Brown K, Lunsford, Simon, Hyndman, Burroughs, Tapia, Gray, McDonald
MLTSPNSR
Amd §§1367 & 1367-a, RWB L
Relates to preventing minors from participating in sports wagering and creating accounts on mobile sports wagering platforms; requires platforms to employ commercially reasonable and technically feasible age assurance methods.
STATE OF NEW YORK
________________________________________________________________________
10440--B
IN ASSEMBLY
March 6, 2026
___________
Introduced by M. of A. STECK, K. BROWN, LUNSFORD, SIMON, HYNDMAN,
BURROUGHS, TAPIA, GRAY, McDONALD -- 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 -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to preventing minors from participating in sports wagering
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (bb) and (cc) of subdivision 1 of section 1367
2 of the racing, pari-mutuel wagering and breeding law, as amended by
3 section 3 of part Y of chapter 59 of the laws of 2021, are amended and
4 two new paragraphs (dd) and (ee) are added to read as follows:
5 (bb) "Suspicious wagering activity" means unusual wagering activity
6 that cannot be explained and is indicative of match fixing, the manipu-
7 lation of an event, misuse of inside information, or other prohibited
8 activity; [and]
9 (cc) "Independent integrity monitor" means an independent individual
10 or entity approved by the commission to receive reports of unusual
11 wagering activity from a casino, mobile sports wagering licensee, or
12 commission for the purpose of assisting in identifying suspicious wager-
13 ing activity[.];
14 (dd) "Identifying information" means any data that identifies or could
15 reasonably be linked, directly or indirectly, with a specific natural
16 person or device. Identifying information as used in this section and in
17 section thirteen hundred sixty-seven-a of this article may include an
18 Internet protocol address; and
19 (ee) "Internet protocol address" means a unique numerical identifier
20 assigned to a device that can be used to direct Internet traffic to such
21 device.
22 § 2. Paragraph (i) of subdivision 12 of section 1367 of the racing,
23 pari-mutuel wagering and breeding law, as added by section 3 of part Y
24 of chapter 59 of the laws of 2021, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11781-10-6
A. 10440--B 2
1 (i) Casinos and mobile sports wagering licensees shall adopt proce-
2 dures to prevent persons from wagering on sports events who are prohib-
3 ited from placing sports wagers. A casino or mobile sports wagering
4 licensee shall not accept wagers from any person:
5 (i) whose name appears on the exclusion list maintained by the commis-
6 sion and provided to the casino or mobile sports wagering licensee;
7 (ii) whose name appears on any self-exclusion list maintained by the
8 commission and provided to the casino or mobile sports wagering licen-
9 see;
10 (iii) who is attempting to create an account using excluded identify-
11 ing information as described in paragraph (k) of this subdivision, or to
12 place a wager through an account that was created, registered, opened or
13 maintained using such excluded identifying information, provided that
14 such identifying information has not been removed from the exclusion
15 list pursuant to paragraph (k) of this subdivision;
16 (iv) who is the operator, director, officer, owner, or employee of the
17 casino or mobile sports wagering licensee or any spouse, child, sibling
18 or parent living in the same principal place of abode as such individ-
19 ual;
20 [(iv)] (v) who has been identified as a prohibited sports bettor in a
21 list provided by the sports governing body to the commission and casino
22 or mobile sports wagering operator, that identifies the individual by
23 such personally identifiable information as specified by rules and regu-
24 lations promulgated by the commission; or
25 [(v)] (vi) who is an agent or proxy for a prohibited sports bettor.
26 § 3. Subdivision 12 of section 1367 of the racing, pari-mutuel wager-
27 ing and breeding law is amended by adding a new paragraph (k) to read as
28 follows:
29 (k) (i) The commission shall, by regulation, establish and maintain an
30 exclusion list for identifying information on mobile sports wagering
31 platforms that shall be separate and distinct from the list of self-ex-
32 cluded persons established pursuant to section thirteen hundred forty-
33 four of this article, and a means by which persons may electronically
34 register any of their identifying information, or, if such person is the
35 parent or legal guardian of a minor, identifying information of or asso-
36 ciated with such minor, on such list for the purposes of preventing
37 themselves and any other person, including a minor, from using such
38 information to create an account on a mobile sports wagering platform.
39 (ii) Mobile sports wagering operators shall be prohibited from permit-
40 ting the registration of any account with such identifying information,
41 provided that the commission has provided mobile sports wagering opera-
42 tors access to such excluded identifying information, and provided
43 further that such prohibition shall not apply to identifying information
44 removed from such exclusion list pursuant to this paragraph.
45 (iii) For purposes of subparagraph (iii) of paragraph (i) of this
46 subdivision and this paragraph, the use of excluded identifying informa-
47 tion shall mean the use of such information to create, register, open or
48 maintain a mobile sports wagering account, and nothing in this paragraph
49 shall be construed to require a casino, mobile sports wagering licensee
50 or mobile sports wagering operator to conduct age assurance, identity
51 verification or screening against excluded identifying information upon
52 each login or placement of a wager.
53 (iv) The commission shall promulgate regulations under this paragraph
54 to ensure: the secure collection and transmittal of such identifying
55 information to mobile sports wagering operators, and the removal and
56 deletion of such identifying information, as provided in subparagraphs
A. 10440--B 3
1 (ii), (v) and (vi) of this paragraph; the uniqueness and reliability of
2 the identifying information being collected; and that the identifying
3 information is strictly protected by data security measures, including
4 but not limited to encryption, firewalls, and password protection, data
5 system monitoring, limitations on access to authorized persons within
6 the commission, and other reasonable administrative, technical, and
7 physical safeguards to protect the security, confidentiality, and integ-
8 rity of identifying information provided by persons under this para-
9 graph.
10 (v) Persons submitting identifying information for exclusion from
11 mobile sports wagering under this paragraph shall retain the right to
12 voluntarily rescind such exclusion at any time, at which point such
13 identifying information shall be deleted from the commission's database
14 and the commission shall transmit notice of such removal to mobile
15 sports wagering operators.
16 (vi) Where identifying information is submitted by a parent or legal
17 guardian of a minor pursuant to subparagraph (i) of this paragraph, the
18 commission shall require, at the time of submission, the date on which
19 such minor will attain twenty-one years of age. Such identifying infor-
20 mation shall be deemed removed from the exclusion list upon such date,
21 and the commission shall immediately delete such identifying information
22 from the commission's database and transmit notice of such removal to
23 mobile sports wagering operators.
24 § 4. Subparagraph (iii) of paragraph (a) of subdivision 4 of section
25 1367-a of the racing, pari-mutuel wagering and breeding law, as added by
26 section 4 of part Y of chapter 59 of the laws of 2021, is amended to
27 read as follows:
28 (iii) (A) prohibit minors from participating in any sports wagering
29 pursuant to rules and regulations promulgated by the commission. Such
30 rules and regulations shall require the operator to conduct age assur-
31 ance to determine, only at the point of account registration, that the
32 person creating an account is not a minor. The commission shall promul-
33 gate regulations identifying commercially reasonable and technically
34 feasible methods for mobile sports wagering operators to determine if a
35 person is a minor, considering the size, financial resources, and tech-
36 nical capabilities of the mobile sports wagering platform operated by
37 such operator, the costs and effectiveness of available age determi-
38 nation techniques, the audience of the mobile sports wagering platform,
39 and prevalent practices of the industry of the mobile sports wagering
40 operator and other similar digital industries. Such regulations shall
41 also identify the appropriate levels of accuracy that would be commer-
42 cially reasonable and technically feasible for mobile sports wagering
43 operators to achieve in determining whether a person is a minor,
44 provided, however, that a person self-reporting their age with no other
45 supporting evidence shall not be deemed an acceptable method under this
46 subparagraph. Any information collected for the purpose of the age
47 assurance requirement under this subparagraph shall be deleted imme-
48 diately after an attempt to determine a person's age, except where
49 necessary for applicable provisions of state or federal law or regu-
50 lation. Nothing in this subparagraph shall be construed to require a
51 mobile sports wagering operator to conduct age assurance upon each login
52 or placement of a wager.
53 (B) For the purposes of this subparagraph, a mobile sports wagering
54 operator shall treat a person as a minor if, at the point of account
55 registration, the person's device communicates or signals that the
A. 10440--B 4
1 person is or shall be treated as a minor, including through a privacy
2 setting, device setting, or other mechanism;
3 § 5. Severability. If any provision of this act or application there-
4 of shall for any reason be adjudged by any court of competent
5 jurisdiction to be invalid, such judgment shall not affect, impair, or
6 invalidate the remainder of the act, but shall be confined in its opera-
7 tion to the provision thereof directly involved in the controversy in
8 which the judgment shall have been rendered.
9 § 6. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law. Effective immediately, the addition, amend-
11 ment and/or repeal of any rule or regulation necessary for the implemen-
12 tation of this act on its effective date are authorized to be made and
13 completed on or before such effective date.
