S04856 Summary:

Amd §1367-a, add Art 15 §§1500 - 1507, RWB L
Authorizes interactive gaming in the state of New York.
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S04856 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    February 15, 2023
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Racing, Gaming and  Wager-
        AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
          relation to interactive gaming
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  1367-a  of  the racing, pari-mutuel wagering and
     2  breeding law is amended by  adding  a  new  subdivision  8  to  read  as
     3  follows:
     4    8.  No  additional  mobile  sports  wagering  licenses shall be issued
     5  pursuant to this section subsequent to  the  conversion  of  any  mobile
     6  sports  wagering  platform  provider  license  to  an interactive gaming
     7  license, as set forth in subdivision  two  of  section  fifteen  hundred
     8  three of this chapter.
     9    §  2.  The racing, pari-mutuel wagering and breeding law is amended by
    10  adding a new article 15 to read as follows:
    11                                 ARTICLE 15
    12                             INTERACTIVE GAMING
    13  Section 1500. Legislative intent and findings.
    14          1501. Definitions.
    15          1502. Eligibility to conduct interactive gaming.
    16          1503. Entity licensing.
    17          1504. Individual, enterprise and vendor licensing.
    18          1505. Requirements for  conduct  and  operation  of  interactive
    19                  gaming.
    20          1506. Taxation and fees.
    21          1507. Responsible gaming requirements.
    22    § 1500. Legislative  intent  and findings. Section nine of article one
    23  of the New York state constitution was  recently  amended  and  provides
    24  "casino  gambling  at  no  more  than seven facilities as authorized and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4856                             2
     1  prescribed by the legislature shall hereafter be authorized  or  allowed
     2  within  this  state". It has been, and continues to be, the sense of the
     3  legislature that this provision is not contravened  by  a  statute  that
     4  authorizes  the  acceptance  of  a wager by an individual located in New
     5  York state who is betting by virtual or electronic means and  the  wager
     6  is accepted through equipment located within a licensed gaming facility;
     7  provided  that  any  such wager meets other safeguards ensuring that the
     8  plain text of this provision is honored in such  structure.  Interactive
     9  gaming  is  now legal in seven states, including the bordering states of
    10  New Jersey, Pennsylvania, and Connecticut, while it is permitted only in
    11  person in New York at four  upstate  commercial  gaming  facilities  and
    12  Native  American  class  III  gaming  facilities. The legislature hereby
    13  finds and declares that an interactive gaming wager that is made through
    14  virtual or electronic means from a location within New York state and is
    15  transmitted to  and  accepted  by  electronic  equipment  located  at  a
    16  licensed gaming facility, including without limitation, a computer serv-
    17  er  located  at  such  licensed gaming facility, is a wager made at such
    18  licensed gaming facility, notwithstanding any provisions  of  the  penal
    19  law to the contrary.
    20    § 1501. Definitions.  For  the purposes of this article, the following
    21  terms shall have the following meanings:
    22    1. "Authorized casino game" means any gambling game as  set  forth  in
    23  subdivision  four,  nineteen,  thirty-eight, thirty-nine or forty-one of
    24  section thirteen hundred one of this chapter and associated regulations.
    25  An authorized casino game may include gaming tournaments in which  play-
    26  ers  compete  against one another in one or more of the games authorized
    27  herein or by the commission or  in  approved  variations  or  composites
    28  thereof if such tournaments are authorized.
    29    2.  "Authorized  participant"  means  an  individual who is physically
    30  present in the state of New York  when  placing  an  interactive  gaming
    31  wager,  who  is  authorized to participate in gaming pursuant to article
    32  thirteen of this chapter, and who  participates  in  interactive  gaming
    33  offered by a casino or operator. All interactive gaming wagers placed in
    34  accordance  with  this  article  shall be considered placed or otherwise
    35  made when received by the casino or  operator  at  the  licensed  gaming
    36  facility,  regardless  of the authorized participant's physical location
    37  at the time such wager is initiated. The intermediate routing  of  elec-
    38  tronic  data  in connection with mobile wagering shall not determine the
    39  location or locations in which a wager is initiated, received, or other-
    40  wise made.
    41    3. "Commission" means the New York state gaming commission.
    42    4. "Gaming facility"  means  the  premises  approved  under  a  gaming
    43  license  which includes a gaming area and any other non-gaming structure
    44  related to the gaming area and may include, but shall not be limited to,
    45  hotels, restaurants or other amenities.
    46    5. "Interactive gaming" means  wagering  on  authorized  casino  games
    47  online  by  any system or method of wagering, including, but not limited
    48  to, in-person communication and electronic communication through  inter-
    49  net websites accessed via a mobile device or computer, and mobile device
    50  applications.
    51    6.  "Interactive  gaming  licensee" means a qualifying entity that has
    52  been authorized by the New  York  state  gaming  commission  to  conduct
    53  interactive gaming.
    54    7.  "Interactive  gross  gaming revenue" means the amount equal to the
    55  total of all interactive gaming wagers that an interactive gaming licen-
    56  see collects from all authorized participants, less  the  total  of  all

        S. 4856                             3
     1  sums  paid  out  as  winnings  to all authorized participants, provided,
     2  however, that the total of all sums paid out as winnings  to  authorized
     3  participants  shall  not  include the following: (a) the cash equivalent
     4  value  of  any merchandise or thing of value awarded as a prize; and (b)
     5  the value of all bonuses or promotions provided  to  authorized  partic-
     6  ipants  as  an  incentive to place or as a result of their having placed
     7  interactive gaming wagers, not to  exceed  1.75  percent  of  the  total
     8  amount  of  all  interactive  gaming  wagers placed with the interactive
     9  gaming licensee each month after the first twelve months of  interactive
    10  gaming wagering.
    11    8.  "Interactive  gaming  wager" means cash or cash equivalent that is
    12  paid by an authorized sports bettor to a casino or operator  to  partic-
    13  ipate  in  interactive  gaming  offered  by such casino or operator. Any
    14  wager through electronic communication shall be deemed to take place  at
    15  the  physical location of the server or other equipment used by a casino
    16  or operator to accept interactive gaming  wagering,  regardless  of  the
    17  authorized  participant's physical location within the state at the time
    18  such wager is initiated.
    19    9. "Live dealer games" means authorized casino games conducted by live
    20  studio dealers or other physical gaming  equipment,  such  as  automated
    21  roulette wheels, ball blowers or gaming devices, or both, in a live game
    22  environment  in  which  the  authorized participants have the ability to
    23  participate in game play  and  communicate  game  decisions  through  an
    24  authorized  interactive  gaming  wagering  platform.  Live  dealer games
    25  include, but are not limited to, live card games, live table  games  and
    26  other live authorized casino games.
    27    10.  "Live  gaming studio" means a physical location in New York state
    28  that utilizes live video  streaming  technology  to  provide  authorized
    29  casino  games  to  a  player's  interactive  gaming  device or multi-use
    30  computing device.
    31    11. "Live studio dealer" means natural persons, that lead table games,
    32  including blackjack, craps, keno, poker, roulette and  other  authorized
    33  casino  games  while assisting authorized participants with game-related
    34  needs, that distribute cards, dice and  other  equipment  to  authorized
    35  participants according to the table and other authorized games, and that
    36  monitor game pace and play.
    37    12. "Prohibited participant" means: (a) any officer or employee of the
    38  commission;  (b)  any principal or key employee of a casino, interactive
    39  gaming licensee, and its affiliates, except as may be permitted  by  the
    40  commission;  (c)  any casino gaming or non-gaming employee at the casino
    41  that employs such person and any gaming or non-gaming  employee  of  the
    42  interactive  gaming  licensee that employs such person; (d) any contrac-
    43  tor, subcontractor, or consultant, or officer or employee of a  contrac-
    44  tor,  subcontractor, or consultant, of a casino or an interactive gaming
    45  licensee if such person is directly involved in the operation or  obser-
    46  vation  of  interactive  gaming, or the processing of interactive gaming
    47  claims or payments; (e) any  person  subject  to  a  contract  with  the
    48  commission if such contract contains a provision prohibiting such person
    49  from participating in interactive gaming; (f) any spouse, child, sibling
    50  or parent residing in the principal place of abode of any of the forego-
    51  ing  persons at the same casino or interactive gaming licensee where the
    52  foregoing person is prohibited from participating in interactive gaming;
    53  (g) any individual placing a wager as an  agent  or  proxy  for  another
    54  person known to be a prohibited participant; or (h) any minor.
    55    13. "Qualifying entity" means (a) a destination resort casino licensed
    56  under  article  thirteen  of  this chapter; (b) a video lottery terminal

        S. 4856                             4
     1  facility authorized under paragraphs one and two  of  subdivision  a  of
     2  section  sixteen  hundred  seventeen-a  of  the tax law, when such video
     3  lottery terminal facility conducts racing,  as  defined  in  subdivision
     4  three  of section three hundred one of this chapter, or authorized under
     5  paragraph five of subdivision a of section sixteen  hundred  seventeen-a
     6  of the tax law; (c) a federally recognized Indian tribe that has entered
     7  into  a tribal-state gaming compact in accordance with the Indian Gaming
     8  Regulatory Act that is in effect and has been ratified by the  state  of
     9  New  York;  or (d) a mobile sports wagering platform provider, inclusive
    10  of the sports wagering operators the platform utilizes, selected by  the
    11  commission  to  conduct  mobile  sports wagering pursuant to subdivision
    12  seven of section thirteen hundred  sixty-seven-a  of  this  chapter  and
    13  section  fifteen  hundred  three  of  this article. An unlicensed entity
    14  offering games or contests that require a license  or  temporary  permit
    15  issued  by  the  commission  under  article thirteen or fourteen of this
    16  chapter within the previous three years of the effective  date  of  this
    17  article shall be ineligible to receive an interactive gaming license.
    18    § 1502. Eligibility  to conduct interactive gaming. 1. Only a qualify-
    19  ing entity in good standing with the commission or,  if  the  qualifying
    20  entity is an Indian tribe, those executive agencies with which it other-
    21  wise  interacts,  shall be eligible to conduct interactive gaming in the
    22  state.
    23    2. No qualifying entity shall administer, manage,  or  otherwise  make
    24  available  an interactive gaming platform to persons located in New York
    25  state unless it has provided  notice  of  intent  to  offer  interactive
    26  gaming  to  the  commission  pursuant  to this section. Additionally, no
    27  entity shall advertise or promote an unlicensed interactive gaming plat-
    28  form to persons located in the state of New York.
    29    3. (a) Prior to the commission approving an interactive gaming  licen-
    30  see  under  section  fifteen  hundred  three of this article to commence
    31  operations, the commission shall conduct a  comprehensive  investigation
    32  of the applicant to determine whether the applicant or any of its affil-
    33  iates, including entities under common control, is knowingly (i) accept-
    34  ing revenue, directly or indirectly, derived from any jurisdiction sanc-
    35  tioned  by  the  office  of  foreign assets control (OFAC) of the United
    36  States treasury department, or (ii) accepting or assisting, directly  or
    37  indirectly,  in the acceptance of online wagers or consideration related
    38  to online wagering from any country in which  such  online  gambling  is
    39  prohibited or illegal.
    40    (b) The commission shall not approve an interactive gaming licensee to
    41  commence  operations  if the commission determines that the applicant or
    42  any of its affiliates, including entities under common control, is know-
    43  ingly (i) accepting revenue, directly or indirectly,  derived  from  any
    44  jurisdiction  sanctioned  by  the  OFAC  of  the  United States treasury
    45  department, or (ii) accepting or assisting, directly or  indirectly,  in
    46  the acceptance of online wagers or other consideration related to online
    47  wagering from any country in which such online gambling is prohibited or
    48  illegal.
    49    (c) If at any time during licensure the commission determines that the
    50  licensee  or  any  of  its  affiliates,  including entities under common
    51  control, is knowingly accepting revenue, directly or indirectly, derived
    52  from any jurisdiction sanctioned by the OFAC of the United States treas-
    53  ury department, or accepting or assisting, directly  or  indirectly,  in
    54  the acceptance of online wagers or other consideration related to online
    55  wagering from any country in which such online gambling is prohibited or
    56  illegal,  the commission shall impose a penalty of license revocation if

        S. 4856                             5
     1  the commission determines, after notice and an opportunity for  hearing,
     2  that it would further the public interest to discontinue such operations
     3  of the interactive gaming licensee.
     4    4.  Licenses  authorized under this article shall remain in effect for
     5  ten years from the date issued. The commission shall establish a process
     6  for renewal.
     7    5. The commission shall publish a list of all licensees authorized  to
     8  offer  interactive  gaming in New York state pursuant to this section on
     9  the commission's website for public use.
    10    6. Each interactive gaming licensee shall offer no more than one indi-
    11  vidually branded skin.
    12    7. Notices of intent to offer interactive gaming sent to  the  commis-
    13  sion by a qualified entity shall be acted upon by the commission prompt-
    14  ly,  with authorization to commence operations being issued no more than
    15  thirty days of receipt of the petition.
    16    8. To meet the definition of a  qualifying  entity,  an  Indian  Tribe
    17  shall enter into an agreement with the commission with respect to inter-
    18  active gaming:
    19    (a) to follow the requirements imposed on interactive gaming licensees
    20  under  this  section  and section thirteen hundred sixty-seven-a of this
    21  chapter with respect to the Indian Tribe's interactive gaming; to adhere
    22  to the regulations  promulgated  by  the  commission  pursuant  to  this
    23  section with respect to interactive gaming, and to submit to the commis-
    24  sion's  enforcement  of this section and section thirteen hundred sixty-
    25  seven-a of this chapter  and  regulations  promulgated  thereunder  with
    26  respect  to  interactive  gaming,  including by waiving tribal sovereign
    27  immunity for the sole and limited purpose of such  enforcement.  Nothing
    28  herein  shall  be  construed as requiring an Indian Tribe's agreement to
    29  adhere to the requirements of section thirteen  hundred  sixty-seven  of
    30  this  chapter  for  gaming  conducted  on tribal lands as a condition of
    31  offering interactive gaming under this section;
    32    (b) to waive the Indian Tribe's exclusive geographic  right  to  offer
    33  and conduct interactive gaming, but not otherwise;
    34    (c)  to  remit payment to the state equal to tax on interactive gaming
    35  revenue imposed under section fifteen hundred six of this  article  with
    36  respect to interactive gaming;
    37    (d)  not  to  offer or to conduct mobile gaming other than interactive
    38  gaming pursuant to this section unless such mobile gaming  is  otherwise
    39  authorized by state or federal law; and
    40    (e)  to  locate the server or other equipment used by the Indian Tribe
    41  or its agent to accept interactive gaming at a casino that  has  applied
    42  for and is eligible to register as an interactive gaming licensee and to
    43  pay  the  actual cost of hosting the server or other equipment as deter-
    44  mined by the commission.
    45    9. No interactive gaming may be conducted  within  an  Indian  Tribe's
    46  exclusive  geographic  area  unless  such  Indian  Tribe  with exclusive
    47  geographic right to that area is registered  as  an  interactive  gaming
    48  licensee.  Interactive  gaming licensees shall use geo-location and geo-
    49  fencing technology to ensure that interactive gaming is not available to
    50  persons who are  physically  located  in  an  Indian  Tribe's  exclusive
    51  geographic  area,  unless  such  Indian  Tribe with exclusive geographic
    52  right to that area is registered as an interactive gaming licensee under
    53  this section.
    54    § 1503. Entity licensing. 1. A  qualifying  entity  shall  receive  an
    55  interactive  gaming  license upon the effective date of this article. An
    56  interactive gaming licensee shall not commence interactive gaming  until

        S. 4856                             6
     1  such  time  that  the commission has promulgated a regulatory scheme and
     2  provided approval to commence  operations.  Such  regulations  shall  be
     3  promulgated,  and  approval issued in a timely manner, but no later than
     4  one hundred twenty days following the effective date of this article.
     5    2.  A  qualifying  entity  shall not incur any additional licensing or
     6  administrative fees, or additional expenses outside of those  set  forth
     7  in this section.
     8    3. (a) Up to three interactive wagering licenses shall be awarded by a
     9  competitive bidding process conducted by the commission. Eligible appli-
    10  cants  for  the  competitive  bidding  process  must  have at least five
    11  percent in the applicant owned, through  either  a  direct  or  indirect
    12  economic interest, by members of a minority group as defined in subdivi-
    13  sion eight of section three hundred ten of the executive law.
    14    (b)  The  commission  shall  issue a request for applications no later
    15  than July first, two thousand twenty-three, provided, however, that  the
    16  deadline  for  submission  of applications shall be no later than thirty
    17  days after the date upon which the commission issues  such  request  for
    18  applications.
    19    (c)  The  commission  shall  make determinations to award a license or
    20  disqualify an applicant on a rolling basis to expedite issuance of addi-
    21  tional licenses and maximize revenue to the state.
    22    (d) The commission shall determine the form of application and scoring
    23  criteria and make both available on its website.
    24    (e) Mobile sports wagering licensees awarded a license by the  process
    25  set  forth  in  paragraphs (a) through (d) of this subdivision may apply
    26  for an interactive gaming licensee upon  selection  by  the  commission,
    27  allowing  such licensees to offer both mobile sports wagering and inter-
    28  active gaming.
    29    4. As a condition of licensing, the commission shall require that each
    30  casino or operator  authorized  to  conduct  mobile  interactive  gaming
    31  wagering  pay  a  one-time fee of two million dollars. As a condition of
    32  approval of any independent contractor to provide an  operator's  mobile
    33  interactive gaming waging platform and display its brand, the commission
    34  shall require that such independent contractor pay a one-time fee of ten
    35  million dollars.
    36    § 1504. Individual,  enterprise and vendor licensing. Each interactive
    37  gaming licensee may contract  with  an  entity  to  conduct  interactive
    38  gaming, in accordance with the regulations of the commission. Such enti-
    39  ty  shall  obtain  a  license  as  a  casino  vendor enterprise prior to
    40  execution of any such contract, and such license shall be issued  pursu-
    41  ant  to  the provisions of section thirteen hundred twenty-seven of this
    42  chapter and in  accordance  with  the  regulations  promulgated  by  the
    43  commission.
    44    § 1505. Requirements  for conduct and operation of interactive gaming.
    45  1.  The live gaming studio used to conduct live dealer games  shall  not
    46  be  required  to be located within the premises of a gaming facility, as
    47  defined in subdivision twenty-three of section thirteen hundred  one  of
    48  this chapter, but must be located within the state of New York.
    49    2.  An  applicant  for  an interactive gaming license that has not yet
    50  entered into a labor peace agreement shall produce an affidavit  stating
    51  it  shall  enter  into  a labor peace agreement with labor organizations
    52  that are actively engaged in representing  or  attempting  to  represent
    53  gaming  or  hospitality  industry  workers  in  the state as a mandatory
    54  component of its application for an interactive gaming license. In order
    55  for the commission to issue an interactive gaming license  and  for  any
    56  operations  involving live studio dealers to commence, the applicant for

        S. 4856                             7
     1  an interactive gaming license must produce  documentation  that  it  has
     2  entered  into  a labor peace agreement with each labor organization that
     3  is actively engaged in representing and attempting to  represent  gaming
     4  and hospitality industry workers in the state. The commission shall make
     5  the  maintenance  of  such  a  labor peace agreement an ongoing material
     6  condition of licensure as long as the interactive gaming licensee  makes
     7  use  of  live  studio dealers. A license holder shall, as a condition of
     8  its license, ensure that operations at a live gaming studio that involve
     9  gaming or hospitality industry employees or are  conducted  by  contrac-
    10  tors,  subcontractors, licensees, assignees, tenants or subtenants shall
    11  be done under a labor peace agreement containing the same provisions  as
    12  specified in this subdivision.
    13    3.  Advertisements  for  contests and prizes offered by an interactive
    14  gaming licensee shall not target  prohibited  participants,  minors,  or
    15  self-excluded persons.
    16    4.  Interactive gaming licensees shall develop and prominently display
    17  procedures on the main page of such interactive gaming licensee's  plat-
    18  form  for the filing of a complaint by an authorized participant against
    19  such interactive gaming licensee. An initial response shall be given  by
    20  such  interactive  gaming licensee to such authorized participant filing
    21  the complaint within forty-eight hours of receipt. A  complete  response
    22  shall  be  given  by such interactive gaming licensee to such authorized
    23  participant filing the complaint within ten business days of receipt. An
    24  authorized participant may file a complaint alleging a violation of  the
    25  provisions of this article with the commission.
    26    5. Interactive gaming licensees shall maintain records of all accounts
    27  belonging  to  authorized  participants  and  retain such records of all
    28  transactions in such accounts for the preceding  five  years,  provided,
    29  however,  that such records belonging to an authorized participant shall
    30  be readily accessible and downloadable, without cost, by such authorized
    31  participant.
    32    6. The server or other equipment  which  is  used  by  an  interactive
    33  gaming licensee to accept interactive gaming shall be physically located
    34  in  the  licensed  gaming  facility and be limited to interactive gaming
    35  related activities in accordance with  regulations  promulgated  by  the
    36  commission.
    37    7.  All  interactive gaming initiated in this state shall be deemed to
    38  take place at the licensed gaming facility where  the  server  or  other
    39  equipment  used  by an interactive gaming licensee to accept interactive
    40  gaming is located, regardless of the authorized  participant's  physical
    41  location within this state.
    42    8.  Subject  to regulations promulgated by the commission, an interac-
    43  tive gaming licensee may allow for authorized participants to sign up to
    44  create and fund accounts on its interactive gaming platform. An interac-
    45  tive gaming licensee shall adopt reasonable procedures  to  ensure  that
    46  authorized participants have no more than one interactive gaming account
    47  with  the  interactive gaming licensee. However, nothing in this article
    48  shall prohibit the use of a single account for a mobile sports  wagering
    49  account  under  section thirteen hundred sixty-seven of this chapter and
    50  an interactive gaming account set forth pursuant to this article.
    51    9. Authorized participants may deposit and withdraw funds to and  from
    52  their  account  on an interactive gaming platform through electronically
    53  recognized payment methods, including but not limited  to  credit  cards
    54  and  debit  cards,  or  via  any other means approved by the commission,
    55  provided, however, that in  the  case  of  credit  card  payments,  each
    56  authorized  participant's  account  per  licensee  shall be limited to a

        S. 4856                             8

     1  credit card spending amount of two thousand  five  hundred  dollars  per
     2  year. Provided further, such limitation shall not apply to other payment
     3  methods  or  to  debit  cards.  No  interactive gaming licensee shall be
     4  authorized to provide a line of credit to any authorized participant.
     5    § 1506. Taxation and fees. 1. For the privilege of conducting interac-
     6  tive  gaming  in the state, interactive gaming licensees shall pay a tax
     7  equivalent to thirty and one-half percent of base taxable  gross  gaming
     8  revenue  derived from interactive gaming. Interactive gaming tax revenue
     9  shall be separately maintained and returned to  the  state  for  deposit
    10  into the state lottery fund for education aid.
    11    2.  From  the state tax collected, the commission shall distribute, in
    12  conjunction with the office of addiction services and  supports,  eleven
    13  million  dollars  annually  for problem gambling education and treatment
    14  purposes.
    15    § 1507. Responsible gaming requirements. As a condition of  licensure,
    16  each operator shall implement the following measures:
    17    1.  limit  each  authorized participant to one active and continuously
    18  used account on their platform, and prevent anyone they know, or  should
    19  have  known  to  be  a  prohibited  bettor  from maintaining accounts or
    20  participating in any interactive gaming wagering offered by such  opera-
    21  tor;
    22    2.  adopt  appropriate safeguards to ensure, to a reasonable degree of
    23  certainty, that authorized participants are  physically  located  within
    24  the state when engaging in mobile interactive gaming wagering;
    25    3. prohibit minors from participating in any mobile interactive gaming
    26  wagering;
    27    4.  enable authorized participants to exclude themselves from interac-
    28  tive gaming wagering and take reasonable steps to prevent  such  bettors
    29  from engaging in wagering from which they have excluded themselves;
    30    5.  permit  any authorized participant to permanently close an account
    31  registered to such bettor, on any and all platforms  supported  by  such
    32  operator, at any time and for any reason;
    33    6.  implement  measures  to protect the privacy and online security of
    34  authorized participants and their accounts;
    35    7. list on each website, in a prominent place, information  concerning
    36  assistance  for compulsive play in New York state, including a toll-free
    37  number directing  callers  to  reputable  resources  containing  further
    38  information, which shall be free of charge;
    39    8. permit account holders to establish self-exclusion gaming limits on
    40  a  daily,  weekly,  and  monthly basis that enable the account holder to
    41  identify the maximum amount of  money  an  account  holder  may  deposit
    42  during such period of time;
    43    9. maintain a publicly accessible internet page dedicated to responsi-
    44  ble  play, a link to which shall appear on the operator's website and in
    45  any mobile application or electronic platform  on  which  an  authorized
    46  participant  may  place wagers. Such responsible play page shall include
    47  (a) a statement of the interactive gaming licensee's policy and  commit-
    48  ment  to responsible gaming, information regarding, or links to informa-
    49  tion regarding, the risks associated with  gambling  and  the  potential
    50  signs  of problem gaming; (b) the availability of self-imposed responsi-
    51  ble gaming limits; (c) a link to a problem gaming webpage maintained  by
    52  the office of addiction services and supports; and (d) such other infor-
    53  mation or statements as the commission may require by rule;
    54    10.  submit  annually a responsible gaming plan to the commission. The
    55  commission shall publish the requirements for the plan;

        S. 4856                             9
     1    11. ensure no wagering shall be based on game types  not  approved  by
     2  the commission;
     3    12.  when  an  account  holder's lifetime deposits exceed two thousand
     4  five hundred dollars, the interactive gaming licensee shall prevent  any
     5  wagering  until  the  patron  immediately  acknowledges that the account
     6  holder has met the deposit threshold and may elect to establish  respon-
     7  sible  gaming  limits  or  close the account, and the account holder has
     8  received disclosures from the mobile sports wagering operator concerning
     9  problem gambling resources. Once a patron  has  reached  their  lifetime
    10  deposit, such patron shall annually make the acknowledgement required by
    11  this subdivision; and
    12    13.  submit  annually  a  problem gaming plan that was approved by the
    13  commission in consultation with the office  of  addiction  services  and
    14  supports  that  includes (a) the objectives of and timetables for imple-
    15  menting such plan; (b) identification of  the  persons  responsible  for
    16  implementing  and  maintaining such plan; (c) procedures for identifying
    17  users with suspected or known problem gaming  behavior;  (d)  procedures
    18  for providing information to users concerning problem gaming identifica-
    19  tion and resources; (e) procedures to prevent gaming by minors and self-
    20  excluded  persons;  and (f) such other problem gaming information as the
    21  commission may require by rule.
    22    § 3. This act shall take effect immediately.
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