL MEAN A PERSON SEEKING TO PARTIC-
 IPATE  IN MOBILE SPORTS WAGERING WHO HAS NOT BEEN VERIFIED AS AN AUTHOR-
 IZED SPORTS BETTOR;
   (G) "PROXY BETTING" SHALL MEAN AN AUTHORIZED SPORTS BETTOR  PLACING  A
 SPORTS WAGER ON BEHALF OF ANOTHER PERSON;
   (H)  "RESPONSIBLE  GAMING"  MEANS  POLICIES,  PROCEDURES, AND CONTROLS
 REASONABLY DESIGNED AND IMPLEMENTED TO PROMOTE INFORMED DECISION MAKING,
 IDENTIFY AND ASSESS RISK OF GAMBLING-RELATED  HARM,  AND  MITIGATE  SUCH
 HARM;
   (I)  "RISK ASSESSMENT" SHALL MEAN A DOCUMENTED, COMPREHENSIVE EXAMINA-
 TION OF THE NATURE, FREQUENCY, AND SEVERITY OF RISK FACTORS, BOTH  INDI-
 VIDUALLY AND IN COMBINATION, ASSOCIATED WITH AN AUTHORIZED SPORTS BETTOR
 TO  DETERMINE  WHETHER  SUCH  AUTHORIZED SPORTS BETTOR IS AT SIGNIFICANT
 RISK OF GAMBLING-RELATED HARM PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION; AND
   (J)  "RISK  FACTOR" SHALL MEAN BEHAVIORAL, TRANSACTIONAL, OR FINANCIAL
 PATTERNS THAT MAY REASONABLY INDICATE  RISK  OF  GAMBLING-RELATED  HARM,
 INCLUDING THOSE IDENTIFIED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
   2.  (A)  PRIOR  TO  ACTIVATING  AN ACCOUNT OR PERMITTING A PROSPECTIVE
 SPORTS BETTOR TO PLACE A SPORTS WAGER, A MOBILE SPORTS WAGERING LICENSEE
 SHALL REQUIRE SUCH PROSPECTIVE SPORTS BETTOR TO PROVIDE, AT  A  MINIMUM,
 THE FOLLOWING:
   (I) FULL LEGAL NAME;
   (II) PHYSICAL RESIDENTIAL ADDRESS, INCLUDING ZIP CODE;
   (III) DATE OF BIRTH;
   (IV)  THE  LAST  FOUR  DIGITS OF THE SOCIAL SECURITY NUMBER; PROVIDED,
 HOWEVER, THAT:  (A)  SUCH  PROSPECTIVE  SPORTS  BETTOR  MAY  VOLUNTARILY
 PROVIDE  THE  FULL  SOCIAL SECURITY NUMBER OR A DRIVER LICENSE NUMBER IN
 LIEU OF THE LAST FOUR DIGITS; OR (B) IF SUCH PROSPECTIVE  SPORTS  BETTOR
 DOES  NOT  POSSESS  A  SOCIAL  SECURITY  NUMBER, SUCH PROSPECTIVE SPORTS
 BETTOR  MAY  PROVIDE  AN  EQUIVALENT  GOVERNMENT-ISSUED   IDENTIFICATION
 NUMBER, SUCH AS A PASSPORT NUMBER OR TAXPAYER IDENTIFICATION NUMBER;
   (V) A VALID EMAIL ADDRESS;
   (VI) A VALID TELEPHONE NUMBER;
   (VII)  A  PHOTOGRAPH  OF  A  DRIVER LICENSE OR OTHER GOVERNMENT-ISSUED
 IDENTIFICATION CARD; AND
   (VIII) A LIVE PHOTOGRAPH.
   (B) ALL INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  SHALL  BE DIRECTLY AND AFFIRMATIVELY PROVIDED BY THE PROSPECTIVE
 SPORTS BETTOR. A MOBILE SPORTS WAGERING LICENSEE SHALL NOT PRE-POPULATE,
 AUTO-FILL, SUGGEST, DERIVE, OR OTHERWISE PRESENT SUCH REQUIRED  INFORMA-
 TION FOR CONFIRMATION OR SELECTION BY A PROSPECTIVE SPORTS BETTOR.
   (C)  A  MOBILE  SPORTS WAGERING LICENSEE SHALL REQUEST, ON A VOLUNTARY
 BASIS AND NOT AS A  CONDITION  OF  ACCOUNT  CREATION  OR  WAGERING,  THE
 FOLLOWING  INFORMATION,  WHICH  MAY  BE  USED IN AGGREGATE FORM ONLY FOR
 PURPOSES OF RESEARCH, REGULATORY OVERSIGHT, AND RESPONSIBLE GAMING ANAL-
 YSIS:
   (I) RACE AND ETHNICITY;
   (II) GENDER; AND
   (III) ESTIMATED ANNUAL INCOME.
 A. 9584--A                          3
 
   (D) NO ACCOUNT SHALL BE ACTIVATED AND NO SPORTS WAGER SHALL BE PERMIT-
 TED UNLESS THE MOBILE SPORTS WAGERING LICENSEE HAS VERIFIED THE IDENTITY
 OF THE PROSPECTIVE SPORTS BETTOR PURSUANT TO SUBDIVISION THREE  OF  THIS
 SECTION.
   (E)  PRIOR  TO  PLACING  AN INITIAL SPORTS WAGER, AN AUTHORIZED SPORTS
 BETTOR SHALL AFFIRMATIVELY ACKNOWLEDGE AND ATTEST,  AT  A  MINIMUM,  THE
 FOLLOWING:
   (I)  THE  INFORMATION  PROVIDED IN CONNECTION WITH THE CREATION OF THE
 ACCOUNT IS ACCURATE AND COMPLETE;
   (II) SUCH AUTHORIZED SPORTS BETTOR IS AT  LEAST  TWENTY-ONE  YEARS  OF
 AGE;
   (III) SUCH AUTHORIZED SPORTS BETTOR IS NOT A PROHIBITED SPORTS BETTOR;
   (IV)  ONLY  SUCH AUTHORIZED SPORTS BETTOR SHALL ACCESS THE ACCOUNT AND
 SUCH AUTHORIZED SPORTS BETTOR SHALL  NOT  PERMIT  ANY  OTHER  PERSON  TO
 ACCESS OR USE THE ACCOUNT OR ENGAGE IN ACCOUNT SHARING OR PROXY BETTING;
   (V)  THE  ACCOUNT  IS  THE  ONLY  MOBILE  SPORTS WAGERING ACCOUNT SUCH
 AUTHORIZED SPORTS BETTOR OWNS WITH THE PARTICULAR  SKIN  AND  THAT  SUCH
 ACCOUNT IS NOT TRANSFERABLE;
   (VI)  NO  SPORTS  WAGER  ON  THE ACCOUNT SHALL BE MADE BY COMPUTERIZED
 SOFTWARE OR OTHER AUTOMATED OR UNAUTHORIZED MECHANISMS; AND
   (VII) SUCH AUTHORIZED SPORTS BETTOR ACCEPTS THE TERMS  AND  CONDITIONS
 OF OPENING AN ACCOUNT AND AGREES TO COMPLY WITH APPLICABLE LAW.
   (F)  A  MOBILE  SPORTS  WAGERING  LICENSEE  SHALL PERMIT AN AUTHORIZED
 SPORTS BETTOR TO  PERMANENTLY  CLOSE  SUCH  AUTHORIZED  SPORTS  BETTOR'S
 ACCOUNT AT ANY TIME AND FOR ANY REASON.
   (I)  UPON  CLOSURE OF AN ACCOUNT, ANY FUNDS REMAINING IN SUCH ACCOUNT,
 LESS ANY AMOUNTS LAWFULLY WITHHELD PURSUANT TO THIS CHAPTER  OR  COMMIS-
 SION REGULATION, SHALL BE RETURNED TO THE AUTHORIZED SPORTS BETTOR WITH-
 OUT UNREASONABLE DELAY AND IN ACCORDANCE WITH COMMISSION REGULATION.
   (II)  A  MOBILE  SPORTS WAGERING LICENSEE SHALL NOT IMPOSE UNNECESSARY
 BARRIERS, CONDITIONS, OR DELAYS ON THE CLOSURE  OF  AN  ACCOUNT  OR  THE
 RETURN OF FUNDS.
   3.  (A) A MOBILE SPORTS WAGERING LICENSEE SHALL ESTABLISH AND MAINTAIN
 WRITTEN IDENTITY VERIFICATION PROCEDURES REASONABLY DESIGNED TO  FORM  A
 REASONABLE  BELIEF  THAT  SUCH MOBILE SPORTS WAGERING LICENSEE KNOWS THE
 TRUE IDENTITY OF EACH PROSPECTIVE SPORTS BETTOR PRIOR TO  ACTIVATING  AN
 ACCOUNT OR ACCEPTING SPORTS WAGERS FROM SUCH PROSPECTIVE SPORTS BETTOR.
   (B)  SUCH  IDENTITY VERIFICATION PROCEDURES SHALL: (I) BE INCORPORATED
 INTO THE MOBILE SPORTS WAGERING LICENSEE'S SYSTEM OF INTERNAL  CONTROLS;
 (II) ENSURE THAT NO PROHIBITED SPORTS BETTOR IS PERMITTED TO ACTIVATE OR
 ACCESS  AN  ACCOUNT  OR  PLACE SPORTS WAGERS; AND (III) INCLUDE MEASURES
 REASONABLY DESIGNED TO DETECT AND PREVENT  IDENTITY  THEFT,  FRAUD,  AND
 DUPLICATE OR OTHERWISE UNLAWFUL ACCOUNTS.
   (C)  SUCH  IDENTITY VERIFICATION PROCEDURES SHALL, AT A MINIMUM AND TO
 THE EXTENT REASONABLY PRACTICABLE, INCLUDE THE FOLLOWING:
   (I)  VERIFICATION  OF  THE  AUTHENTICITY  OF  IDENTIFYING  INFORMATION
 OBTAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION THROUGH ONE OR MORE
 INDEPENDENT  AND RELIABLE DATA SOURCES, INCLUDING COMMERCIALLY AVAILABLE
 FRAUD-DETECTION DATABASES, PUBLIC RECORDS, OR OTHER COMPARABLE SOURCES;
   (II) IDENTIFICATION OF MATERIAL DISCREPANCIES IN IDENTIFYING  INFORMA-
 TION  AND  DOCUMENTED  RESOLUTION OF SUCH DISCREPANCIES PRIOR TO ACCOUNT
 ACTIVATION;
   (III) PROVISION FOR VERIFICATION THROUGH DOCUMENTARY METHODS,  NON-DO-
 CUMENTARY METHODS, OR A COMBINATION THEREOF, AS APPROPRIATE; AND
   (IV) APPLICATION OF ENHANCED VERIFICATION PROCEDURES WHERE IDENTIFYING
 INFORMATION   IS  INCONSISTENT,  INCOMPLETE,  ASSOCIATED  WITH  MULTIPLE
 A. 9584--A                          4
 
 ACCOUNTS, OR OTHERWISE INDICATIVE OF AN  ELEVATED  THREAT  OF  FRAUD  OR
 UNLAWFUL ACTIVITY.
   (D)  THE  USE  OF  A  THIRD-PARTY SERVICE PROVIDER TO PERFORM IDENTITY
 VERIFICATION SHALL NOT RELIEVE A MOBILE SPORTS WAGERING LICENSEE OF  ITS
 RESPONSIBILITY TO COMPLY WITH THIS SUBDIVISION.
   (E)  WHERE  A MOBILE SPORTS WAGERING LICENSEE CANNOT FORM A REASONABLE
 BELIEF THAT IT KNOWS THE TRUE IDENTITY OF A PROSPECTIVE  SPORTS  BETTOR,
 SUCH  LICENSEE SHALL NOT ACTIVATE THE ACCOUNT OR PERMIT THE PLACEMENT OF
 SPORTS WAGERS AND SHALL TAKE SUCH FURTHER ACTION AS MAY BE  REQUIRED  BY
 THE COMMISSION.
   4.  (A) EACH AUTHORIZED SPORTS BETTOR SHALL BE REQUIRED TO USE A USER-
 NAME AND PASSWORD OR OTHER PRIMARY LOGIN CREDENTIAL,  TOGETHER  WITH  AT
 LEAST  ONE  ADDITIONAL AUTHENTICATION FACTOR THAT IS INDEPENDENT OF SUCH
 USERNAME AND PASSWORD OR OTHER PRIMARY LOGIN CREDENTIAL, TO VERIFY  SUCH
 AUTHORIZED  SPORTS BETTOR'S IDENTITY, WHICH SHALL INCLUDE ONE OR MORE OF
 THE FOLLOWING:
   (I) BIOMETRIC DATA, INCLUDING FINGERPRINT, FACIAL  OR  VOICE  RECOGNI-
 TION;
   (II)  AN  AUTHORIZATION CODE SENT BY PHONE CALL, TEXT MESSAGE OR EMAIL
 TO THE APPROPRIATE CONTACT INFORMATION PROVIDED AT THE  OPENING  OF  THE
 ACCOUNT;
   (III) KNOWLEDGE-BASED AUTHENTICATION METHODS, INCLUDING SECURITY QUES-
 TIONS, WHERE APPROVED BY THE COMMISSION;
   (IV) DEVICE-BASED AUTHENTICATION TIED TO A PREVIOUSLY VERIFIED DEVICE;
 OR
   (V) ANY OTHER AUTHORIZATION TYPES AS APPROVED BY THE COMMISSION.
   (B)  FOLLOWING SUCCESSFUL MULTI-FACTOR AUTHENTICATION, A MOBILE SPORTS
 WAGERING LICENSEE MAY PERMIT CONTINUED ACCESS TO THE SAME ACCOUNT ON THE
 SAME VERIFIED DEVICE WITHOUT  RE-AUTHENTICATION  FOR  A  PERIOD  NOT  TO
 EXCEED ONE HOUR.
   (C) NO SINGLE AUTHENTICATION FACTOR SHALL SATISFY BOTH THE PRIMARY AND
 ADDITIONAL AUTHENTICATION REQUIREMENTS OF THIS SUBDIVISION.
   (D)  A MOBILE SPORTS WAGERING LICENSEE SHALL PROMPTLY RE-VERIFY INFOR-
 MATION REQUIRED PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  TWO  OF  THIS
 SECTION  AFTER  SUCH  INFORMATION  IS  MODIFIED  AND  AS REQUIRED BY THE
 COMMISSION.
   (E) A MOBILE SPORTS WAGERING LICENSEE SHALL IMPLEMENT WRITTEN MONITOR-
 ING  PROCEDURES  REASONABLY  DESIGNED  TO  DETECT  SUSPICIOUS  ACTIVITY,
 ACCOUNT  COMPROMISE, FRAUD, ACCOUNT SHARING, PROXY BETTING, PLACEMENT OF
 A SPORTS WAGER BY A PROHIBITED SPORT BETTOR, OR OTHER UNLAWFUL ACTIVITY.
   (F) WHERE MONITORING CONDUCTED  PURSUANT  TO  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION IDENTIFIES ACTIVITY REASONABLY INDICATING A MATERIAL RISK OF
 ACCOUNT COMPROMISE, FRAUD, ACCOUNT SHARING, PROXY BETTING, THE PLACEMENT
 OF  A  SPORTS  WAGER  BY  A  PROHIBITED SPORTS BETTOR, OR OTHER UNLAWFUL
 ACTIVITY, THE MOBILE SPORTS WAGERING LICENSEE SHALL PROMPTLY SUSPEND THE
 AFFECTED ACCOUNT PENDING REVIEW. IF, FOLLOWING SUCH REVIEW,  THE  MOBILE
 SPORTS WAGERING LICENSEE DETERMINES THAT SUCH ACTIVITY IS LIKELY TO HAVE
 OCCURRED  OR  BE  OCCURRING,  THE  COMMISSION SHALL BE NOTIFIED, AND THE
 ACCOUNT SHALL REMAIN SUSPENDED UNTIL CORRECTIVE MEASURES REQUIRED PURSU-
 ANT TO COMMISSION REGULATION HAVE BEEN IMPLEMENTED.
   (G) IF A MOBILE SPORTS WAGERING LICENSEE OR THE COMMISSION  DETERMINES
 THAT  AN AUTHORIZED SPORTS BETTOR OR ANY OTHER PERSON HAS, IN CONNECTION
 WITH MOBILE SPORTS WAGERING, KNOWINGLY ENGAGED IN FRAUD,  ACCOUNT  SHAR-
 ING,  PROXY  BETTING, OR OTHER UNLAWFUL ACTIVITY, SUCH AUTHORIZED SPORTS
 BETTOR, AND ANY OTHER PERSON DETERMINED TO HAVE  KNOWINGLY  PARTICIPATED
 A. 9584--A                          5
 
 IN  SUCH  ACTIVITY,  MAY  BE  DESIGNATED  A  PROHIBITED SPORTS BETTOR IN
 ACCORDANCE WITH COMMISSION REGULATION.
   5.  (A)  A MOBILE SPORTS WAGERING LICENSEE SHALL ESTABLISH, IMPLEMENT,
 AND MAINTAIN WRITTEN RESPONSIBLE GAMING PROCEDURES  REASONABLY  DESIGNED
 TO  IDENTIFY,  ASSESS,  AND  MITIGATE  GAMBLING-RELATED  HARM, INCLUDING
 THROUGH RISK ASSESSMENTS CONDUCTED PURSUANT TO THIS SECTION.
   (B) SUCH PROCEDURES SHALL  BE  INCORPORATED  INTO  THE  MOBILE  SPORTS
 WAGERING LICENSEE'S SYSTEM OF INTERNAL CONTROLS AND SUBJECT TO REVIEW BY
 THE COMMISSION AND APPROVAL AS REQUIRED BY COMMISSION REGULATION.
   (C) EACH MOBILE SPORTS WAGERING LICENSEE SHALL DESIGNATE A RESPONSIBLE
 GAMING  LEAD  WHO  SHALL BE A SENIOR EMPLOYEE OR OFFICER WITH SUFFICIENT
 AUTHORITY AND RESOURCES TO IMPLEMENT, OVERSEE, AND ENFORCE  SUCH  MOBILE
 SPORTS WAGERING LICENSEE'S RESPONSIBLE GAMING PROCEDURES AND ENSURE THAT
 SUCH PROCEDURES COMPLY WITH THIS SECTION AND APPLICABLE COMMISSION REGU-
 LATIONS.
   (I)  SUCH  RESPONSIBLE  GAMING LEAD SHALL ENSURE THAT RISK ASSESSMENTS
 ARE CONDUCTED IN ACCORDANCE WITH THIS SECTION AND APPLICABLE  COMMISSION
 REGULATIONS.
   (II)  SUCH RESPONSIBLE GAMING LEAD SHALL OVERSEE DOCUMENTATION, RECORD
 RETENTION, INTERNAL REVIEW, AND REPORTING OBLIGATIONS PURSUANT  TO  THIS
 SECTION.
   (III) THE DESIGNATION OF A RESPONSIBLE GAMING LEAD SHALL NOT RELIEVE A
 MOBILE  SPORTS  WAGERING LICENSEE OF ULTIMATE RESPONSIBILITY FOR COMPLI-
 ANCE.
   (IV) THE  RESPONSIBLE  GAMING  LEAD  SHALL  PROVIDE  PERIODIC  WRITTEN
 REPORTS,  NO  LESS  THAN  ANNUALLY,  TO  SENIOR MANAGEMENT OF THE MOBILE
 SPORTS WAGERING LICENSEE REGARDING THE FOLLOWING:
   (A) THE EFFECTIVENESS OF RESPONSIBLE GAMING PROCEDURES;
   (B) TRENDS  IN  RISK  ASSESSMENTS  AND  RISK  DESIGNATIONS,  INCLUDING
 AT-RISK, ELEVATED-RISK, AND HIGH-RISK SPORTS BETTOR DESIGNATIONS;
   (C) RESPONSIBLE GAMING ACTIONS AND INTERVENTIONS UNDERTAKEN; AND
   (D)  RECOMMENDATIONS  FOR MODIFICATIONS OR IMPROVEMENTS TO RESPONSIBLE
 GAMING PROCEDURES.
   (V) SUCH REPORTS SHALL BE DOCUMENTED AND RETAINED IN  ACCORDANCE  WITH
 SUBDIVISION  EIGHT  OF THIS SECTION AND MADE AVAILABLE TO THE COMMISSION
 UPON REQUEST.
   (D) RESPONSIBLE GAMING PROCEDURES SHALL INCLUDE TRAINING FOR  RELEVANT
 EMPLOYEES  REGARDING  RISK  FACTORS, RISK ASSESSMENT, DOCUMENTATION, AND
 RESPONSIBLE GAMING  OBLIGATIONS  IN  ACCORDANCE  WITH  COMMISSION  REGU-
 LATIONS.
   (E)  RESPONSIBLE  GAMING  PROCEDURES  SHALL  INCLUDE PERIODIC INTERNAL
 REVIEW OF THE EFFECTIVENESS  OF  RISK  ASSESSMENTS,  RESPONSIBLE  GAMING
 ACTIONS  TAKEN  PURSUANT  TO  THIS  SECTION,  AND  OTHER  PROCEDURES  AS
 PRESCRIBED BY THE COMMISSION. SUCH REVIEW SHALL BE DOCUMENTED  AND  MADE
 AVAILABLE TO THE COMMISSION UPON REQUEST.
   6.  (A) RESPONSIBLE GAMING PROCEDURES SHALL INCLUDE ONGOING MONITORING
 AND DOCUMENTATION REASONABLY DESIGNED TO IDENTIFY RISK  FACTORS  ASSOCI-
 ATED  WITH AN AUTHORIZED SPORTS BETTOR, INCLUDING BUT NOT LIMITED TO THE
 FOLLOWING:
   (I) ESCALATION  IN  WAGER  SIZE  OR  LOSS  EXPOSURE,  OR  PATTERNS  OF
 SUSTAINED WAGERING LOSSES;
   (II)  INCREASES  IN  DEPOSIT  FREQUENCY OR AMOUNTS, INCLUDING RAPID OR
 REPEATED REDEPOSIT BEHAVIOR FOLLOWING LOSSES;
   (III) EXTENDED DURATION, HIGH-FREQUENCY, OR REPEATED LATE-NIGHT WAGER-
 ING SESSIONS, OR OTHER  PATTERNS  OF  INTENSIFIED  ENGAGEMENT  WITH  THE
 MOBILE SPORTS WAGERING PLATFORM;
 A. 9584--A                          6
 
   (IV)  FREQUENT  MODIFICATION  OR  REMOVAL  OF  DEPOSIT, WAGER, OR TIME
 LIMITS OR REVERSAL OF WITHDRAWALS FROM AN ACCOUNT;
   (V) REPEATED FAILED PAYMENT TRANSACTIONS OR OTHER INDICATORS OF FINAN-
 CIAL DISTRESS;
   (VI)  FREQUENT INTERACTIONS WITH RESPONSIBLE GAMING TOOLS OR RESOURCES
 THAT MAY INDICATE HEIGHTENED RISK; AND
   (VII) ANY OTHER RISK FACTOR ESTABLISHED BY REGULATION OF  THE  COMMIS-
 SION.
   (B)  THE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING GUIDANCE
 REGARDING THE IDENTIFICATION, WEIGHTING, AND EVALUATION OF RISK  FACTORS
 CONSISTENT WITH THIS SECTION.
   7.  (A)  RESPONSIBLE GAMING PROCEDURES SHALL INCLUDE A DOCUMENTED RISK
 ASSESSMENT CONDUCTED WHEN RISK FACTORS, INDIVIDUALLY OR IN  COMBINATION,
 REACH  OBJECTIVE,  EVIDENCE-BASED  THRESHOLDS  ESTABLISHED  PURSUANT  TO
 COMMISSION REGULATION, WHICH MAY BE QUALITATIVE, QUANTITATIVE, OR  BOTH,
 AND  REASONABLY  INDICATE THAT AN AUTHORIZED SPORTS BETTOR IS AT SIGNIF-
 ICANT RISK OF GAMBLING-RELATED HARM.
   (I) SUCH REVIEW SHALL EVALUATE THE NATURE, FREQUENCY, AND SEVERITY  OF
 THE RISK FACTORS.
   (II)  THE  RESULTS  OF SUCH REVIEW SHALL BE DOCUMENTED AND RETAINED IN
 ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION.
   (B) IF, FOLLOWING COMPLETION OF A RISK ASSESSMENT  CONDUCTED  PURSUANT
 TO  PARAGRAPH (A) OF THIS SUBDIVISION, A MOBILE SPORTS WAGERING LICENSEE
 DETERMINES THAT AN AUTHORIZED SPORTS BETTOR IS AT  SIGNIFICANT  RISK  OF
 GAMBLING-RELATED HARM, SUCH AUTHORIZED SPORTS BETTOR SHALL BE DESIGNATED
 AS AN AT-RISK SPORTS BETTOR.
   (C)  THE  COMMISSION  SHALL  ESTABLISH  ADDITIONAL CRITERIA, INCLUDING
 OBJECTIVE, EVIDENCE-BASED THRESHOLDS, TO DETERMINE  WHETHER  AN  AT-RISK
 SPORTS BETTOR QUALIFIES AS AN ELEVATED-RISK OR HIGH-RISK SPORTS BETTOR.
   (D)  A  PRIOR  RISK  ASSESSMENT  OR  RISK DESIGNATION OF AN AUTHORIZED
 SPORTS BETTOR SHALL NOT RELIEVE A MOBILE SPORTS WAGERING LICENSEE OF ITS
 OBLIGATION TO CONTINUE MONITORING SUCH AUTHORIZED SPORTS BETTOR PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION OR TO CONDUCT SUBSEQUENT RISK ASSESS-
 MENTS WHERE SUCH MONITORING IDENTIFIES RISK FACTORS THAT MEET OR  EXCEED
 OBJECTIVE,  EVIDENCE-BASED THRESHOLDS ESTABLISHED PURSUANT TO COMMISSION
 REGULATION. RISK ASSESSMENTS SHALL BE CONDUCTED ON AN ONGOING  BASIS  AS
 WARRANTED  BY  SUCH  MONITORING AND MAY RESULT IN THE MAINTENANCE, ESCA-
 LATION, OR REDUCTION OF AN AUTHORIZED SPORTS BETTOR'S RISK DESIGNATION.
   8. (A) A MOBILE SPORTS WAGERING LICENSEE SHALL DOCUMENT, IN  A  MANNER
 SUFFICIENT  TO  DEMONSTRATE  COMPLIANCE WITH THIS SECTION AND APPLICABLE
 COMMISSION REGULATIONS, THE FOLLOWING:
   (I) SUSPICIOUS ACTIVITY ASSOCIATED WITH AN ACCOUNT, SUCH AS INDICATORS
 OF ACCOUNT SHARING, PROXY BETTING, FRAUD, OR OTHERWISE  UNLAWFUL  ACTIV-
 ITY, INCLUDING THE INVESTIGATION AND DISPOSITION OF SUCH ACTIVITY;
   (II)  DOCUMENTATION  RELATING  TO IDENTITY VERIFICATION PROCEDURES AND
 RESOLUTION OF  DISCREPANCIES  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
 SECTION;
   (III)  DOCUMENTATION  OF  RE-VERIFICATION  ACTIONS  TAKEN  PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION;
   (IV) DOCUMENTATION OF PERIODIC INTERNAL REVIEWS CONDUCTED PURSUANT  TO
 SUBDIVISION FIVE OF THIS SECTION;
   (V) DOCUMENTATION OF REPORTS PROVIDED TO SENIOR MANAGEMENT PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION;
   (VI)  RISK  FACTORS  IDENTIFIED  PURSUANT  TO  SUBDIVISION SIX OF THIS
 SECTION ASSOCIATED WITH AUTHORIZED SPORTS BETTORS;
 A. 9584--A                          7
 
   (VII) RISK ASSESSMENTS CONDUCTED PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION;
   (VIII)  DETERMINATIONS  REGARDING  WHETHER AN AUTHORIZED SPORTS BETTOR
 QUALIFIES AS AN AT-RISK SPORTS BETTOR, ELEVATED-RISK SPORTS  BETTOR,  OR
 HIGH-RISK SPORTS BETTOR;
   (IX)  ANY  RESPONSIBLE  GAMING  ACTIONS  AND  INTERVENTIONS  TAKEN  IN
 RESPONSE TO SUCH DETERMINATIONS; AND
   (X) OTHER  INFORMATION  REQUIRED  PURSUANT  TO  COMMISSION  REGULATION
 CONSISTENT WITH THIS SECTION.
   (B)  THE  RESPONSIBLE  GAMING  LEAD  SHALL  ESTABLISH AND PERIODICALLY
 UPDATE A LIST OF AT-RISK SPORTS BETTORS, WHICH SHALL BE PROVIDED TO  THE
 COMMISSION UPON REQUEST.
   (I)  AN AT-RISK SPORTS BETTOR MAY BE REMOVED FROM SUCH LIST IF, PURSU-
 ANT TO A SUBSEQUENT RISK ASSESSMENT CONDUCTED IN  ACCORDANCE  WITH  THIS
 SECTION, SUCH AUTHORIZED SPORTS BETTOR IS DETERMINED TO NO LONGER QUALI-
 FY AS AN AT-RISK SPORTS BETTOR.
   (II) IF AN AUTHORIZED SPORTS BETTOR MEETS OR EXCEEDS THRESHOLDS ESTAB-
 LISHED  PURSUANT  TO  COMMISSION  REGULATIONS UNDER SUBDIVISION SEVEN OF
 THIS SECTION THAT TRIGGER A RISK ASSESSMENT AND IS  SUBSEQUENTLY  DETER-
 MINED  NOT  TO  QUALIFY AS AN AT-RISK SPORTS BETTOR, THE DOCUMENTED RISK
 ASSESSMENT SHALL INCLUDE THE SPECIFIC REASONS FOR SUCH DETERMINATION.
   (C) ALL RECORDS REQUIRED PURSUANT TO THIS SECTION  SHALL  BE  RETAINED
 FOR  NOT  LESS THAN FIVE YEARS, OR SUCH LONGER PERIOD AS MAY BE REQUIRED
 BY REGULATIONS PROMULGATED BY THE  COMMISSION,  EXCEPT  AS  PROVIDED  IN
 PARAGRAPH (C) OF SUBDIVISION NINE OF THIS SECTION.
   (D)  THE  COMMISSION  MAY REQUIRE PERIODIC REPORTING, IN ANONYMIZED OR
 AGGREGATED FORM, REGARDING DEMOGRAPHIC INFORMATION, RISK  FACTORS,  RISK
 ASSESSMENTS,  RESPONSIBLE  GAMING ACTIONS AND INTERVENTIONS, AND RELATED
 OUTCOMES FOR THE PURPOSE OF:
   (I) EVALUATING COMPLIANCE WITH THIS SECTION AND APPLICABLE  COMMISSION
 REGULATIONS;
   (II) ASSESSING THE EFFECTIVENESS OF RESPONSIBLE GAMING PROCEDURES; AND
   (III)  INFORMING  PUBLIC  POLICY  DEVELOPMENT RELATED TO MOBILE SPORTS
 WAGERING, RESPONSIBLE GAMING, AND GAMBLING-RELATED HARM.
   (E) NO PERSONALLY IDENTIFIABLE INFORMATION COLLECTED PURSUANT TO  THIS
 SECTION SHALL BE DISCLOSED UNLESS OTHERWISE REQUIRED BY LAW.
   (F)  THE  COMMISSION  MAY AUDIT COMPLIANCE WITH THIS SECTION AND REGU-
 LATIONS PROMULGATED HEREUNDER.
   (G) NOTHING IN THIS SECTION SHALL REQUIRE  A  MOBILE  SPORTS  WAGERING
 LICENSEE  TO VERIFY AN AUTHORIZED OR PROSPECTIVE SPORTS BETTOR'S INCOME,
 ASSETS, OR CREDIT HISTORY.
   (H) THE COMMISSION SHALL PROMULGATE REGULATIONS  ESTABLISHING  MINIMUM
 STANDARDS  FOR DOCUMENTATION, RECORD RETENTION, TESTING, AND AUDITING OF
 RESPONSIBLE GAMING PROCEDURES REQUIRED PURSUANT TO THIS SECTION.
   9. (A) NO MOBILE SPORTS WAGERING LICENSEE SHALL SELL, SHARE OR  OTHER-
 WISE  ALLOW THIRD-PARTY ACCESS TO CONSUMER DATA REQUIRED TO BE COLLECTED
 BY THIS SECTION WITH THIRD PARTIES UNLESS SUCH  SELLING  OR  SHARING  IS
 STRICTLY NECESSARY TO PROVIDE, MAINTAIN, IMPROVE, OR UPDATE THE SERVICES
 REQUESTED BY AN AUTHORIZED SPORTS BETTOR, TO COMPLY WITH APPLICABLE LAW,
 OR AS OTHERWISE REQUIRED BY THIS SECTION OR COMMISSION REGULATION.
   (B)  UPON  RECEIPT  OF  A VERIFIABLE REQUEST FROM AN AUTHORIZED SPORTS
 BETTOR, A MOBILE SPORTS WAGERING LICENSEE SHALL,  WITHOUT  UNDUE  DELAY,
 MAKE  AVAILABLE  A  COPY  OF  ALL  CONSUMER DATA THAT SUCH MOBILE SPORTS
 WAGERING LICENSEE HAS COLLECTED  ABOUT  SUCH  AUTHORIZED  SPORTS  BETTOR
 PURSUANT TO THIS SECTION.
 A. 9584--A                          8
 
   (C)  UPON  THE DELETION OF AN AUTHORIZED SPORTS BETTOR'S ACCOUNT, SUCH
 AUTHORIZED SPORTS BETTOR MAY REQUEST THAT  THE  MOBILE  SPORTS  WAGERING
 LICENSEE DELETE ALL CONSUMER DATA THAT THE MOBILE SPORTS WAGERING LICEN-
 SEE HAS COLLECTED ABOUT SUCH AUTHORIZED SPORTS BETTOR.
   (I)  UPON  RECEIVING SUCH REQUEST, THE MOBILE SPORTS WAGERING LICENSEE
 SHALL DELETE ALL SUCH CONSUMER DATA WITHIN THIRTY DAYS AND PROVIDE  SUCH
 AUTHORIZED  SPORTS  BETTOR WITH CONFIRMATION THAT ALL SUCH CONSUMER DATA
 HAS BEEN DELETED.
   (II) NOTWITHSTANDING SUBDIVISION EIGHT OF THIS SECTION  OR  ANY  OTHER
 PROVISION  OF STATE LAW RELATING SOLELY TO RECORD RETENTION REQUIREMENTS
 OF THIS SECTION, THE  DELETION  REQUIREMENTS  OF  THIS  PARAGRAPH  SHALL
 CONTROL.
   (III)  A  MOBILE  SPORTS  WAGERING  LICENSEE  SHALL NOT BE REQUIRED TO
 COMPLY WITH THE DELETION REQUIREMENTS OF THIS PARAGRAPH  TO  THE  EXTENT
 THAT RETAINING SUCH CONSUMER DATA IS REQUIRED BY FEDERAL LAW, A JUDICIAL
 ORDER, OR AN ONGOING REGULATORY INVESTIGATION OR ENFORCEMENT ACTION.
   (D) EACH MOBILE SPORTS WAGERING LICENSEE SHALL DEVELOP, IMPLEMENT, AND
 MAINTAIN  REASONABLE  ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS
 TO PROTECT CONSUMER DATA AGAINST UNAUTHORIZED ACCESS, DISCLOSURE, ALTER-
 ATION, OR DESTRUCTION,  CONSISTENT  WITH  COMMISSION  REGULATIONS.  SUCH
 SAFEGUARDS  SHALL  BE APPROPRIATE TO THE NATURE AND SCOPE OF SUCH MOBILE
 SPORTS WAGERING LICENSEE'S ACTIVITIES AND THE SENSITIVITY OF THE CONSUM-
 ER DATA COLLECTED.
   10. (A) THE COMMISSION SHALL PROMULGATE SUCH RULES AND REGULATIONS  AS
 ARE  NECESSARY  AND  APPROPRIATE TO IMPLEMENT, MAINTAIN, AND ENFORCE THE
 PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES AND REGU-
 LATIONS:
   (I) ESTABLISHING STANDARDS  GOVERNING  ACCOUNT  CREATION  AND  CLOSURE
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION;
   (II)  ESTABLISHING  MINIMUM STANDARDS FOR IDENTITY VERIFICATION PROCE-
 DURES PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
   (III) ESTABLISHING STANDARDS FOR MULTI-FACTOR AUTHENTICATION AND ONGO-
 ING VERIFICATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION;
   (IV) GOVERNING THE REVIEW AND APPROVAL OF  RESPONSIBLE  GAMING  PROCE-
 DURES PURSUANT TO SUBDIVISION FIVE OF THIS SECTION;
   (V)  ESTABLISHING GUIDANCE AND REQUIREMENTS CONCERNING THE IDENTIFICA-
 TION, WEIGHTING, EVALUATION, AND DOCUMENTATION OF RISK FACTORS  PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION;
   (VI)  ESTABLISHING OBJECTIVE, EVIDENCE-BASED THRESHOLDS AND ADDITIONAL
 CRITERIA FOR RISK ASSESSMENTS PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION;
   (VII)  ESTABLISHING  DOCUMENTATION, RECORD RETENTION, REPORTING, TEST-
 ING, AND AUDITING REQUIREMENTS PURSUANT TO  SUBDIVISION  EIGHT  OF  THIS
 SECTION; AND
   (VIII)  ESTABLISHING STANDARDS FOR DATA SECURITY AND SAFEGUARDS PURSU-
 ANT TO THIS SUBDIVISION.
   (B) IN ADDITION TO ANY OTHER AUTHORITY PROVIDED BY LAW, THE COMMISSION
 MAY:
   (I) CONDUCT EXAMINATIONS, INVESTIGATIONS, AND AUDITS OF MOBILE  SPORTS
 WAGERING  LICENSEES  TO DETERMINE COMPLIANCE WITH THIS SECTION AND REGU-
 LATIONS PROMULGATED PURSUANT TO THIS SECTION;
   (II) REQUIRE THE SUBMISSION OF RECORDS, REPORTS, OR OTHER  INFORMATION
 NECESSARY TO EVALUATE COMPLIANCE;
   (III) ISSUE WRITTEN FINDINGS OF DEFICIENCY;
   (IV)  REQUIRE  CORRECTIVE  ACTION  PLANS WITHIN SUCH TIMEFRAMES AS THE
 COMMISSION MAY PRESCRIBE; AND
 A. 9584--A                          9
 
   (V) ORDER THE SUSPENSION OR MODIFICATION OF PRACTICES FOUND TO  BE  IN
 VIOLATION OF THIS SECTION OR COMMISSION REGULATION.
   (C) A VIOLATION OF THIS SECTION OR REGULATIONS PROMULGATED PURSUANT TO
 THIS  SECTION  SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER AND SHALL BE
 SUBJECT TO CIVIL PENALTIES, LICENSE CONDITIONS, SUSPENSION,  REVOCATION,
 OR  OTHER DISCIPLINARY ACTION AS AUTHORIZED UNDER THIS CHAPTER AND REGU-
 LATIONS OF THE COMMISSION.
   (D) IN DETERMINING THE APPROPRIATE ENFORCEMENT ACTION OR PENALTY,  THE
 COMMISSION MAY CONSIDER:
   (I) THE NATURE AND SEVERITY OF THE VIOLATION;
   (II) WHETHER THE VIOLATION WAS KNOWING, RECKLESS, OR NEGLIGENT;
   (III) THE DURATION AND FREQUENCY OF THE VIOLATION;
   (IV)   THE   MOBILE   SPORTS  WAGERING  LICENSEE'S  HISTORY  OF  PRIOR
 VIOLATIONS;
   (V) THE DEGREE OF HARM OR RISK OF HARM TO AUTHORIZED  SPORTS  BETTORS;
 AND
   (VI)  THE MOBILE SPORTS WAGERING LICENSEE'S COOPERATION AND CORRECTIVE
 EFFORTS.
   (E) NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  LIMIT  ANY  OTHER
 AUTHORITY OF THE COMMISSION UNDER THIS CHAPTER OR OTHER APPLICABLE LAW.
   (F)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO CREATE A PRIVATE
 RIGHT OF ACTION.
   § 2. Subparagraph (xv) 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:
   (xv) submit annually a problem gaming plan that was  approved  by  the
 commission  in  consultation  with  the office of addiction services and
 supports that includes: the objectives of and timetables for  implement-
 ing the plan; identification of the persons responsible for implementing
 and   maintaining  the  plan;  procedures  for  identifying  users  with
 suspected or known problem gaming  behavior;  procedures  for  providing
 information  to  users  concerning  problem  gaming  identification  and
 resources; procedures to prevent  gaming  by  minors  and  self-excluded
 persons; and such other problem gaming information as the commission may
 require  by  rule; PROVIDED FURTHER, THAT SUCH PROBLEM GAMING PLAN SHALL
 INCLUDE RESPONSIBLE  GAMING  PROCEDURES  PURSUANT  TO  SECTION  THIRTEEN
 HUNDRED SIXTY-SEVEN-B OF THIS TITLE.
   §  3.  The  opening  paragraph 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, is amended to read as
 follows:
   As used in this section [and in], section thirteen hundred  sixty-sev-
 en-a, AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN-B of this title:
   §  4.  Paragraph (a) of subdivision 1 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:
   (a)  Except as provided in this subdivision, the terms in this section
 shall have the same meanings as such terms are  defined  in  subdivision
 one  of  section  thirteen  hundred  sixty-seven  AND SUBDIVISION ONE OF
 SECTION THIRTEEN HUNDRED SIXTY-SEVEN-B of this title.
   § 5. Subdivision 8 of section 1367 of the racing, pari-mutuel wagering
 and breeding law, as amended by section 1 of part OO of  chapter  59  of
 the laws of 2025, is amended to read as follows:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile  sports  wagering  gross  gaming revenue and tax revenue shall be
 A. 9584--A                         10
 
 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; PROVIDED, HOWEVER, THAT
 PENALTIES LEVIED AGAINST MOBILE SPORTS WAGERING LICENSEES FOR VIOLATIONS
 OF PROBLEM GAMING PLAN REQUIREMENTS  PURSUANT  TO  SUBDIVISION  FOUR  OF
 SECTION  ONE  THOUSAND  THREE  HUNDRED  SIXTY-SEVEN-A  OF THIS TITLE AND
 RESPONSIBLE GAMING PROCEDURES PURSUANT TO  SECTION  ONE  THOUSAND  THREE
 HUNDRED  SIXTY-SEVEN-B OF THIS TITLE SHALL BE DEPOSITED AS FOLLOWS: ONE-
 THIRD TO THE STATE LOTTERY FUND  FOR  EDUCATION  AID;  ONE-THIRD  TO  BE
 COLLECTED  BY  THE  COMMISSION  AND DEPOSITED INTO THE COMMERCIAL GAMING
 REVENUE FUND, ESTABLISHED IN  SECTION  NINETY-SEVEN-NNNN   OF THE  STATE
 FINANCE LAW, TO BE DISTRIBUTED FOR PROBLEM GAMBLING EDUCATION AND TREAT-
 MENT  PURPOSES  PURSUANT  TO  PARAGRAPH  A OF   SUBDIVISION FOUR OF SUCH
 SECTION; AND ONE-THIRD SHALL BE  RETAINED  BY  THE  COMMISSION  FOR  THE
 ADMINISTRATION AND ENFORCEMENT OF SUCH PROBLEM GAMING PLAN AND RESPONSI-
 BLE  GAMING  PROCEDURE REQUIREMENTS. 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.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Assembly Bill A9584A

Sponsored By

Current Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

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co-Sponsors

2025-A9584 - Details

2025-A9584 - Summary

2025-A9584 - Bill Text download pdf

co-Sponsors

2025-A9584A (ACTIVE) - Details

2025-A9584A (ACTIVE) - Summary

2025-A9584A (ACTIVE) - Bill Text download pdf

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Sponsored By

WOERNER

Current Bill Status - In Senate Committee Racing, Gaming And Wagering Committee

Actions

Bill Amendments

co-Sponsors

John T. McDonald III

MaryJane Shimsky

Yudelka Tapia

Sarah Clark

2025-A9584 - Details

2025-A9584 - Summary

2025-A9584 - Bill Text download pdf

co-Sponsors

John T. McDonald III

MaryJane Shimsky

Yudelka Tapia

Sarah Clark

2025-A9584A (ACTIVE) - Details

2025-A9584A (ACTIVE) - Summary

2025-A9584A (ACTIVE) - Bill Text download pdf

Comments