NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A382
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:
1363(2): Adds mobile sports wagering licensees to the deceptive and
misleading advertising provisions of this section. 1363(2)(c): Amends
this provision to ban all depictions of persons under 21, regardless of
whether or not they are engaging in any gambling related activity and
exempts incidental portrayals of them. 1363(3): Requires that the gambl-
ing hotline number be visible at all times on video advertisements.
1363(4)-(6): Adds mobile sports wagering licensee to the provisions of
this section.
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 t he
wagering law to require that they not create deceptive or misleading
advertisements, that they block user request to discontinue future
receipt of advertisements, and that they provide to the gaming commis-
sion 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 t hat 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:
07/22/24referred 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.
