NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A382A
SPONSOR: Vanel TITLE OF BILL:
An act to amend the racing, pari-mutuel wagering and breeding law, in
relation to advertising restrictions for mobile sports wagering licen-
sees
PURPOSE OR GENERAL IDEA OF BILL:
Relates to advertising restrictions for mobile sports wagering licen-
sees.
SUMMARY OF PROVISIONS:
Section 1 amends Section 1363 of the racing, pari-mutuel wagering and
breeding law to add mobile sports wagering licensees to the current
advertising restrictions in place against gaming facility licensees.
This section also requires that the gambling hotline number be visible
at all times on video advertisements.
Section 2 provides the effective date.
JUSTIFICATION:
As a result of the legalization of mobile sports wagering in 2022, all
gaming-eligible New Yorkers have gained access to a form of gambling
which they can participate in at any time from their phones or comput-
ers.
While legalizing mobile sports wagering was important, it also came with
an increase in calls for problem gamblers. In fact, according to the
gaming commission, in the year since mobile sports wagering became
legalized, they saw a 26% increase in problem gambling calls.
Advertising plays a major role in gaming companies getting more garners
on their platforms, and its important that these advertisements not be
deceptive, misleading, or that they unduly influence people to partic-
ipate in a gambling activity when they otherwise would• not have wanted
to. It is also important that people who are viewing these advertise-
ments are clearly communicated a problem gambling hotline number in such
a way that they can make the most use out of it.
Thus, to accomplish these goals, this bill applies mobile sports wager-
ing licensees to the provisions of the advertising section of the wager-
ing law to require that they not create deceptive or misleading adver-
tisements, that they block user request to discontinue future receipt of
advertisements, and that they provide to the gaming commission complete
and accurate copies of their advertisements and maintain a complete
record of all of their advertisements for at least two years.
The bill also bans the depiction of any minor, regardless of whether or
not they are engaging in a gaming activity, and it requires that all
video advertisements for mobile sports wagering include a problem gambl-
ing hotline number for the entire duration of the advertisement so that
problem gamblers have a longer opportunity to see and call that number.
PRIOR LEGISLATIVE HISTORY:
07/22/24 - referred to racing and wagering
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
N/A
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
