NY State Senate Bill 2025-S10069

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
Apr 27, 2026	referred to racing, gaming and wagering

2025-S10069 (ACTIVE) - Details

See Assembly Version of this Bill:: A9584
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-S10069 (ACTIVE) - 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-S10069 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S10069

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to enhancing know your customer requirements and responsible
gaming procedures

 
PURPOSE:

The purpose of this bill is to strengthen consumer protections in mobile
sports wagering by enhancing identity verification and account security
safeguards to prevent unauthorized access, fraud, and underage gambling
and by establishing comprehensive responsible gaming procedure require-
ments to identify, assess, and address problem gambling and gambling-re-
lated harm.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 1367-b to the racing, pari-mutuel wagering
and breeding law enhancing identify verification and monitoring and

establishing comprehensive responsible gaming procedure requirements.

Subdivision 1 is definitions for the purposes of this section, section
1367, and section 1367-a of this title.

Subdivision 2: Account creation

-Requires enhanced identity verification prior to account activation,
including submission of identifying information, government-issued iden-
tification, and a live photograph to confirm the bettor's identity;

-Prohibits auto-population or pre-filling of required identifying infor-
mation;

-Requires identity verification and affirmative attestations before
sports wagers can be placed;

-Requires MSW licensees to allow account closure at any time and return
funds without unnecessary delays or barriers; and

-Allows voluntary collection of demographic and income information sole-
ly for research and regulatory oversight purposes.

Subdivision 3: Identity Verification

-Requires MSW licensees to establish written identity-verification
procedures and incorporate them into internal controls;

-Requires verification of identifying information through independent
and reliable data sources;

-Requires enhanced verification procedures where identifying information
presents elevated fraud or unlawful activity risk;

-Prohibits account activation or wagering where the MSW licensee cannot
reasonably verify the bettor's identity

Subdivision 4: Ongoing Monitoring and Authentication

-Requires multi-factor authentication for account access; Limits contin-
ued access without re-authentication to one hour on the same verified
device;

-Requires re-verification of identifying information when modified;
Requires written monitoring procedures to detect suspicious activity,
including fraud, account compromise, account sharing, proxy betting, and
wagers placed by prohibited sports bettors;

-Requires prompt suspension and internal review when monitoring identi-
fies material risk of unlawful activity; and

-Authorizes designation of individuals who knowingly engage in fraud,
account sharing, proxy betting, or other unlawful activity as prohibited
sports bettors.

Subdivision 5: Responsible Gaming

-Requires MSW licensees to establish and maintain written responsible
gaming procedures designed to identify, assess, and address gambling-re-
lated harm as part of internal controls;

-Requires designation of a senior responsible gaming lead with suffi-
cient authority and resources to oversee compliance, risk assessments,
documentation, and reporting;

-Requires periodic written reports to senior management, including
trends in at-risk, elevated-risk, and high-risk designations, inter-
ventions undertaken, and recommended improvements;

-Requires employee training on risk factors, risk assessments, and
responsible gaming obligations; and

-Requires periodic internal review of responsible gaming procedures and
risk assessment effectiveness with documentation available to the Gaming
Commission.

Subdivision 6: Risk Factors

-Requires ongoing monitoring and documentation to identify risk factors
associated with authorized sports bettors;

-Identifies key behavioral and financial risk indicators, including
escalating wager size or losses, increased deposit activity, high-fre-
quency or late-night wagering, frequent limit changes or withdrawal
reversals, failed payment transactions, and repeated interaction with
responsible gaming tools;

-Authorizes the Gaming Commission to establish additional risk factors
by regulation; and

-Requires the Gaming Commission to promulgate regulations governing the
identification, weighting, and evaluation of risk factors.

Subdivision 7: Risk Assessments and Designations

-Requires documented risk assessments when objective, evidence-based
thresholds are met, and risk factors reasonably indicate significant
risk of gambling-related harm;

-Requires risk assessments to evaluate the nature, frequency, and sever-
ity of risk factors, and to document and retain findings;

-Requires designation of an authorized sports bettor as an at-risk
sports bettor when significant risk is identified;

-Requires the Commission to establish additional criteria and thresholds
for elevated-risk and high-risk designations; and

-Requires ongoing monitoring and subsequent risk assessments where
warranted, and authorizes maintenance, escalation, or reduction of a
bettor's risk designation based on updated findings.

Subdivision 8: Documentation and Reporting

-Requires MSW licensees to document suspicious activity, identity
verification actions, re-verification efforts, risk factors, risk
assessments, risk designations, and responsible gaming interventions;

-Requires the responsible gaming lead to maintain and update a list of
at-risk sports bettors, subject to Gaming Commission review, and to
document reasons when a risk assessment does not result in an "at-risk"
designation;

-Requires retention of records for at least five years;

-Authorizes the Commission to require anonymized or aggregated reporting
to evaluate compliance, assess responsible gaming effectiveness, and
inform public policy;

-Protects personally identifiable information from disclosure, except as
required by law;

-Authorizes Gaming Commission audits and regulatory standards for
documentation, record retention, testing, and auditing; and

Subdivision 9: Data Privacy

-Prohibits the sale or sharing of consumer data collected under this
section, except where strictly necessary to provide services, comply
with law, or as required by Commission regulation;

-Requires MSW licensees to provide authorized sports bettors, upon veri-
fiable request, with a copy of their collected consumer data without
undue delay;

-Requires deletion of consumer data upon account closure and request,
within thirty days, subject to limited exceptions for federal law, judi-
cial orders, or ongoing investigations;

-Provides that deletion requirements supersede record retention
provisions in this section, except where retention is otherwise legally
required;

-Requires MSW licensees to implement reasonable administrative, techni-
cal, and physical safeguards to protect consumer data.

Subdivision 10: Regulation and Enforcement

-Requires the Commission to promulgate regulations necessary to imple-
ment and enforce the section, including standards governing account
creation and closure, identity verification, authentication, responsible
gaming procedures, risk assessments, documentation, and data security;

-Authorizes the Commission to conduct examinations, investigations, and
audits, require records and reports, issue findings of deficiency,
mandate corrective action plans, and order suspension or modification of
noncompliant practices;

-Authorizes civil penalties, license conditions, suspension, revocation,
or other disciplinary action for violations and authorizes the Gaming
Commission to consider severity, intent, duration, harm, compliance
history, and corrective efforts when determining penalties; and

-Clarifies that the section does not limit other Commission authority
and does not create a private right of action

Section 2: Amends subparagraph (xv) of paragraph (a) of subdivision 4 of
section 1367-a of the racing, pari-mutuel wagering and breeding law to
include responsible gaming procedure requirements established in new
section 1367-b as part of a MSW licensee's problem gaming plan.

Sections 3 and 4: Amends sections 1367 and 1367-a of the racing, pari-
mutuel wagering and breeding law to make definitions consistent among
these sections and new section 1367-b.

Section 5: Establishes that funding from penalties associated with prob-
lem gaming plan and responsible gaming procedure requirements shall be
directed in equal parts to education, problem gambling treatment, and
the Gaming Commission for enforcement purposes.

Section 6: Effective date.

 
JUSTIFICATION:

Mobile sports wagering has expanded rapidly, offering convenience and
accessibility to millions of adults. However, that same accessibility
creates risks when existing safeguards are intentionally bypassed.
According to the NCAA's 2023 Sports Wagering Survey, 58% of 18- to
22-year-olds have engaged in at least one sports betting activity.
Account sharing and proxy betting are amongst the most common ways
minors gain access to gambling platforms, despite statutory age
restrictions. This exposes minors to harms including early exposure to
gambling behaviors, which research shows increases the risk of future
gambling addiction and gambling-related harm.

Problem gambling has increased in prevalence in recent years, coinciding
with the rapid expansion and 24/7 accessibility of mobile sports wager-
ing platforms. The ease of account creation, instant deposits, high-fre-
quency wagering, and targeted digital marketing have lowered barriers to
participation while increasing exposure to gambling-related harm,
particularly among young adults and vulnerable populations.  This bill
responds by strengthening identity verification and account integrity
safeguards, requiring ongoing monitoring of behavioral risk factors,
mandating evidence-based risk assessments, and establishing structured
responsible gaming procedures overseen by senior compliance officials
and the Gaming Commission. By combining enhanced know-yourcustomer
protections with data-driven risk detection, the bill seeks to reduce
gambling-related harm while preserving lawful access to mobile sports
wagering.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S10069 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10069
 
                             I N  S E N A T E
 
                              April 27, 2026
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Racing, Gaming and  Wager-
   ing
 
 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-
 LATED ACTIONS OR PATTERNS OF BEHAVIOR, INCLUDING  PROBLEM  GAMBLING  AND
 GAMBLING ADDICTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14473-06-6

 S. 10069                            2
 
   (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.
   (D) NO ACCOUNT SHALL BE ACTIVATED AND NO SPORTS WAGER SHALL BE PERMIT-
 TED UNLESS THE MOBILE SPORTS WAGERING LICENSEE HAS VERIFIED THE IDENTITY
 S. 10069                            3
 
 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
 ACCOUNTS, OR OTHERWISE INDICATIVE OF AN  ELEVATED  THREAT  OF  FRAUD  OR
 UNLAWFUL ACTIVITY.
 S. 10069                            4
 
   (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
 IN  SUCH  ACTIVITY,  MAY  BE  DESIGNATED  A  PROHIBITED SPORTS BETTOR IN
 ACCORDANCE WITH COMMISSION REGULATION.
 S. 10069                            5
 
   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;
   (IV) FREQUENT MODIFICATION OR  REMOVAL  OF  DEPOSIT,  WAGER,  OR  TIME
 LIMITS OR REVERSAL OF WITHDRAWALS FROM AN ACCOUNT;
 S. 10069                            6
 
   (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;
   (VII) RISK ASSESSMENTS CONDUCTED PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION;
 S. 10069                            7
 
   (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.
   (C)  UPON  THE DELETION OF AN AUTHORIZED SPORTS BETTOR'S ACCOUNT, SUCH
 AUTHORIZED SPORTS BETTOR MAY REQUEST THAT  THE  MOBILE  SPORTS  WAGERING
 S. 10069                            8
 
 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
   (V) ORDER THE SUSPENSION OR MODIFICATION OF PRACTICES FOUND TO  BE  IN
 VIOLATION OF THIS SECTION OR COMMISSION REGULATION.
 S. 10069                            9
 
   (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
 excluded  from  sports  wagering  gross  gaming revenue and tax revenue.
 Mobile sports wagering tax revenue shall be  separately  maintained  and
 S. 10069                           10
 
 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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Senate Bill S10069

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

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2025-S10069 (ACTIVE) - Summary

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Sponsored By

Joseph P. Addabbo Jr.

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

Actions

2025-S10069 (ACTIVE) - Details

2025-S10069 (ACTIVE) - Summary

2025-S10069 (ACTIVE) - Sponsor Memo

2025-S10069 (ACTIVE) - Bill Text download pdf

Comments