Senate Bill S10091

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10091
 
                             I N  S E N A T E
 
                              April 28, 2026
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   "protecting our kids from gamification of gambling act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "protecting our kids from gamification of gambling act".
   §  2. The general business law is amended by adding a new section 396-
 kkk to read as follows:
   § 396-KKK. UNLAWFUL ONLINE GAMING-RELATED GAMBLING  FOR  MINORS.    1.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "ADD-ON TRANSACTION" MEANS A PAYMENT MADE TO  THE  OPERATOR  OF  A
 SOCIAL  GAMING  PLATFORM  OF EITHER MONEY OR AN IN-GAME PROXY FOR MONEY,
 INCLUDING BUT NOT LIMITED TO, VIRTUAL CURRENCY WHICH  CAN  BE  PURCHASED
 WITH MONEY THAT:
   (I) UNLOCKS A FEATURE OF THE PRODUCT; OR
   (II) ENHANCES THE ENTERTAINMENT VALUE OF THE PRODUCT.
   (B) "LOOT BOX" MEANS AN ADD-ON TRANSACTION TO A SOCIAL GAMING PLATFORM
 THAT THROUGH A PROCESS OF TOTAL OR PARTIAL RANDOMIZATION:
   (I) UNLOCKS A FEATURE OF THE PRODUCT;
   (II) ENHANCES THE ENTERTAINMENT VALUE OF THE PRODUCT; OR
   (III)  ALLOWS  THE  USER  TO MAKE ONE OR MORE ADDITIONAL ADD-ON TRANS-
 ACTIONS THAT SUCH USER COULD NOT HAVE  MADE  WITHOUT  MAKING  THE  FIRST
 ADD-ON TRANSACTION AND THE CONTENT OF WHICH IS UNKNOWN TO THE USER UNTIL
 AFTER SUCH USER HAS MADE THE FIRST ADD-ON TRANSACTION.
   (C)  "MINOR"  MEANS  AN  INDIVIDUAL  LESS  THAN  EIGHTEEN YEARS OF AGE
 LOCATED IN THE STATE OF NEW YORK.
   (D) "ONLINE GAMING-RELATED GAMBLING" MEANS ACTIVITIES THAT OCCUR WITH-
 IN VIDEO GAME ENVIRONMENTS OR INVOLVE GAME-RELATED ITEMS  AND  CURRENCY,
 INCLUDING BUT NOT LIMITED TO:
   (I)  EXCHANGING  REAL MONEY FOR RANDOM, CHANCE-BASED REWARDS IN GAMES,
 SUCH AS LOOT BOXES AND OTHER ADD-ON TRANSACTIONS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15217-01-6
 S. 10091                            2
 
   (II) TRADING OR BETTING USING IN-GAME ITEMS ACQUIRED WITH REAL  MONEY,
 SUCH AS BUYING AND TRADING SKINS OR OTHER PAY-TO-WIN MICROTRANSACTIONS.
   (E)  "OPERATOR"  MEANS ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY WHO
 OPERATES OR PROVIDES A SOCIAL GAMING PLATFORM.
   (F) "PAY-TO-WIN MICROTRANSACTION" MEANS AN  ADD-ON  TRANSACTION  TO  A
 SOCIAL  GAMING PLATFORM THAT FROM THE PERSPECTIVE OF REASONABLE USERS OF
 SUCH SOCIAL GAMING PLATFORM IS A GAME OFFERING A SCORING SYSTEM,  A  SET
 OF  GOALS  TO  ACHIEVE,  A  SET  OF  REWARDS,  OR A SENSE OF INTERACTIVE
 PROGRESSION THROUGH THE SOCIAL GAMING PLATFORM'S CONTENT  INCLUDING  BUT
 NOT LIMITED TO NARRATIVE PROGRESSION THAT:
   (I)  EASES  A USER'S PROGRESSION THROUGH CONTENT OTHERWISE UNAVAILABLE
 WITHIN THE GAME WITHOUT THE PURCHASE OF SUCH TRANSACTION; OR
   (II) ASSISTS A USER IN ACCOMPLISHING AN ACHIEVEMENT  WITHIN  THE  GAME
 THAT  CAN  OTHERWISE BE ACCOMPLISHED WITHOUT THE PURCHASE OF SUCH TRANS-
 ACTION; OR
   (III) ASSISTS A USER IN RECEIVING AN AWARD ASSOCIATED  WITH  THE  GAME
 THAT  IS  OTHERWISE UNAVAILABLE IN ASSOCIATION WITH THE GAME WITHOUT THE
 PURCHASE OF SUCH TRANSACTION; OR
   (IV) PERMITS A USER TO CONTINUE TO ACCESS CONTENT OF THE GAME THAT HAD
 PREVIOUSLY BEEN ACCESSIBLE TO THE USER BUT HAS  BEEN  MADE  INACCESSIBLE
 AFTER THE EXPIRATION OF A TIMER OR A NUMBER OF GAMEPLAY ATTEMPTS; OR
   (V) WITH RESPECT TO AN INTERACTIVE DIGITAL ENTERTAINMENT PRODUCT THAT,
 FROM  THE  PERSPECTIVE  OF  A  REASONABLE USER OF THE PRODUCT, IS A GAME
 FEATURING COMPETITION WITH OTHER  USERS  AND  PROVIDES  A  USER  WITH  A
 COMPETITIVE  ADVANTAGE  WITH  RESPECT  TO THE GAME'S COMPETITIVE ASPECTS
 OVER USERS WHO DO NOT MAKE SUCH A TRANSACTION.
   (G) "SKINS" MEANS IN-GAME VIRTUAL REWARD SYSTEMS WHERE  USERS  UTILIZE
 REAL  OR  VIRTUAL  CURRENCY  TO  PURCHASE  LOOT  BOXES CONTAINING RANDOM
 COSMETIC ITEMS OR SKINS FOR CHARACTERS OR WEAPONS. SUCH SKINS CAN  RANGE
 WIDELY  IN  VALUE  AND CAN OFTEN BE SOLD OR TRADED FOR REAL-WORLD USE ON
 THIRD-PARTY SITES.
   (H) "SOCIAL GAMING PLATFORM" MEANS AN  IMMERSIVE  DIGITAL  SPACE  THAT
 INTEGRATES GAMEPLAY, SOCIAL CONNECTION, AND IN-GAME PURCHASING, ALLOWING
 USERS  TO  CREATE  CUSTOMIZABLE AVATARS AND INTERACT WITH OTHERS THROUGH
 REAL-TIME COLLABORATION AND COMPETITION. A  SOCIAL  GAMING  PLATFORM  IS
 ACCESSIBLE  ACROSS  CONSOLES,  COMPUTERS,  MOBILE  DEVICES, TABLETS, AND
 VIRTUAL REALITY SYSTEMS.
   (I) "USER" MEANS A USER OF A SOCIAL GAMING PLATFORM IN  THE  STATE  OF
 NEW YORK NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERA-
 TOR, OF SUCH PLATFORM OR ANY PORTION THEREOF.
   2.  IT  SHALL BE UNLAWFUL FOR THE OPERATOR OF A SOCIAL GAMING PLATFORM
 TO PROVIDE A SERVICE TO A USER THAT ALLOWS ONLINE GAMING-RELATED  GAMBL-
 ING,  UNLESS  SUCH  OPERATOR HAS REASONABLY DETERMINED THAT SUCH USER IS
 NOT A MINOR IN ACCORDANCE WITH AGE DETERMINATION AND AGE ASSURANCE REGU-
 LATIONS PROMULGATED BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION.
   3. INFORMATION COLLECTED FOR THE PURPOSE OF DETERMINING A  USER'S  AGE
 UNDER  SUBDIVISION TWO OF THIS SECTION SHALL NOT BE USED FOR ANY PURPOSE
 OTHER THAN AGE DETERMINATION AND SHALL BE DELETED IMMEDIATELY  AFTER  AN
 ATTEMPT TO DETERMINE A USER'S AGE, EXCEPT WHERE NECESSARY FOR COMPLIANCE
 WITH ANY APPLICABLE PROVISIONS OF NEW YORK STATE OR FEDERAL LAW OR REGU-
 LATION.
   4.  ANY  VIOLATION OF THIS SECTION SHALL CONSTITUTE AN UNLAWFUL DECEP-
 TIVE ACT OR PRACTICE UNDER SECTION  THREE  HUNDRED  FORTY-NINE  OF  THIS
 CHAPTER AND MAY BE ENFORCED BY THE ATTORNEY GENERAL IN A CIVIL ACTION IN
 THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK.
 S. 10091                            3
 
   5.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS, INFORMATION AND/OR REFERRALS  FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING  A  SOCIAL GAMING PLATFORM'S OR OPERATOR'S ALLEGED COMPLIANCE
 OR NON-COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   6.  THE  ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS AS NECESSARY TO
 EFFECTUATE THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS  MAY  REFER-
 ENCE  OR  RELY  UPON  EXISTING  REGULATIONS  PROMULGATED BY THE ATTORNEY
 GENERAL REGARDING AGE DETERMINATION OR AGE ASSURANCE.
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.