S T A T E   O F   N E W   Y O R K
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     S. 1183                                                  A. 1257
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print-
   ed,  and  when  printed  to  be  committed to the Committee on Racing,
   Gaming and Wagering
 
 IN ASSEMBLY -- Introduced by M. of A. PRETLOW, TAGUE,  SCHMITT,  JOYNER,
   WOERNER,  SANTABARBARA,  LUPARDO, PHEFFER AMATO, DILAN, WEPRIN, PERRY,
   FALL, AUBRY, STIRPE, TAYLOR, BURKE, RAMOS, HYNDMAN, HUNTER, GOTTFRIED,
   DE LA ROSA --  Multi-Sponsored  by  --  M.  of  A.  HEVESI,  PICHARDO,
   D. ROSENTHAL,  ROZIC,  STERN,  VANEL  -- read once and referred to the
   Committee on Racing and Wagering
 
 AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
   relation to regulation of sports betting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1367 of the racing, pari-mutuel wagering and breed-
 ing law, as added by chapter 174 of the laws of 2013, paragraphs (b) and
 (d) of subdivision 3 as amended by section 1 of part X of chapter 59  of
 the laws of 2020, is amended to read as follows:
   § 1367. Sports wagering. 1. As used in this section:
   (a)  "AFFILIATE"  MEANS  ANY OFF-TRACK BETTING CORPORATION, FRANCHISED
 CORPORATION, OR RACE TRACK LICENSED PURSUANT TO THIS CHAPTER, AN  OPERA-
 TOR  OF  VIDEO  LOTTERY  GAMING AT AQUEDUCT LICENSED PURSUANT TO SECTION
 SIXTEEN HUNDRED SEVENTEEN-A OF THE  TAX  LAW,  WHICH  HAS  AN  AFFILIATE
 AGREEMENT  WITH A CASINO PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY-SEV-
 EN-A OF THIS TITLE. ANY PROFESSIONAL SPORTS STADIUM OR ARENA  MAY  SERVE
 AS AN AFFILIATE;
   (B)  "AGENT" MEANS AN ENTITY THAT IS PARTY TO A CONTRACT WITH A CASINO
 AUTHORIZED TO OPERATE A SPORTS POOL AND IS APPROVED BY THE COMMISSION TO
 OPERATE A SPORTS POOL ON BEHALF OF SUCH CASINO;
   (C) "AUTHORIZED SPORTS BETTOR" MEANS AN INDIVIDUAL WHO  IS  PHYSICALLY
 PRESENT  IN THIS STATE WHEN PLACING A SPORTS WAGER, WHO IS NOT A PROHIB-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04631-03-1

 S. 1183                             2                            A. 1257
 
 ITED SPORTS BETTOR, THAT PARTICIPATES IN SPORTS WAGERING  OFFERED  BY  A
 CASINO.  ALL  SPORTS  WAGERS  PLACED IN ACCORDANCE WITH THIS SECTION ARE
 CONSIDERED PLACED OR OTHERWISE MADE WHEN RECEIVED BY THE OPERATOR AT THE
 LICENSED  GAMING  FACILITY, REGARDLESS OF THE AUTHORIZED SPORTS BETTOR'S
 PHYSICAL LOCATION AT THE TIME THE SPORTS WAGER IS INITIATED. THE  INTER-
 MEDIATE  ROUTING  OF  ELECTRONIC  DATA  IN CONNECTION WITH MOBILE SPORTS
 WAGERING SHALL NOT DETERMINE THE LOCATION OR LOCATIONS IN WHICH A  WAGER
 IS INITIATED, RECEIVED OR OTHERWISE MADE;
   (D)  "BRAND"  MEANS  THE  NAME  AND  LOGO ON THE INTERFACE OF A MOBILE
 APPLICATION OR INTERNET WEBSITE ACCESSED VIA A MOBILE DEVICE OR COMPUTER
 WHICH AUTHORIZED SPORTS BETTORS USE TO ACCESS A SPORTS BETTING PLATFORM;
   (E) "Casino" means a licensed gaming facility  at  which  gambling  is
 conducted pursuant to the provisions of this article;
   [(b)]  (F)  "Commission"  means the commission established pursuant to
 section one hundred two of this chapter;
   [(c)] (G) "Collegiate sport  or  athletic  event"  means  a  sport  or
 athletic  event  offered  or sponsored by or played in connection with a
 public or private institution that offers  educational  services  beyond
 the secondary level;
   [(d)]  (H)  "COVERED  PERSONS"  INCLUDES:  ATHLETES; PLAYERS; UMPIRES;
 REFEREES; OFFICIALS; PERSONNEL ASSOCIATED WITH  PLAYERS,  CLUBS,  TEAMS,
 LEAGUES,  AND  ATHLETIC  ASSOCIATIONS;  MEDICAL PROFESSIONALS, INCLUDING
 ATHLETIC TRAINERS WHO PROVIDE SERVICES TO ATHLETES AND PLAYERS; AND  THE
 FAMILY  MEMBERS  AND ASSOCIATES OF THESE PERSONS WHERE REQUIRED TO SERVE
 THE PURPOSES OF THIS TITLE;
   (I) "EXCHANGE WAGERING" MEANS A FORM OF WAGERING IN WHICH  AN  AUTHOR-
 IZED  SPORTS  BETTOR, ON THE ONE HAND, AND ONE OR MORE AUTHORIZED SPORTS
 BETTORS, A CASINO OR AN AGENT OR AN OPERATOR, ON THE  OTHER  HAND  PLACE
 IDENTICALLY  OPPOSING  SPORTS WAGERS ON AN EXCHANGE OPERATED BY A CASINO
 OR AN AGENT OR AN OPERATOR;
   (J) "GLOBAL RISK MANAGEMENT" MEANS THE DIRECTION, MANAGEMENT,  CONSUL-
 TATION AND/OR INSTRUCTION FOR PURPOSES OF MANAGING RISKS ASSOCIATED WITH
 SPORTS  WAGERING  CONDUCTED  PURSUANT  TO  THIS SECTION AND INCLUDES THE
 SETTING AND ADJUSTMENT OF BETTING LINES,  POINT  SPREADS,  OR  ODDS  AND
 WHETHER TO PLACE LAYOFF BETS AS PERMITTED BY THIS SECTION;
   (K)  "HIGH  SCHOOL  SPORT OR ATHLETIC EVENT" MEANS A SPORT OR ATHLETIC
 EVENT OFFERED OR SPONSORED BY OR PLAYED IN CONNECTION WITH A  PUBLIC  OR
 PRIVATE  INSTITUTION  THAT  OFFERS  EDUCATION  SERVICES AT THE SECONDARY
 LEVEL;
   (L) "HORSE RACING EVENT" MEANS ANY SPORT OR ATHLETIC  EVENT  CONDUCTED
 IN  NEW  YORK  STATE  SUBJECT  TO THE PROVISIONS OF ARTICLES TWO, THREE,
 FOUR, FIVE, SIX, NINE, TEN AND ELEVEN OF THIS CHAPTER, OR ANY  SPORT  OR
 ATHLETIC  EVENT  CONDUCTED OUTSIDE OF NEW YORK STATE, WHICH IF CONDUCTED
 IN NEW YORK STATE WOULD BE SUBJECT TO THE PROVISIONS OF THIS CHAPTER;
   (M) "IN-PLAY SPORTS WAGER" MEANS A SPORTS WAGER  PLACED  ON  A  SPORTS
 EVENT AFTER THE SPORTS EVENT HAS BEGUN AND BEFORE IT ENDS;
   (N)  "LAYOFF  BET" MEANS A SPORTS WAGER PLACED BY A CASINO SPORTS POOL
 WITH ANOTHER CASINO SPORTS POOL;
   (O) "MINOR" MEANS ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS;
   (P) "MOBILE SPORTS WAGERING PLATFORM" OR "PLATFORM" MEANS THE COMBINA-
 TION OF HARDWARE, SOFTWARE, AND DATA NETWORKS USED TO  MANAGE,  ADMINIS-
 TER,  OR CONTROL SPORTS WAGERING AND ANY ASSOCIATED WAGERS ACCESSIBLE BY
 ANY ELECTRONIC MEANS INCLUDING MOBILE APPLICATIONS AND INTERNET WEBSITES
 ACCESSED VIA A MOBILE DEVICE OR COMPUTER;
   (Q) "OFFICIAL LEAGUE DATA" MEANS STATISTICS,  RESULTS,  OUTCOMES,  AND
 OTHER DATA RELATING TO A SPORTING EVENT THAT HAVE BEEN OBTAINED FROM THE

 S. 1183                             3                            A. 1257
 
 RELEVANT  SPORTS  GOVERNING  BODY  THAT  IS  HEADQUARTERED IN THE UNITED
 STATES OR AN ENTITY EXPRESSLY AUTHORIZED BY THE SPORTS GOVERNING BODY TO
 PROVIDE SUCH INFORMATION TO CASINOS;
   (R)  "Operator"  means  a casino which has elected to operate a sports
 pool (OR AGENT OF SUCH CASINO) OR AN INDIAN TRIBE (OR AN AGENT  OF  SUCH
 INDIAN  TRIBE)  THAT  HAS  ENTERED INTO A TRIBAL-STATE GAMING COMPACT IN
 ACCORDANCE WITH THE INDIAN GAMING REGULATORY ACT 25 U.S.C. 2710, THAT IS
 IN EFFECT AND HAS BEEN RATIFIED BY THE STATE  AND  HAS  ENTERED  INTO  A
 SPORTS  WAGERING  AGREEMENT  PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY-
 SEVEN-A OF THIS TITLE;
   (S) "PERSONS WHO PRESENT SPORTING CONTESTS" INCLUDES SPORTS  GOVERNING
 BODIES AND ASSOCIATIONS, THEIR MEMBERS AND AFFILIATES, AND OTHER PERSONS
 WHO PRESENT SPORTING CONTESTS TO THE PUBLIC;
   [(e)]  (T)  "Professional  sport  or athletic event" means an event at
 which two or more persons participate in sports or athletic  events  and
 receive  compensation  in  excess  of  actual expenses for their partic-
 ipation in such event;
   (U) "PROHIBITED CONDUCT" MEANS ANY STATEMENT, ACTION, AND OTHER COMMU-
 NICATION INTENDED TO INFLUENCE, MANIPULATE, OR CONTROL A BETTING OUTCOME
 OF A SPORTING CONTEST OR OF ANY INDIVIDUAL OCCURRENCE OR PERFORMANCE  IN
 A  SPORTING CONTEST IN EXCHANGE FOR FINANCIAL GAIN OR TO AVOID FINANCIAL
 OR PHYSICAL HARM. "PROHIBITED CONDUCT" INCLUDES STATEMENTS, ACTIONS, AND
 COMMUNICATIONS MADE TO A COVERED PERSON BY A  THIRD  PARTY,  SUCH  AS  A
 FAMILY MEMBER OR THROUGH SOCIAL MEDIA;
   (V)  "PROFESSIONAL SPORTS STADIUM OR ARENA" MEANS A STADIUM, BALLPARK,
 OR ARENA THAT IS THE PERMANENT HOME OF A PROFESSIONAL SPORTS TEAM  PLAY-
 ING  AT  THE  HIGHEST  PROFESSIONAL LEVEL IN ITS SPORT AND HAS A SEATING
 CAPACITY FOR SUCH CONTESTS EXCEEDING FIFTEEN THOUSAND SEATS;
   (W) "PROHIBITED SPORTS BETTOR" MEANS:
   (I) ANY OFFICER OR EMPLOYEE OF THE COMMISSION;
   (II) ANY PRINCIPAL OR KEY EMPLOYEE OF A CASINO OR OPERATOR, EXCEPT  AS
 MAY BE PERMITTED BY THE COMMISSION FOR GOOD CAUSE SHOWN;
   (III)  ANY  CASINO  GAMING  OR  NON-GAMING EMPLOYEE AT THE CASINO THAT
 EMPLOYS SUCH PERSON AND AT ANY OPERATOR THAT HAS AN AGREEMENT WITH  THAT
 CASINO;
   (IV)  ANY  CONTRACTOR,  SUBCONTRACTOR,  OR  CONSULTANT,  OR OFFICER OR
 EMPLOYEE OF A CONTRACTOR, SUBCONTRACTOR, OR CONSULTANT, OF A  CASINO  IF
 SUCH  PERSON  IS  DIRECTLY  INVOLVED  IN THE OPERATION OR OBSERVATION OF
 SPORTS  WAGERING,  OR  THE  PROCESSING  OF  SPORTS  WAGERING  CLAIMS  OR
 PAYMENTS;
   (V)  ANY  PERSON  SUBJECT  TO  A  CONTRACT WITH THE COMMISSION IF SUCH
 CONTRACT CONTAINS A PROVISION PROHIBITING SUCH PERSON FROM PARTICIPATING
 IN SPORTS WAGERING;
   (VI) ANY SPOUSE, CHILD, BROTHER, SISTER OR PARENT RESIDING AS A MEMBER
 OF THE SAME HOUSEHOLD IN THE PRINCIPAL PLACE OF  ABODE  OF  ANY  OF  THE
 FOREGOING  PERSONS  AT  THE  SAME  CASINO  WHERE THE FOREGOING PERSON IS
 PROHIBITED FROM PARTICIPATING IN SPORTS WAGERING;
   (VII) ANY INDIVIDUAL WITH ACCESS TO NON-PUBLIC  CONFIDENTIAL  INFORMA-
 TION ABOUT SPORTS WAGERING;
   (VIII)  ANY  AMATEUR  OR  PROFESSIONAL  ATHLETE IF THE SPORTS WAGER IS
 BASED ON ANY SPORT OR ATHLETIC EVENT OVERSEEN BY  THE  ATHLETE'S  SPORTS
 GOVERNING BODY;
   (IX)  ANY SPORTS AGENT, OWNER OR EMPLOYEE OF A TEAM, PLAYER AND UMPIRE
 UNION PERSONNEL, AND EMPLOYEE REFEREE, COACH OR  OFFICIAL  OF  A  SPORTS
 GOVERNING  BODY,  IF  THE SPORTS WAGER IS BASED ON ANY SPORT OR ATHLETIC
 EVENT OVERSEEN BY THE INDIVIDUAL'S SPORTS GOVERNING BODY;

 S. 1183                             4                            A. 1257
 
   (X) ANY INDIVIDUAL PLACING A WAGER AS AN AGENT OR PROXY FOR AN  OTHER-
 WISE PROHIBITED SPORTS BETTOR; OR
   (XI) ANY MINOR;
   [(f)]  (X)  "Prohibited  sports  event"  means any collegiate sport or
 athletic event that takes place in New York or a sport or athletic event
 in which any New York college team participates regardless of where  the
 event takes place, OR HIGH SCHOOL SPORT OR ATHLETIC EVENT;
   [(g)]  (Y) "REGISTERED SPORTS GOVERNING BODY" MEANS A SPORTS GOVERNING
 BODY THAT IS HEADQUARTERED IN THE UNITED STATES AND WHO  HAS  REGISTERED
 WITH  THE  COMMISSION TO RECEIVE ROYALTY FEE REVENUE IN SUCH FORM AS THE
 COMMISSION MAY REQUIRE;
   (Z) "Sports event" means any professional sport or athletic event  and
 any collegiate sport or athletic event, except a prohibited sports event
 OR A HORSE RACING EVENT;
   [(h)]  (AA)  "SPORTS  GOVERNING  BODY"  MEANS  THE  ORGANIZATION  THAT
 PRESCRIBES FINAL RULES AND ENFORCES CODES OF CONDUCT WITH RESPECT  TO  A
 SPORTING EVENT AND PARTICIPANTS THEREIN;
   (BB)  "Sports  pool"  means  the  business  of accepting wagers on any
 sports event by any system or method of wagering; [and
   (i)] (CC) "SPORTS WAGER" MEANS CASH OR CASH EQUIVALENT THAT IS PAID BY
 AN AUTHORIZED SPORTS BETTOR TO A CASINO TO PARTICIPATE IN SPORTS  WAGER-
 ING OFFERED BY SUCH CASINO;
   (DD)  "SPORTS  WAGERING"  MEANS  WAGERING  ON  SPORTING  EVENTS OR ANY
 PORTION THEREOF, OR ON THE INDIVIDUAL PERFORMANCE STATISTICS OF ATHLETES
 PARTICIPATING IN A SPORTING EVENT, OR COMBINATION OF SPORTING EVENTS, BY
 ANY SYSTEM OR METHOD OF WAGERING, INCLUDING, BUT NOT LIMITED TO, IN-PER-
 SON COMMUNICATION AND ELECTRONIC COMMUNICATION THROUGH INTERNET WEBSITES
 ACCESSED VIA A MOBILE DEVICE OR COMPUTER AND MOBILE DEVICE APPLICATIONS.
 ANY WAGER THROUGH ELECTRONIC COMMUNICATION SHALL BE DEEMED TO TAKE PLACE
 AT THE PHYSICAL LOCATION OF THE SERVER OR OTHER  EQUIPMENT  USED  BY  AN
 OPERATOR  TO ACCEPT MOBILE SPORTS WAGERING, REGARDLESS OF THE AUTHORIZED
 SPORTS BETTOR'S PHYSICAL LOCATION WITHIN THE STATE AT THE TIME THE WAGER
 IS INITIATED. THE TERM "SPORTS  WAGERING"  SHALL  INCLUDE,  BUT  IS  NOT
 LIMITED  TO,  SINGLE-GAME  BETS,  TEASER BETS, PARLAYS, OVER-UNDER BETS,
 MONEY LINE, POOLS, EXCHANGE WAGERING, IN-GAME  WAGERING,  IN-PLAY  BETS,
 PROPOSITION BETS AND STRAIGHT BETS;
   (EE)  "SPORTS  WAGERING  GROSS REVENUE" MEANS: (I) THE AMOUNT EQUAL TO
 THE TOTAL OF ALL SPORTS WAGERS NOT  ATTRIBUTABLE  TO  PROHIBITED  SPORTS
 EVENTS THAT AN OPERATOR COLLECTS FROM ALL PLAYERS, LESS THE TOTAL OF ALL
 SUMS  NOT  ATTRIBUTABLE TO PROHIBITED SPORTS EVENTS PAID OUT AS WINNINGS
 TO ALL SPORTS BETTORS, HOWEVER, THAT THE TOTAL OF ALL SUMS PAID  OUT  AS
 WINNINGS  TO  SPORTS BETTORS SHALL NOT INCLUDE THE CASH EQUIVALENT VALUE
 OF ANY MERCHANDISE OR THING OF VALUE AWARDED AS A PRIZE, OR (II) IN  THE
 CASE  OF  EXCHANGE  WAGERING PURSUANT TO THIS SECTION, THE COMMISSION ON
 WINNING SPORTS WAGERS BY AUTHORIZED SPORTS BETTORS RETAINED BY THE OPER-
 ATOR. THE ISSUANCE TO OR WAGERING BY  AUTHORIZED  SPORTS  BETTORS  AT  A
 CASINO  OF  ANY  PROMOTIONAL  GAMING CREDIT SHALL NOT BE TAXABLE FOR THE
 PURPOSES OF DETERMINING SPORTS WAGERING GROSS REVENUE;
   (FF) "Sports wagering lounge" means an area wherein a sports  pool  is
 operated;
   (GG)  "TIER  ONE SPORTS WAGER" MEANS A SPORTS WAGER THAT IS DETERMINED
 SOLELY BY THE FINAL SCORE OR FINAL OUTCOME OF THE SPORTS EVENT;
   (HH) "TIER TWO SPORTS WAGER" MEANS AN IN-PLAY SPORTS WAGER THAT IS NOT
 A TIER ONE SPORTS WAGER;
   (II) "TIER THREE SPORTS WAGER" MEANS A SPORTS WAGER THAT IS NEITHER  A
 TIER ONE NOR A TIER TWO SPORTS WAGER; AND

 S. 1183                             5                            A. 1257

   (JJ)  "INDIAN TRIBE" MEANS AN INDIAN TRIBE (OR AN AGENT OF SUCH TRIBE)
 THAT HAS ENTERED INTO A TRIBAL-STATE GAMING COMPACT IN  ACCORDANCE  WITH
 THE  INDIAN  GAMING REGULATORY ACT OF 1988 (18 U.S.C. SEC. 1166 TO 1168,
 INCLUSIVE, AND 25 U.S.C. SEC. 2701 ET SEQ.) WHICH HAS BEEN  RATIFIED  BY
 THE STATE;
   (KK) "UNUSUAL BETTING ACTIVITY" MEANS ABNORMAL BETTING ACTIVITY EXHIB-
 ITED BY PATRONS AND DEEMED BY THE CASINO OR OPERATION, PURSUANT TO RULES
 AND  REGULATIONS PROMULGATED BY THE COMMISSION, AS A POTENTIAL INDICATOR
 OF SUSPICIOUS ACTIVITY. ABNORMAL BETTING ACTIVITY MAY  INCLUDE,  BUT  IS
 NOT LIMITED TO, THE SIZE OF A PATRON'S WAGER OR INCREASED BETTING VOLUME
 ON A PARTICULAR EVENT OR WAGER TYPE;
   (LL) "SUSPICIOUS BETTING ACTIVITY" MEANS UNUSUAL BETTING ACTIVITY THAT
 CANNOT  BE EXPLAINED AND IS INDICATIVE OF MATCH FIXING, THE MANIPULATION
 OF AN EVENT, MISUSE OF INSIDE INFORMATION, OR OTHER PROHIBITED ACTIVITY;
 AND
   (MM) "INDEPENDENT INTEGRITY MONITOR" MEANS AN  INDEPENDENT  INDIVIDUAL
 OR  ENTITY  APPROVED  BY  THE  COMMISSION  TO RECEIVE REPORTS OF UNUSUAL
 BETTING ACTIVITY FROM A CASINO OR OPERATOR FOR THE PURPOSE OF  ASSISTING
 IN IDENTIFYING SUSPICIOUS BETTING ACTIVITY.
   2.  [No gaming facility may conduct sports wagering until such time as
 there has been a change in federal law authorizing such or upon a ruling
 of a court of competent jurisdiction that such activity is lawful.
   3.] (a) In addition  to  authorized  gaming  activities,  a  [licensed
 gaming  facility] CASINO may [when authorized by subdivision two of this
 section] operate a sports pool upon the approval of the  commission  and
 in  accordance  with the provisions of this section and applicable regu-
 lations promulgated pursuant to this article. The commission shall  hear
 and  decide  promptly  and  in  reasonable  order all applications for a
 license to operate a sports pool, shall have the general  responsibility
 for  the  implementation of this section and shall have all other duties
 specified in this section with regard to the operation of a sports pool.
 The license to operate a sports pool shall be in addition to  any  other
 license  required to be issued to operate a [gaming facility] CASINO. No
 license to operate a sports pool shall be issued by  the  commission  to
 any  entity unless it has established its financial stability, integrity
 and responsibility and its good character, honesty and integrity.
   No later than five years after the date of the issuance of  a  license
 and  every  five  years  thereafter or within such lesser periods as the
 commission may direct, a licensee shall submit to  the  commission  such
 documentation  or  information  as  the  commission  may  by  regulation
 require, to demonstrate to the satisfaction of the executive director of
 the commission that the licensee continues to meet the  requirements  of
 the law and regulations.
   (b) AS A CONDITION OF LICENSURE THE COMMISSION SHALL REQUIRE THAT EACH
 AGENT AUTHORIZED TO CONDUCT SPORTS WAGERING PAY A ONE-TIME FEE OF TWELVE
 MILLION  DOLLARS.  SUCH  FEE  SHALL BE PAID WITHIN THIRTY DAYS OF GAMING
 COMMISSION APPROVAL PRIOR TO LICENSE ISSUANCE  AND  DEPOSITED  INTO  THE
 COMMERCIAL  GAMING REVENUE FUND ESTABLISHED PURSUANT TO SECTION THIRTEEN
 HUNDRED FIFTY-TWO OF THIS ARTICLE.
   (C) A sports pool shall  be  operated  in  a  sports  wagering  lounge
 located  at  a  casino.  The  lounge  shall  conform to all requirements
 concerning square footage,  design,  equipment,  security  measures  and
 related  matters  which  the  commission  shall by regulation prescribe.
 Provided, however, the commission may also approve additional  locations
 for a sports pool within the casino, in areas that have been approved by

 S. 1183                             6                            A. 1257
 
 the  commission  for  the  conduct  of other gaming, to be operated in a
 manner and methodology as regulation shall prescribe.
   [(c)] (D) The operator of a sports pool shall establish or display the
 odds at which wagers may be placed on sports events.
   [(d)]  (E)  An operator shall accept wagers on sports events only from
 persons physically present in the sports wagering lounge, THROUGH MOBILE
 SPORTS WAGERING OFFERED PURSUANT TO SECTION THIRTEEN HUNDRED  SIXTY-SEV-
 EN-A OF THIS TITLE, or any additional locations for a sports pool within
 the  casino, approved by the gaming commission. A person placing a wager
 shall be at least twenty-one years of age.
   [(e)] (F) AN OPERATOR MAY ALSO ACCEPT  LAYOFF  BETS  AS  LONG  AS  THE
 AUTHORIZED SPORTS POOL PLACES SUCH WAGERS WITH ANOTHER AUTHORIZED SPORTS
 POOL OR POOLS IN ACCORDANCE WITH REGULATIONS OF THE COMMISSION. A SPORTS
 POOL THAT PLACES A LAYOFF BET SHALL INFORM THE SPORTS POOL ACCEPTING THE
 WAGER THAT THE WAGER IS BEING PLACED BY A SPORTS POOL AND SHALL DISCLOSE
 ITS IDENTITY.
   (G)  AN  OPERATOR  MAY  UTILIZE GLOBAL RISK MANAGEMENT PURSUANT TO THE
 APPROVAL OF THE COMMISSION.
   (H) An operator shall not admit into the sports  wagering  lounge,  or
 accept wagers from, any person whose name appears on the exclusion list.
   [(f)]  (I)  The  holder  of  a  license  to  operate a sports pool may
 contract with an [entity] AGENT to conduct ANY OR ALL  ASPECTS  OF  that
 operation,  OR  THE OPERATION OF MOBILE SPORTS WAGERING OFFERED PURSUANT
 TO SECTION THIRTEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE,  INCLUDING  BUT
 NOT LIMITED TO BRAND, MARKETING AND CUSTOMER SERVICE, in accordance with
 the regulations of the commission. [That entity] EACH AGENT shall obtain
 a  license  as  a casino vendor enterprise prior to the execution of any
 such contract,  and  such  license  shall  be  issued  pursuant  to  the
 provisions  of  section  one thousand three hundred twenty-seven of this
 article and in  accordance  with  the  regulations  promulgated  by  the
 commission.
   [(g)]  (J)  If any provision of this article or its application to any
 person or circumstance is held invalid, the invalidity shall not  affect
 other  provisions  or  applications  of  this article which can be given
 effect without the invalid provision or application, and to this end the
 provisions of this article are severable.
   [4.] 3. (a) All persons employed directly in  wagering-related  activ-
 ities  conducted  within a sports wagering lounge shall be licensed as a
 casino key employee or registered as a gaming employee, as determined by
 the commission. All other employees who are working in the sports wager-
 ing lounge may be required to be registered, if appropriate, in  accord-
 ance with regulations of the commission.
   (b)  Each operator of a sports pool shall designate one or more casino
 key employees who shall be responsible for the operation of  the  sports
 pool.  At  least  one  such casino key employee shall be on the premises
 whenever sports wagering is conducted.
   [5.] 4. Except as otherwise provided by this article,  the  commission
 shall  have  the  authority  to regulate sports pools and the conduct of
 sports wagering under this article to the same extent that  the  commis-
 sion  regulates other gaming. No casino shall be authorized to operate a
 sports pool unless  it  has  produced  information,  documentation,  and
 assurances  concerning its financial background and resources, including
 cash reserves, that are sufficient to demonstrate that it has the finan-
 cial stability, integrity, and responsibility to operate a sports  pool.
 In  developing  rules and regulations applicable to sports wagering, the
 commission shall examine the regulations  implemented  in  other  states

 S. 1183                             7                            A. 1257
 
 where  sports  wagering  is  conducted and shall, as far as practicable,
 adopt a similar regulatory framework. The  commission  shall  promulgate
 regulations  necessary  to  carry  out  the  provisions of this section,
 including, but not limited to, regulations governing the:
   (a)  amount  of  cash  reserves to be maintained by operators to cover
 winning wagers;
   (b) acceptance of wagers on a series of sports events;
   (c) maximum wagers which may be accepted by an operator from  any  one
 patron on any one sports event;
   (d) type of wagering tickets which may be used;
   (e) method of issuing tickets;
   (f) method of accounting to be used by operators;
   (g) types of records which shall be kept;
   (h) use of credit and checks by [patrons] AUTHORIZED SPORTS BETTORS;
   (i) THE PROCESS BY WHICH A CASINO MAY PLACE A LAYOFF BET;
   (J) THE USE OF GLOBAL RISK MANAGEMENT;
   (K) type of system for wagering; and
   [(j)] (L) protections for a person placing a wager.
   [6.]  5. Each operator shall adopt comprehensive house rules governing
 sports  wagering  transactions  with  its  [patrons]  AUTHORIZED  SPORTS
 BETTORS.    The  rules  shall  specify the amounts to be paid on winning
 wagers and the effect of schedule changes.   The house  rules,  together
 with  any  other  information the commission deems appropriate, shall be
 conspicuously displayed in the sports wagering lounge  and  included  in
 the  terms  and  conditions  of  the account wagering system, and copies
 shall be made readily available to [patrons] AUTHORIZED SPORTS BETTORS.
   6. (A) EACH CASINO THAT OFFERS SPORTS WAGERING SHALL ANNUALLY SUBMIT A
 REPORT TO THE COMMISSION NO LATER THAN THE TWENTY-EIGHTH OF FEBRUARY  OF
 EACH YEAR, WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
   (I)  THE TOTAL AMOUNT OF SPORTS WAGERS RECEIVED FROM AUTHORIZED SPORTS
 BETTORS;
   (II) THE TOTAL AMOUNT OF PRIZES AWARDED TO AUTHORIZED SPORTS BETTORS;
   (III) THE TOTAL AMOUNT OF SPORTS WAGERING GROSS  REVENUE  RECEIVED  BY
 THE CASINO;
   (IV)  THE  TOTAL  AMOUNT CONTRIBUTED IN SPORTS BETTING ROYALTY REVENUE
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION;
   (V) THE TOTAL AMOUNT OF  WAGERS  RECEIVED  ON  EACH  SPORTS  GOVERNING
 BODY'S SPORTING EVENTS;
   (VI) THE NUMBER OF ACCOUNTS HELD BY AUTHORIZED SPORTS BETTORS;
   (VII)  THE  TOTAL  NUMBER OF NEW ACCOUNTS ESTABLISHED IN THE PRECEDING
 YEAR, AS WELL AS THE TOTAL NUMBER OF ACCOUNTS PERMANENTLY CLOSED IN  THE
 PRECEDING YEAR;
   (VIII) THE TOTAL NUMBER OF AUTHORIZED SPORTS BETTORS THAT REQUESTED TO
 EXCLUDE THEMSELVES FROM SPORTS WAGERING; AND
   (IX) ANY ADDITIONAL INFORMATION THAT THE COMMISSION DEEMS NECESSARY TO
 CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   (B) UPON THE SUBMISSION OF SUCH ANNUAL REPORT, TO SUCH EXTENT THAT THE
 COMMISSION  DEEMS  IT TO BE IN THE PUBLIC INTEREST, THE COMMISSION SHALL
 BE AUTHORIZED TO CONDUCT A FINANCIAL AUDIT OF ANY CASINO, AT  ANY  TIME,
 TO ENSURE COMPLIANCE WITH THIS ARTICLE.
   (C) THE COMMISSION SHALL ANNUALLY PUBLISH A REPORT BASED ON THE AGGRE-
 GATE  INFORMATION  PROVIDED  BY ALL CASINOS PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION, WHICH SHALL BE PUBLISHED ON THE  COMMISSION'S  WEBSITE
 NO  LATER  THAN  ONE  HUNDRED  EIGHTY  DAYS  AFTER  THE DEADLINE FOR THE
 SUBMISSION OF INDIVIDUAL REPORTS AS SPECIFIED IN SUCH PARAGRAPH (A).

 S. 1183                             8                            A. 1257
 
   7. (A) WITHIN THIRTY DAYS OF THE END OF EACH CALENDAR QUARTER, A CASI-
 NO OFFERING SPORTS WAGERING SHALL  REMIT  TO  THE  COMMISSION  A  SPORTS
 WAGERING  ROYALTY  FEE  OF  ONE-FIFTH (.20) OF ONE PERCENT OF THE AMOUNT
 WAGERED ON  SPORTS  EVENTS  CONDUCTED  BY  REGISTERED  SPORTS  GOVERNING
 BODIES.    THE  FEE  SHALL  BE  REMITTED ON A FORM AS THE COMMISSION MAY
 REQUIRE, ON WHICH THE CASINO SHALL IDENTIFY THE PERCENTAGE  OF  WAGERING
 DURING  THE  REPORTING  PERIOD  ATTRIBUTABLE  TO  EACH  REGISTERED SPORT
 GOVERNING BODY'S SPORTS EVENTS.
   (B) NO LATER THAN THE THIRTIETH OF APRIL OF EACH  YEAR,  A  REGISTERED
 SPORTS GOVERNING BODY MAY SUBMIT A CLAIM FOR DISBURSEMENT OF THE ROYALTY
 FEE  FUNDS  REMITTED  BY  CASINOS IN THE PREVIOUS CALENDAR YEAR ON THEIR
 RESPECTIVE SPORTS EVENTS. WITHIN THIRTY DAYS OF SUBMITTING ITS CLAIM FOR
 DISBURSEMENT, THE REGISTERED SPORTS GOVERNING BODY SHALL MEET  WITH  THE
 COMMISSION  TO  PROVIDE THE COMMISSION WITH EVIDENCE OF POLICIES, PROCE-
 DURES AND TRAINING PROGRAMS IT HAS IMPLEMENTED TO PROTECT THE  INTEGRITY
 OF ITS SPORTS EVENTS.
   (C)  WITHIN  THIRTY  DAYS  OF  ITS  MEETING WITH THE REGISTERED SPORTS
 GOVERNING  BODY,  THE  COMMISSION  SHALL  APPROVE  A  TIMELY  CLAIM  FOR
 DISBURSEMENT.
   (D)  (I) PERSONS WHO PRESENT SPORTING CONTESTS SHALL HAVE AUTHORITY TO
 REMOVE SPECTATORS AND OTHERS FROM ANY FACILITY FOR VIOLATION ANY  APPLI-
 CABLE  CODES  OF  CONDUCT,  AND TO DENY PERSONS ACCESS TO ALL FACILITIES
 THEY CONTROL, TO REVOKE SEASON TICKETS OR COMPARABLE  LICENSES,  AND  TO
 SHARE  INFORMATION  ABOUT  SUCH PERSONS WITH OTHERS WHO PRESENT SPORTING
 CONTESTS AND WITH THE APPROPRIATE JURISDICTIONS' LAW ENFORCEMENT AUTHOR-
 ITIES.
   (II) PERSONS WHO PRESENT SPORTING CONTESTS SHALL PROVIDE NOTICE TO THE
 GENERAL PUBLIC AND THOSE WHO ATTEND SPORTING  CONTESTS  OR  VISIT  THEIR
 FACILITIES  OF  ANY APPLICABLE CODES OF CONDUCT AND THE POTENTIAL PENAL-
 TIES FOR VIOLATING SUCH CODES.
   8. FOR THE PRIVILEGE OF CONDUCTING SPORTS WAGERING IN THE STATE, CASI-
 NOS SHALL PAY A TAX EQUIVALENT TO EIGHT AND ONE-HALF  PERCENT  OF  THEIR
 SPORTS  WAGERING  GROSS REVENUE, EXCLUDING SPORTS WAGERING GROSS REVENUE
 ATTRIBUTED TO MOBILE SPORTS WAGERING OFFERED PURSUANT TO  SECTION  THIR-
 TEEN HUNDRED SIXTY-SEVEN-A OF THIS TITLE. CASINOS SHALL PAY A TAX EQUIV-
 ALENT  OF  TWELVE  PERCENT OF THEIR SPORTS WAGERING GROSS REVENUE ATTRI-
 BUTED TO MOBILE SPORTS WAGERING OFFERED  PURSUANT  TO  SECTION  THIRTEEN
 HUNDRED SIXTY-SEVEN-A OF THIS TITLE.
   9.  THE  COMMISSION  SHALL PAY INTO THE COMMERCIAL GAMING REVENUE FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NNNN OF THE  STATE  FINANCE
 LAW  EIGHTY-FIVE  PERCENT  OF THE STATE TAX IMPOSED BY THIS SECTION; ANY
 INTEREST AND PENALTIES IMPOSED  BY  THE  COMMISSION  RELATING  TO  THOSE
 TAXES;  ALL  PENALTIES  LEVIED  AND COLLECTED BY THE COMMISSION; AND THE
 APPROPRIATE FUNDS, CASH OR PRIZES FORFEITED FROM  SPORTS  WAGERING.  THE
 COMMISSION SHALL PAY INTO THE COMMERCIAL GAMING FUND FIVE PERCENT OF THE
 STATE TAX IMPOSED BY THIS SECTION TO BE DISTRIBUTED FOR PROBLEM GAMBLING
 EDUCATION  AND TREATMENT PURPOSES PURSUANT TO PARAGRAPH A OF SUBDIVISION
 FOUR OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW. THE  COMMIS-
 SION SHALL PAY INTO THE COMMERCIAL GAMING FUND FIVE PERCENT OF THE STATE
 TAX IMPOSED BY THIS SECTION TO BE DISTRIBUTED FOR THE COST OF REGULATION
 PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF SECTION NINETY-SEVEN-NNNN
 OF  THE  STATE FINANCE LAW. THE COMMISSION SHALL PAY INTO THE COMMERCIAL
 GAMING FUND FIVE PERCENT OF THE STATE TAX IMPOSED BY THIS SECTION TO  BE
 DISTRIBUTED  IN  THE  SAME  FORMULA AS MARKET ORIGIN CREDITS PURSUANT TO
 SECTION ONE HUNDRED FIFTEEN-B OF  THIS  CHAPTER.  THE  COMMISSION  SHALL
 REQUIRE AT LEAST MONTHLY DEPOSITS BY THE CASINO OF ANY PAYMENTS PURSUANT

 S. 1183                             9                            A. 1257
 
 TO  SUBDIVISION  EIGHT OF THIS SECTION, AT SUCH TIMES, UNDER SUCH CONDI-
 TIONS, AND IN SUCH DEPOSITORIES AS SHALL  BE  PRESCRIBED  BY  THE  STATE
 COMPTROLLER.  THE DEPOSITS SHALL BE DEPOSITED TO THE CREDIT OF THE STATE
 COMMERCIAL  GAMING  REVENUE FUND. THE COMMISSION SHALL REQUIRE A MONTHLY
 REPORT AND RECONCILIATION STATEMENT TO BE FILED WITH IT ON OR BEFORE THE
 TENTH DAY OF EACH MONTH, WITH RESPECT TO  GROSS  REVENUES  AND  DEPOSITS
 RECEIVED AND MADE, RESPECTIVELY, DURING THE PRECEDING MONTH.
   10.  THE  COMMISSION  MAY PERFORM AUDITS OF THE BOOKS AND RECORDS OF A
 CASINO, AT SUCH TIMES AND INTERVALS AS IT  DEEMS  APPROPRIATE,  FOR  THE
 PURPOSE  OF  DETERMINING  THE  SUFFICIENCY  OF TAX PAYMENTS. IF A RETURN
 REQUIRED WITH REGARD TO OBLIGATIONS IMPOSED IS NOT FILED, OR IF A RETURN
 WHEN FILED OR IS DETERMINED BY THE COMMISSION TO BE INCORRECT OR  INSUF-
 FICIENT  WITH OR WITHOUT AN AUDIT, THE AMOUNT OF TAX DUE SHALL BE DETER-
 MINED BY THE COMMISSION. NOTICE OF SUCH DETERMINATION SHALL BE GIVEN  TO
 THE  CASINO  LIABLE FOR THE PAYMENT OF THE TAX. SUCH DETERMINATION SHALL
 FINALLY AND IRREVOCABLY FIX THE TAX UNLESS THE CASINO AGAINST WHOM IT IS
 ASSESSED, WITHIN THIRTY DAYS AFTER RECEIVING  NOTICE  OF  SUCH  DETERMI-
 NATION,  SHALL  APPLY TO THE COMMISSION FOR A HEARING IN ACCORDANCE WITH
 THE REGULATIONS OF THE COMMISSION.
   11. NOTHING IN THIS SECTION SHALL APPLY TO INTERACTIVE FANTASY  SPORTS
 OFFERED  PURSUANT  TO  ARTICLE FOURTEEN OF THIS CHAPTER. NOTHING IN THIS
 SECTION AUTHORIZES ANY ENTITY THAT CONDUCTS INTERACTIVE  FANTASY  SPORTS
 OFFERED  PURSUANT  TO ARTICLE FOURTEEN OF THIS CHAPTER TO CONDUCT SPORTS
 WAGERING UNLESS IT SEPARATELY QUALIFIES FOR, AND OBTAINS,  AUTHORIZATION
 PURSUANT TO THIS SECTION.
   12.  A  CASINO THAT IS ALSO LICENSED UNDER ARTICLE THREE OF THIS CHAP-
 TER, AND MUST MAINTAIN RACING PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
 ONE  OF  SECTION  THIRTEEN  HUNDRED FIFTY-FIVE OF THIS ARTICLE, SHALL BE
 ALLOWED TO OFFER PARI-MUTUEL WAGERING ON HORSE RACING EVENTS IN  ACCORD-
 ANCE  WITH  THEIR LICENSE UNDER ARTICLE THREE OF THIS CHAPTER.  NOTWITH-
 STANDING SUBPARAGRAPH (II) OF PARAGRAPH C OF SUBDIVISION TWO OF  SECTION
 ONE  THOUSAND  EIGHT  OF  THIS  CHAPTER, A CASINO LOCATED IN THE CITY OF
 SCHENECTADY SHALL BE ALLOWED TO  OFFER  PARI-MUTUEL  WAGERING  ON  HORSE
 RACING  EVENTS, PROVIDED SUCH WAGERING IS CONDUCTED BY THE REGIONAL OFF-
 TRACK BETTING CORPORATION IN SUCH REGION AS THE CASINO IS LOCATED.   ANY
 OTHER  CASINO  SHALL  BE  ALLOWED TO OFFER PARI-MUTUEL WAGERING ON HORSE
 RACING EVENTS, PROVIDED SUCH WAGERING IS CONDUCTED BY THE REGIONAL  OFF-
 TRACK  BETTING CORPORATION IN SUCH REGION AS THE CASINO IS LOCATED.  ANY
 PHYSICAL LOCATION WHERE PARI-MUTUEL WAGERING ON HORSE RACING  EVENTS  IS
 OFFERED BY A CASINO AND CONDUCTED BY A REGIONAL OFF-TRACK BETTING CORPO-
 RATION  IN  ACCORDANCE  WITH  THIS  SUBDIVISION  SHALL BE DEEMED TO BE A
 BRANCH LOCATION OF THE REGIONAL OFF-TRACK BETTING CORPORATION IN ACCORD-
 ANCE WITH SECTION ONE THOUSAND EIGHT  OF  THIS  CHAPTER.  MOBILE  SPORTS
 BETTING  KIOSKS LOCATED ON THE PREMISES OF AFFILIATES IN ACCORDANCE WITH
 PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED SIXTY-SEV-
 EN-A OF THIS TITLE SHALL NOT BE ALLOWED TO OFFER PARI-MUTUEL WAGERING ON
 HORSE RACING EVENTS.
   13. A SPORTS GOVERNING BODY MAY NOTIFY THE COMMISSION THAT IT  DESIRES
 TO  RESTRICT,  LIMIT,  OR  EXCLUDE  WAGERING  ON  ITS SPORTING EVENTS BY
 PROVIDING NOTICE IN THE FORM AND MANNER AS THE COMMISSION  MAY  REQUIRE.
 UPON  RECEIVING  SUCH NOTICE, THE COMMISSION SHALL REVIEW THE REQUEST IN
 GOOD FAITH, SEEK INPUT FROM THE CASINOS ON SUCH A REQUEST,  AND  IF  THE
 COMMISSION DEEMS IT APPROPRIATE, PROMULGATE REGULATIONS TO RESTRICT SUCH
 SPORTS  WAGERING. IF THE COMMISSION DENIES A REQUEST, THE SPORTS GOVERN-
 ING BODY SHALL BE AFFORDED NOTICE AND THE RIGHT TO BE  HEARD  AND  OFFER
 PROOF  IN  OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE WITH THE REGU-

 S. 1183                            10                            A. 1257
 
 LATIONS OF  THE  COMMISSION.  OFFERING  OR  TAKING  WAGERS  CONTRARY  TO
 RESTRICTIONS  PROMULGATED  BY  THE  COMMISSION  IS  A  VIOLATION OF THIS
 SECTION. IN THE EVENT THAT THE REQUEST IS IN RELATION  TO  AN  EMERGENCY
 SITUATION,  THE  EXECUTIVE  DIRECTOR  OF  THE COMMISSION MAY TEMPORARILY
 PROHIBIT THE SPECIFIC WAGER IN QUESTION UNTIL  THE  COMMISSION  HAS  THE
 OPPORTUNITY TO ISSUE TEMPORARY REGULATIONS ADDRESSING THE ISSUE.
   14.  (A)  THE  COMMISSION  SHALL  DESIGNATE  THE DIVISION OF THE STATE
 POLICE TO HAVE PRIMARY RESPONSIBILITY FOR CONDUCTING, OR  ASSISTING  THE
 COMMISSION IN CONDUCTING, INVESTIGATIONS INTO ABNORMAL BETTING ACTIVITY,
 MATCH  FIXING,  AND  OTHER  CONDUCT THAT CORRUPTS A BETTING OUTCOME OF A
 SPORTING EVENT OR EVENTS FOR PURPOSES OF FINANCIAL GAIN.
   (B) CASINOS SHALL MAINTAIN RECORDS OF SPORTS  WAGERING  OPERATIONS  IN
 ACCORDANCE  WITH  REGULATIONS PROMULGATED BY THE COMMISSION. THESE REGU-
 LATIONS SHALL, AT A MINIMUM, REQUIRE A CASINO  TO  ADOPT  PROCEDURES  TO
 OBTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM ANY INDIVIDUAL WHO PLAC-
 ES ANY SINGLE WAGER IN AN AMOUNT OF TEN THOUSAND DOLLARS OR GREATER.
   (C)  THE  COMMISSION  SHALL COOPERATE WITH A SPORTS GOVERNING BODY AND
 CASINOS TO ENSURE THE TIMELY, EFFICIENT, AND ACCURATE SHARING OF  INFOR-
 MATION.
   (D)  THE  COMMISSION  AND  CASINOS SHALL COOPERATE WITH INVESTIGATIONS
 CONDUCTED BY  SPORTS  GOVERNING  BODIES  OR  LAW  ENFORCEMENT  AGENCIES,
 INCLUDING  BUT NOT LIMITED TO PROVIDING OR FACILITATING THE PROVISION OF
 ACCOUNT-LEVEL BETTING INFORMATION AND AUDIO OR VIDEO FILES  RELATING  TO
 PERSONS  PLACING  WAGERS; PROVIDED, HOWEVER, THAT THE CASINO BE REQUIRED
 TO SHARE ANY PERSONALLY IDENTIFIABLE INFORMATION OF AN AUTHORIZED SPORTS
 BETTOR WITH A SPORTS GOVERNING BODY ONLY PURSUANT TO AN ORDER TO  DO  SO
 BY  THE  COMMISSION  OR  A  LAW ENFORCEMENT AGENCY OR COURT OF COMPETENT
 JURISDICTION.
   (E) CASINOS AND OPERATORS SHALL PROMPTLY REPORT TO THE  COMMISSION  OR
 THIRD PARTY INTEGRITY MONITORING PROVIDER APPROVED BY THE COMMISSION, AS
 APPLICABLE  AND  IN ACCORDANCE WITH RULES AND REGULATIONS ESTABLISHED BY
 THE COMMISSION, ANY INFORMATION RELATING TO:
   (I) CRIMINAL OR DISCIPLINARY PROCEEDINGS COMMENCED AGAINST THE  CASINO
 IN CONNECTION WITH ITS OPERATIONS;
   (II) ABNORMAL BETTING ACTIVITY OR PATTERNS THAT MAY INDICATE A CONCERN
 WITH THE INTEGRITY OF A SPORTING EVENT OR EVENTS;
   (III)  ANY  POTENTIAL  BREACH  OF THE RELEVANT SPORTS GOVERNING BODY'S
 INTERNAL RULES AND CODES OF CONDUCT PERTAINING TO  SPORTS  WAGERING,  AS
 THEY  HAVE  BEEN  PROVIDED BY THE SPORTS GOVERNING BODY TO THE CASINO OR
 THE OPERATOR;
   (IV) ANY OTHER CONDUCT THAT CORRUPTS A BETTING OUTCOME OF  A  SPORTING
 EVENT  OR EVENTS FOR PURPOSES OF FINANCIAL GAIN, INCLUDING MATCH FIXING;
 AND
   (V) SUSPICIOUS OR ILLEGAL WAGERING ACTIVITIES, INCLUDING USE OF  FUNDS
 DERIVED  FROM  ILLEGAL  ACTIVITY,  WAGERS  TO  CONCEAL  OR LAUNDER FUNDS
 DERIVED FROM ILLEGAL ACTIVITY,  USING  AGENTS  TO  PLACE  WAGERS,  USING
 CONFIDENTIAL NON-PUBLIC INFORMATION, AND USING FALSE IDENTIFICATION.
   THE  COMMISSION  SHALL  ALSO  PROMPTLY  REPORT INFORMATION RELATING TO
 CONDUCT DESCRIBED IN SUBPARAGRAPHS (II), (III) AND (IV)  OF  THIS  PARA-
 GRAPH TO THE RELEVANT SPORTS GOVERNING BODY.
   (VI) THE COMMISSION SHALL BE AUTHORIZED TO SHARE ANY INFORMATION UNDER
 THIS  SECTION  WITH  ANY  LAW ENFORCEMENT ENTITY, TEAM, SPORTS GOVERNING
 BODY, OR REGULATORY AGENCY THE DIVISION DEEMS APPROPRIATE. SUCH  SHARING
 OF INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO, ACCOUNT LEVEL BETTING
 INFORMATION  AND  ANY AUDIO OR VIDEO FILES RELATED TO THE INVESTIGATION.
 PROVIDED, HOWEVER, THE CASINO OR OPERATORS MAY ONLY BE REQUIRED TO SHARE

 S. 1183                            11                            A. 1257
 
 ANY PERSONALLY IDENTIFIABLE INFORMATION OF AN AUTHORIZED  SPORTS  BETTOR
 WITH  A  SPORTS GOVERNING BODY ONLY PURSUANT TO AN ORDER TO DO SO BY THE
 COMMISSION, A LAW ENFORCEMENT AGENCY OR A COURT OF  COMPETENT  JURISDIC-
 TION.
   (F) THE CONFIDENTIALITY OF INFORMATION SHARED BETWEEN A SPORTS GOVERN-
 ING  BODY  AND  A CASINO OR OPERATOR SHALL BE MAINTAINED PURSUANT TO ALL
 APPLICABLE DATA PRIVACY LAWS, UNLESS  DISCLOSURE  IS  REQUIRED  BY  THIS
 SECTION,  THE  COMMISSION,  OTHER  LAW, OR COURT ORDER. FURTHERMORE, THE
 INFORMATION SHARED BETWEEN A SPORTS GOVERNING BODY, A CASINO, AN  OPERA-
 TOR OR ANY OTHER PARTY PURSUANT TO THIS ACT MAY NOT BE USED FOR BUSINESS
 OR  MARKETING  PURPOSES  BY  THE  RECIPIENT  WITHOUT THE EXPRESS WRITTEN
 APPROVAL OF THE PARTY THAT PROVIDES SUCH INFORMATION.
   (G) THE COMMISSION, BY REGULATION, MAY AUTHORIZE  AND  PROMULGATE  ANY
 RULES NECESSARY TO IMPLEMENT AGREEMENTS WITH OTHER STATES, OR AUTHORIZED
 AGENCIES  THEREOF  TO  ENABLE  THE  SHARING OF INFORMATION TO FACILITATE
 INTEGRITY MONITORING AND THE CONDUCT  OF  INVESTIGATIONS  INTO  ABNORMAL
 BETTING  ACTIVITY,  MATCH  FIXING,  AND  OTHER  CONDUCT  THAT CORRUPTS A
 BETTING OUTCOME OF A SPORTING EVENT OR EVENTS FOR PURPOSES OF  FINANCIAL
 GAIN.
   (H)  THE  COMMISSION  SHALL STUDY THE POTENTIAL FOR THE CREATION OF AN
 INTERSTATE DATABASE OF ALL SPORTS WAGERING INFORMATION FOR  THE  PURPOSE
 OF  INTEGRITY  MONITORING, AND SHALL CREATE A FINAL REPORT REGARDING ALL
 FINDINGS AND RECOMMENDATIONS TO BE  DELIVERED  UPON  COMPLETION  OF  ALL
 OBJECTIVES DESCRIBED HEREIN, BUT IN NO EVENT LATER THAN MARCH FIRST, TWO
 THOUSAND  TWENTY-TWO,  TO  THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND
 THE TEMPORARY PRESIDENT OF THE SENATE.
   (I) THE COMMISSION SHALL INVESTIGATE  ALL  REASONABLE  ALLEGATIONS  OF
 PROHIBITED  CONDUCT  AND  REFER ANY ALLEGATIONS IT DEEMS CREDIBLE TO THE
 APPROPRIATE LAW ENFORCEMENT ENTITY.
   (J) ANY PERSON WHO IS (I) AN ATHLETE, COACH, REFEREE,  DIRECTOR  OF  A
 SPORTS  GOVERNING  BODY  OR  ANY  OF ITS MEMBER TEAMS, A PLAYER OR OTHER
 PERSONNEL MEMBER, IN OR ON ANY SPORTS EVENT OVERSEEN  BY  THAT  PERSON'S
 SPORTS GOVERNING BODY, (II) HOLDING A POSITION OF AUTHORITY OR INFLUENCE
 SUFFICIENT  TO  EXERT  INFLUENCE  OVER  THE  PARTICIPANTS  IN A SPORTING
 CONTEST, INCLUDING BUT  NOT  LIMITED  TO  COACHES,  MANAGERS,  HANDLERS,
 ATHLETIC  TRAINERS,  OR  (III)  A PERSON WITH ACCESS TO CERTAIN TYPES OF
 NON-PUBLIC INFORMATION ON ANY SPORTS EVENT  OVERSEEN  BY  THAT  PERSON'S
 SPORTS  GOVERNING  BODY,  SHALL  NOT  BE PERMITTED TO PLACE A WAGER ON A
 SPORTS EVENT THAT IS OVERSEEN BY THAT PERSON'S SPORTS GOVERNING BODY  SO
 LONG AS THAT PERSON HAS BEEN IDENTIFIED AS A PROHIBITED SPORTS BETTOR IN
 ANY LISTS PROVIDED BY THE SPORTS GOVERNING BODY TO THE COMMISSION, CASI-
 NOS,  AND  OPERATORS.  ANY  PERSON  WHO VIOLATES THIS PARAGRAPH SHALL BE
 GUILTY OF A DISORDERLY PERSONS OFFENSE AND SHALL BE FINED NOT LESS  THAN
 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
   (K)  CASINOS  AND  OPERATORS SHALL ADOPT PROCEDURES TO PREVENT PERSONS
 FROM WAGERING ON SPORTS EVENTS WHO ARE PROHIBITED  FROM  PLACING  SPORTS
 WAGERS. A CASINO OR OPERATOR SHALL NOT ACCEPT WAGERS FROM ANY PERSON:
   (I) WHOSE NAME APPEARS ON THE EXCLUSION LIST MAINTAINED BY THE COMMIS-
 SION AND PROVIDED TO THE CASINO OR OPERATOR;
   (II)  WHOSE  NAME APPEARS ON ANY SELF-EXCLUSION LIST MAINTAINED BY THE
 COMMISSION AND PROVIDED TO THE CASINO OR OPERATOR;
   (III) WHO IS THE OPERATOR, DIRECTOR, OFFICER, OWNER,  OR  EMPLOYEE  OF
 THE OPERATOR OR CASINO OR ANY RELATIVE THEREOF LIVING IN THE SAME HOUSE-
 HOLD AS SUCH INDIVIDUAL;
   (IV)  WHO HAS BEEN IDENTIFIED IN A LIST PROVIDED BY THE SPORTS GOVERN-
 ING BODY TO THE COMMISSION AND CASINO OR OPERATOR, THAT  IDENTIFIES  THE

 S. 1183                            12                            A. 1257
 
 INDIVIDUAL  BY  SUCH PERSONALLY IDENTIFIABLE INFORMATION AS SPECIFIED BY
 RULES AND REGULATIONS PROMULGATED BY THE COMMISSION;
   (V) WHO IS AN AGENT OR PROXY FOR ANY OTHER PERSON; OR
   (VI)  WHO  HAS  IDENTIFIED  THEMSELVES TO THE OPERATOR AS A PROHIBITED
 SPORTS POOL PARTICIPANT.
   (L) THE COMMISSION SHALL ESTABLISH A HOTLINE OR OTHER METHOD OF COMMU-
 NICATION THAT ALLOWS ANY PERSON  TO  CONFIDENTIALLY  REPORT  INFORMATION
 ABOUT  PROHIBITED  CONDUCT TO THE COMMISSION. THE IDENTITY OF ANY PERSON
 REPORTING PROHIBITED CONDUCT TO THE COMMISSION SHALL REMAIN CONFIDENTIAL
 UNLESS THAT PERSON AUTHORIZES DISCLOSURE OF HIS OR HER IDENTITY OR UNTIL
 SUCH TIME AS THE ALLEGATION OF PROHIBITED CONDUCT  IS  REFERRED  TO  LAW
 ENFORCEMENT.
   15.  (A)  CASINOS SHALL USE WHATEVER DATA SOURCE THEY DEEM APPROPRIATE
 FOR DETERMINING THE RESULT OF SPORTS WAGERING INVOLVING TIER ONE  SPORTS
 WAGERS.
   (B) CASINOS SHALL ONLY USE OFFICIAL LEAGUE DATA IN ALL SPORTS WAGERING
 INVOLVING  TIER TWO SPORTS WAGERS, IF THE RELEVANT SPORTS GOVERNING BODY
 IS HEADQUARTERED IN THE UNITED STATES,  POSSESSES  A  FEED  OF  OFFICIAL
 LEAGUE  DATA,  AND MAKES SUCH FEED AVAILABLE FOR PURCHASE BY THE CASINOS
 ON COMMERCIALLY REASONABLE TERMS AS DETERMINED BY THE COMMISSION.
   (C) A SPORTS GOVERNING BODY MAY NOTIFY THE COMMISSION THAT IT  DESIRES
 TO  REQUIRE  CASINOS  TO  USE  OFFICIAL  LEAGUE  DATA IN SPORTS WAGERING
 INVOLVING SPECIFIC TIER THREE SPORTS WAGERS BY PROVIDING NOTICE  IN  THE
 FORM  AND  MANNER  AS  THE  COMMISSION  MAY REQUIRE. UPON RECEIVING SUCH
 NOTICE, THE COMMISSION SHALL REVIEW THE REQUEST,  SEEK  INPUT  FROM  THE
 CASINOS  ON  SUCH A REQUEST, AND IF THE COMMISSION DEEMS IT APPROPRIATE,
 PROMULGATE REGULATIONS TO REQUIRE CASINOS TO USE OFFICIAL LEAGUE DATA ON
 SPORTS WAGERING INVOLVING SUCH TIER THREE SPORTS WAGERS IF THE  RELEVANT
 SPORTS  GOVERNING  BODY  POSSESSES  A  FEED OF OFFICIAL LEAGUE DATA, AND
 MAKES SUCH FEED AVAILABLE FOR PURCHASE BY THE  CASINOS  ON  COMMERCIALLY
 REASONABLE TERMS AS DETERMINED BY THE COMMISSION.
   (D) WHEN DETERMINING WHETHER OR NOT A SUPPLIER OF OFFICIAL LEAGUE DATA
 IS OFFERING COMMERCIALLY REASONABLE TERMS, THE COMMISSION SHALL CONSIDER
 THE  AMOUNT  CHARGED  BY  THE SUPPLIER OF OFFICIAL LEAGUE DATA TO GAMING
 OPERATORS IN OTHER JURISDICTIONS. THIS INFORMATION SHALL BE PROVIDED  TO
 THE  COMMISSION  BY THE SUPPLIER OF OFFICIAL LEAGUE DATA UPON REQUEST OF
 THE COMMISSION. ANY ENTITY PROVIDING DATA TO A CASINO FOR THE PURPOSE OF
 TIER TWO SPORTS WAGERS SHALL OBTAIN A LICENSE AS A CASINO VENDOR  ENTER-
 PRISE  AND  SUCH  LICENSE  SHALL BE ISSUED PURSUANT TO THE PROVISIONS OF
 SECTION THIRTEEN HUNDRED TWENTY-SEVEN OF THIS ARTICLE AND IN  ACCORDANCE
 WITH THE REGULATIONS PROMULGATED BY THE COMMISSION.
   (E)  NO  CASINO  SHALL ENTER INTO AN AGREEMENT WITH A SPORTS GOVERNING
 BODY OR AN ENTITY EXPRESSLY AUTHORIZED  TO  DISTRIBUTE  OFFICIAL  LEAGUE
 DATA TO BE THE EXCLUSIVE RECIPIENT OF THEIR OFFICIAL LEAGUE DATA.
   (F) THE COMMISSION SHALL PROMULGATE REGULATIONS TO ALLOW AN AUTHORIZED
 SPORTS  BETTOR  TO FILE A COMPLAINT ALLEGING AN UNDERPAYMENT OR NON-PAY-
 MENT OF A WINNING SPORTS WAGER. ANY SUCH REGULATIONS SHALL PROVIDE  THAT
 THE COMMISSION UTILIZE THE STATISTICS, RESULTS, OUTCOMES, AND OTHER DATA
 RELATING  TO  A SPORTING EVENT THAT HAVE BEEN OBTAINED FROM THE RELEVANT
 SPORTS GOVERNING BODY IN DETERMINING THE VALIDITY OF SUCH CLAIM.
   16. A CASINO SHALL NOT PERMIT SPORTS WAGERING BY ANYONE THEY KNOW,  OR
 SHOULD HAVE KNOWN, TO BE A PROHIBITED SPORTS BETTOR.
   17.  SPORTS  WAGERING  CONDUCTED  PURSUANT  TO  THE PROVISIONS OF THIS
 SECTION IS HEREBY AUTHORIZED.
   18. THE COMMISSION SHALL PROMULGATE RULES THAT REQUIRE AN OPERATOR  TO
 IMPLEMENT RESPONSIBLE GAMING PROGRAMS THAT INCLUDE COMPREHENSIVE EMPLOY-

 S. 1183                            13                            A. 1257
 
 EE TRAININGS ON RESPONDING TO CIRCUMSTANCES IN WHICH INDIVIDUALS PRESENT
 SIGNS OF A GAMBLING ADDICTION AND REQUIREMENTS FOR CASINOS AND OPERATORS
 UNDER  SECTION  THIRTEEN  HUNDRED SIXTY-SEVEN-A OF THIS TITLE TO ASSESS,
 PREVENT,  AND  ADDRESS  PROBLEM GAMING BY USERS UNDER THE AGE OF THIRTY.
 THE COMMISSION SHALL ESTABLISH A HOTLINE OR  OTHER  METHOD  OF  COMMUNI-
 CATION  THAT  WILL ALLOW ANY PERSON TO CONFIDENTIALLY REPORT INFORMATION
 ABOUT PROHIBITED CONDUCT TO THE COMMISSION. THE COMMISSION SHALL PROMUL-
 GATE RULES GOVERNING THE INVESTIGATION AND RESOLUTION OF A CHARGE OF ANY
 PERSON PURPORTED TO HAVE ENGAGED IN PROHIBITED CONDUCT.
   19. THE CONDUCT OF SPORTS WAGERING IN VIOLATION  OF  THIS  SECTION  IS
 PROHIBITED.
   20. (A) IN ADDITION TO ANY CRIMINAL PENALTIES PROVIDED FOR UNDER ARTI-
 CLE  TWO  HUNDRED TWENTY-FIVE OF THE PENAL LAW, ANY PERSON, FIRM, CORPO-
 RATION, ASSOCIATION, AGENT, OR EMPLOYEE, WHO IS NOT AUTHORIZED TO  OFFER
 SPORTS  WAGERING  UNDER  THIS SECTION OR SECTION THIRTEEN HUNDRED SIXTY-
 SEVEN-A OF THIS TITLE, AND WHO KNOWINGLY OFFERS  OR  ATTEMPTS  TO  OFFER
 SPORTS  WAGERING  OR  MOBILE SPORTS WAGERING IN NEW YORK SHALL BE LIABLE
 FOR A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED  THOUSAND  DOLLARS  FOR
 EACH  VIOLATION, NOT TO EXCEED FIVE MILLION DOLLARS FOR VIOLATIONS ARIS-
 ING OUT OF THE SAME TRANSACTION OR OCCURRENCE, WHICH SHALL ACCRUE TO THE
 STATE AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE COMMISSION.
   (B) ANY PERSON, FIRM, CORPORATION, ASSOCIATION, AGENT, OR EMPLOYEE WHO
 KNOWINGLY VIOLATES ANY PROCEDURE  IMPLEMENTED  UNDER  THIS  SECTION,  OR
 SECTION  THIRTEEN  HUNDRED  SIXTY-SEVEN-A OF THIS TITLE, SHALL BE LIABLE
 FOR A CIVIL PENALTY OF NOT MORE THAN  FIVE  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION,  NOT  TO EXCEED FIFTY THOUSAND DOLLARS FOR VIOLATIONS ARISING
 OUT OF THE SAME TRANSACTION OR OCCURRENCE, WHICH  SHALL  ACCRUE  TO  THE
 STATE AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE COMMISSION.
   §  2.  The racing, pari-mutuel wagering and breeding law is amended by
 adding a new section 1367-a to read as follows:
   § 1367-A. MOBILE SPORTS WAGERING. 1. (A) EXCEPT AS  PROVIDED  IN  THIS
 SUBDIVISION,  THE  TERMS IN THIS SECTION SHALL HAVE THE SAME MEANINGS AS
 SUCH TERMS ARE DEFINED IN SUBDIVISION ONE OF  SECTION  THIRTEEN  HUNDRED
 SIXTY-SEVEN OF THIS TITLE.
   (B)  "OPERATOR" FOR PURPOSES OF THIS SECTION, MEANS A CASINO WHICH HAS
 ELECTED TO OFFER A MOBILE SPORTS WAGERING PLATFORM, AN INDIAN TRIBE  (OR
 AGENT  OF SUCH INDIAN TRIBE) THAT HAS ENTERED INTO A TRIBAL-STATE GAMING
 COMPACT IN ACCORDANCE WITH THE INDIAN GAMING REGULATORY ACT,  25  U.S.C.
 2710,  THAT  IS  IN  EFFECT  AND  HAS BEEN RATIFIED BY THE STATE AND HAS
 ENTERED INTO A SPORTS WAGERING AGREEMENT TO OPERATE WITH THE  COMMISSION
 PURSUANT  TO THIS SECTION, OR THE AGENT OF SUCH LICENSED GAMING FACILITY
 OR SUCH INDIAN TRIBE.
   2. (A) NO CASINO SHALL ADMINISTER, MANAGE, OR OTHERWISE MAKE AVAILABLE
 A MOBILE SPORTS WAGERING PLATFORM TO PERSONS LOCATED IN NEW  YORK  STATE
 UNLESS REGISTERED WITH THE COMMISSION PURSUANT TO THIS SECTION. A CASINO
 MAY  USE  UP TO TWO MOBILE SPORTS WAGERING PLATFORMS AND BRANDS PROVIDED
 THAT SUCH PLATFORMS AND BRANDS HAVE BEEN REVIEWED AND  APPROVED  BY  THE
 COMMISSION.  A  CASINO MAY CONTRACT WITH UP TO TWO INDEPENDENT OPERATORS
 TO PROVIDE ITS MOBILE SPORTS WAGERING PLATFORMS. AN INDEPENDENT OPERATOR
 MAY DISPLAY ITS BRAND ON THE PLATFORM IN ADDITION TO THE CASINO'S BRAND.
   (B) REGISTRATIONS ISSUED BY THE COMMISSION SHALL REMAIN IN EFFECT  FOR
 FIVE YEARS. THE COMMISSION SHALL ESTABLISH A PROCESS FOR RENEWAL.
   (C)  THE  COMMISSION SHALL PUBLISH A LIST OF ALL OPERATORS AND CASINOS
 REGISTERED TO OFFER MOBILE SPORTS WAGERING IN NEW YORK STATE PURSUANT TO
 THIS SECTION ON THE COMMISSION'S WEBSITE FOR PUBLIC USE.

 S. 1183                            14                            A. 1257
 
   3. IN THE EVENT THAT A CASINO CONTRACTS WITH AN  OPERATOR  TO  PROVIDE
 ITS  MOBILE  SPORTS  WAGERING  PLATFORM  AND  BRAND, SUCH OPERATOR SHALL
 OBTAIN A LICENSE AS A CASINO VENDOR ENTERPRISE PRIOR TO THE EXECUTION OF
 ANY SUCH CONTRACT, AND SUCH LICENSE SHALL  BE  ISSUED  PURSUANT  TO  THE
 PROVISIONS  OF SECTION THIRTEEN HUNDRED TWENTY-SEVEN OF THIS ARTICLE AND
 IN ACCORDANCE WITH THE REGULATIONS PROMULGATED BY THE COMMISSION.
   3-A. (A) AS A CONDITION OF REGISTRATION AS AN  OPERATOR,  EACH  CASINO
 SHALL  AGREE,  UPON REQUEST OF AN INDIAN TRIBE THAT HAS NOT ENTERED INTO
 AN AGREEMENT FOR MOBILE SPORTS WAGERING WITH ANOTHER CASINO, TO  PROVIDE
 A SITE FOR A MOBILE SPORTS WAGERING SERVER AND RELATED EQUIPMENT FOR THE
 INDIAN  TRIBE  AS  DIRECTED  BY THE COMMISSION, AT NO COST TO THE INDIAN
 TRIBE EXCEPT THE DIRECT AND ACTUAL COST OF HOSTING THE SERVER  OR  OTHER
 EQUIPMENT USED BY THE INDIAN TRIBE AS DETERMINED BY THE COMMISSION.
   (B)  AS  A CONDITION OF REGISTRATION AS AN OPERATOR IN NEW YORK STATE,
 AN INDIAN TRIBE SHALL ENTER INTO AN AGREEMENT WITH THE  COMMISSION  WITH
 RESPECT TO MOBILE SPORTS WAGERING:
   (I)  TO FOLLOW THE REQUIREMENTS IMPOSED ON CASINOS AND OPERATORS UNDER
 THIS SECTION AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE WITH
 RESPECT TO THE INDIAN TRIBE'S MOBILE SPORTS WAGERING; TO ADHERE  TO  THE
 REGULATIONS  PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION WITH
 RESPECT TO MOBILE SPORTS WAGERING, AND TO  SUBMIT  TO  THE  COMMISSION'S
 ENFORCEMENT  OF THIS SECTION AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF
 THIS TITLE AND REGULATIONS PROMULGATED THEREUNDER WITH RESPECT TO MOBILE
 SPORTS WAGERING, INCLUDING BY WAIVING TRIBAL SOVEREIGN IMMUNITY FOR  THE
 SOLE  AND  LIMITED  PURPOSE OF SUCH ENFORCEMENT. NOTHING HEREIN SHALL BE
 CONSTRUED AS REQUIRING AN INDIAN TRIBE'S  AGREEMENT  TO  ADHERE  TO  THE
 REQUIREMENTS  OF  SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE FOR
 GAMING CONDUCTED ON TRIBAL LANDS  AS  A  CONDITION  OF  OFFERING  MOBILE
 SPORTS WAGERING UNDER THIS SECTION;
   (II)  TO  WAIVE THE INDIAN TRIBE'S EXCLUSIVE GEOGRAPHIC RIGHT TO OFFER
 AND CONDUCT MOBILE SPORTS WAGERING, BUT NOT OTHERWISE;
   (III) TO REMIT PAYMENT TO THE STATE EQUAL TO TAX  ON  SPORTS  WAGERING
 REVENUE IMPOSED UNDER SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE
 WITH RESPECT TO MOBILE SPORTS WAGERING;
   (IV) NOT TO OFFER OR TO CONDUCT MOBILE GAMING OTHER THAN MOBILE SPORTS
 WAGERING PURSUANT TO THIS SECTION UNLESS SUCH MOBILE GAMING IS OTHERWISE
 AUTHORIZED BY STATE OR FEDERAL LAW; AND
   (V)  TO  LOCATE THE SERVER OR OTHER EQUIPMENT USED BY THE INDIAN TRIBE
 OR ITS AGENT TO ACCEPT MOBILE SPORTS WAGERING AT A CASINO AS DEFINED  IN
 PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN
 OF  THIS  TITLE  THAT  HAS APPLIED FOR AND IS ELIGIBLE TO REGISTER AS AN
 OPERATOR OF MOBILE SPORTS WAGERING PURSUANT TO THIS SECTION AND  TO  PAY
 THE  ACTUAL  COST OF HOSTING THE SERVER OR OTHER EQUIPMENT AS DETERMINED
 BY THE COMMISSION.
   (C) ALL AGREEMENTS ENTERED INTO CASINOS AND INDIAN TRIBES WITH RESPECT
 TO HOSTING MOBILE SPORTS WAGERING PLATFORMS FOR AN INDIAN TRIBE:
   (I) MUST BE APPROVED BY THE COMMISSION  PRIOR  TO  TAKING  EFFECT  AND
 BEFORE  REGISTRATION  OF THE CASINO OR INDIAN TRIBE AS AN OPERATOR UNDER
 THIS SECTION;
   (II) MUST PROVIDE THAT THE INDIAN TRIBE MAY, AT ITS  SOLE  DISCRETION,
 TERMINATE  THE  AGREEMENT  AND ALL COMMITMENTS, UNDERTAKINGS AND WAIVERS
 MADE BY THE INDIAN TRIBE THEREUNDER,  EXCEPT  THAT  THE  INDIAN  TRIBE'S
 WAIVER  OF  ITS  EXCLUSIVE  GEOGRAPHIC RIGHT TO OFFER AND CONDUCT MOBILE
 SPORTS WAGERING SHALL SURVIVE THE TERMINATION OF THE AGREEMENT;

 S. 1183                            15                            A. 1257
 
   (III) SHALL BE LIMITED IN APPLICABILITY SOLELY TO THE  INDIAN  TRIBE'S
 OPERATION  OF  MOBILE  SPORTS  BETTING AND SHALL NOT EXTEND TO ANY OTHER
 OPERATION OR ACTIVITY OF THE INDIAN TRIBE; AND
   (IV)  SHALL NOT CREATE ANY RIGHTS OR PRIVILEGES TO ANY THIRD PARTY WHO
 IS NOT A PARTY TO THE AGREEMENT, EXCEPT THAT THE COMMISSION  SHALL  HAVE
 THE  POWER  TO ENFORCE THE AGREEMENT INCLUDING BY REVOKING OR SUSPENDING
 THE REGISTRATION OF A PARTY THAT FAILS TO COMPLY  WITH  ITS  OBLIGATIONS
 UNDER THE AGREEMENT.
   (D)  NO  MOBILE  SPORTS  WAGERING  MAY  BE  CONDUCTED WITHIN AN INDIAN
 TRIBE'S EXCLUSIVE GEOGRAPHIC AREA UNLESS THE INDIAN TRIBE WITH EXCLUSIVE
 GEOGRAPHIC RIGHT TO THAT AREA IS REGISTERED AS AN  OPERATOR  UNDER  THIS
 SECTION.  OPERATORS SHALL USE GEO-LOCATION AND GEO-FENCING TECHNOLOGY TO
 ENSURE THAT MOBILE SPORTS WAGERING IS NOT AVAILABLE TO PERSONS  WHO  ARE
 PHYSICALLY  LOCATED  IN  AN  INDIAN  TRIBE'S  EXCLUSIVE GEOGRAPHIC AREA,
 UNLESS THE INDIAN TRIBE WITH EXCLUSIVE GEOGRAPHIC RIGHT TO THAT AREA  IS
 REGISTERED AS AN OPERATOR UNDER THIS SECTION.
   3-B.  (A) THE COMMISSION SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION, INCLUDING:
   (I) THE DEVELOPMENT OF THE INITIAL FORM OF THE APPLICATION FOR  REGIS-
 TRATION;
   (II) RESPONSIBLE PROTECTIONS WITH REGARD TO COMPULSIVE PLAY SAFEGUARDS
 FOR FAIR PLAY;
   (III)  REQUIRING  THAT OPERATORS ADOPT CONTROLS TO PREVENT MINORS FROM
 CREATING ACCOUNTS AND PLACING WAGERS;
   (IV) REQUIRING THAT OPERATORS ADOPT CONTROLS TO MAINTAIN THE EFFICIEN-
 CY OF SELF-EXCLUSION LIMITS; AND
   (V) REQUIRING THAT OPERATORS UTILIZE COMMERCIALLY  REASONABLE  TECHNO-
 LOGICAL MEANS OF VERIFYING ACCOUNT HOLDERS' IDENTITIES.
   (B) THE COMMISSION SHALL PRESCRIBE THE INITIAL FORM OF THE APPLICATION
 FOR REGISTRATION, FOR OPERATORS, WHICH SHALL REQUIRE, BUT NOT BE LIMITED
 TO:
   (I) THE FULL NAME AND PRINCIPAL ADDRESS OF THE OPERATOR;
   (II) IF A CORPORATION, THE NAME OF THE STATE IN WHICH INCORPORATED AND
 THE  FULL  NAMES AND ADDRESSES OF ANY PARTNER, OFFICER, DIRECTOR, SHARE-
 HOLDER HOLDING TEN  PERCENT  OR  MORE  EQUITY,  AND  ULTIMATE  EQUITABLE
 OWNERS;
   (III)  IF  A  BUSINESS ENTITY OTHER THAN A CORPORATION, THE FULL NAMES
 AND ADDRESSES OF THE PRINCIPALS,  PARTNERS,  SHAREHOLDERS  HOLDING  FIVE
 PERCENT OR MORE EQUITY, AND ULTIMATE EQUITABLE OWNERS;
   (IV)  WHETHER SUCH CORPORATION OR ENTITY FILES INFORMATION AND REPORTS
 WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY
 SECTION THIRTEEN OF THE SECURITIES EXCHANGE ACT OF 1934,  15  U.S.C.  §§
 78A-78KK;  OR  WHETHER  THE  SECURITIES OF THE CORPORATION OR ENTITY ARE
 REGULARLY TRADED ON AN  ESTABLISHED  SECURITIES  MARKET  IN  THE  UNITED
 STATES;
   (V)  THE TYPE AND ESTIMATED NUMBER OF CONTESTS TO BE CONDUCTED ANNUAL-
 LY; AND
   (VI) A STATEMENT OF THE ASSETS AND LIABILITIES OF THE OPERATOR.
   (C) THE COMMISSION MAY REQUIRE THE FULL NAMES  AND  ADDRESSES  OF  THE
 OFFICERS  AND  DIRECTORS  OF  ANY CREDITOR OF THE OPERATOR, AND OF THOSE
 STOCKHOLDERS WHO HOLD MORE THAN TEN PERCENT OF THE STOCK OF  THE  CREDI-
 TOR.
   (D)  UPON RECEIPT OF AN APPLICATION FOR REGISTRATION FOR EACH INDIVID-
 UAL LISTED ON SUCH APPLICATION AS AN OFFICER OR DIRECTOR, THE COMMISSION
 SHALL SUBMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES A SET OF FING-
 ERPRINTS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES  PROCESSING  FEE

 S. 1183                            16                            A. 1257
 
 IMPOSED  PURSUANT  TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIR-
 TY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE IMPOSED BY THE FEDERAL  BUREAU
 OF  INVESTIGATION.  UPON  RECEIPT  OF  THE FINGERPRINTS, THE DIVISION OF
 CRIMINAL  JUSTICE  SERVICES SHALL PROMPTLY FORWARD A SET OF THE INDIVID-
 UAL'S FINGERPRINTS TO  THE  FEDERAL  BUREAU  OF  INVESTIGATION  FOR  THE
 PURPOSE  OF  A  NATIONWIDE  CRIMINAL  HISTORY  RECORD CHECK TO DETERMINE
 WHETHER SUCH INDIVIDUAL HAS BEEN CONVICTED OF A CRIMINAL OFFENSE IN  ANY
 STATE  OTHER THAN NEW YORK OR IN A FEDERAL JURISDICTION. THE DIVISION OF
 CRIMINAL JUSTICE SERVICES SHALL PROMPTLY PROVIDE THE REQUESTED  CRIMINAL
 HISTORY INFORMATION TO THE COMMISSION. FOR THE PURPOSES OF THIS SECTION,
 THE  TERM  "CRIMINAL  HISTORY  INFORMATION"  SHALL  MEAN A RECORD OF ALL
 CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON  AN
 INDIVIDUAL  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL
 BUREAU OF INVESTIGATION. ALL SUCH CRIMINAL HISTORY INFORMATION  SENT  TO
 THE  COMMISSION  PURSUANT  TO THIS SUBDIVISION SHALL BE CONFIDENTIAL AND
 SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE
 COMMISSION, UNLESS OTHERWISE AUTHORIZED BY LAW.
   (E) UPON RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH
 (D) OF THIS SUBDIVISION, THE COMMISSION SHALL MAKE  A  DETERMINATION  TO
 APPROVE OR DENY AN APPLICATION FOR REGISTRATION; PROVIDED, HOWEVER, THAT
 BEFORE  MAKING A DETERMINATION ON SUCH APPLICATION, THE COMMISSION SHALL
 PROVIDE THE SUBJECT OF THE RECORD WITH A COPY OF SUCH  CRIMINAL  HISTORY
 INFORMATION  AND  A COPY OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW
 AND INFORM SUCH PROSPECTIVE APPLICANT SEEKING TO BE CREDENTIALED OF  HIS
 OR  HER  RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED
 IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT  TO  THE  REGULATIONS  AND
 PROCEDURES  ESTABLISHED  BY  THE  DIVISION OF CRIMINAL JUSTICE SERVICES.
 THE COMMISSION SHALL DENY ANY APPLICATION FOR REGISTRATION, OR  SUSPEND,
 REFUSE  TO RENEW, OR REVOKE ANY EXISTING REGISTRATION ISSUED PURSUANT TO
 THIS ARTICLE, UPON THE FINDING THAT THE OPERATOR OR REGISTRANT,  OR  ANY
 PARTNER, OFFICER, DIRECTOR, OR SHAREHOLDER:
   (I)  HAS  KNOWINGLY  MADE  A  FALSE  STATEMENT OF MATERIAL FACT OR HAS
 DELIBERATELY FAILED TO DISCLOSE ANY INFORMATION REQUIRED BY THE  COMMIS-
 SION;
   (II)  HAS  HAD  A GAMING REGISTRATION OR LICENSE DENIED, SUSPENDED, OR
 REVOKED IN ANY OTHER STATE OR COUNTRY FOR JUST CAUSE;
   (III) HAS LEGALLY DEFAULTED IN THE PAYMENT OF ANY OBLIGATION  OR  DEBT
 DUE TO ANY STATE OR POLITICAL SUBDIVISION; OR
   (IV)  HAS  AT ANY TIME KNOWINGLY FAILED TO COMPLY WITH ANY REQUIREMENT
 OUTLINED IN THIS SECTION, ANY OTHER PROVISION OF THIS ARTICLE, ANY REGU-
 LATIONS PROMULGATED BY THE COMMISSION OR ANY ADDITIONAL REQUIREMENTS  OF
 THE COMMISSION.
   (F)  ALL  DETERMINATIONS TO APPROVE OR DENY AN APPLICATION PURSUANT TO
 THIS ARTICLE SHALL BE PERFORMED IN A MANNER CONSISTENT WITH  SUBDIVISION
 SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
 CLE  TWENTY-THREE-A OF THE CORRECTION LAW. WHEN THE COMMISSION DENIES AN
 APPLICATION, THE OPERATOR SHALL BE AFFORDED NOTICE AND THE RIGHT  TO  BE
 HEARD  AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION IN ACCORDANCE
 WITH THE REGULATIONS OF THE COMMISSION.
   4. (A) AS A CONDITION OF REGISTRATION IN NEW YORK STATE, EACH OPERATOR
 SHALL IMPLEMENT THE FOLLOWING MEASURES:
   (I) LIMIT EACH AUTHORIZED SPORTS BETTOR TO ONE ACTIVE AND CONTINUOUSLY
 USED ACCOUNT ON THEIR PLATFORM, AND PREVENT ANYONE THEY KNOW, OR  SHOULD
 HAVE KNOWN TO BE A PROHIBITED SPORTS BETTOR FROM MAINTAINING ACCOUNTS OR
 PARTICIPATING IN ANY SPORTS WAGERING OFFERED BY SUCH OPERATOR;

 S. 1183                            17                            A. 1257
 
   (II) ADOPT APPROPRIATE SAFEGUARDS TO ENSURE, TO A REASONABLE DEGREE OF
 CERTAINTY,  THAT AUTHORIZED SPORTS BETTORS ARE PHYSICALLY LOCATED WITHIN
 THE STATE WHEN ENGAGING IN MOBILE SPORTS BETTING;
   (III) PROHIBIT MINORS FROM PARTICIPATING IN ANY SPORTS WAGERING, WHICH
 INCLUDES:
   (1)  IF  AN OPERATOR BECOMES OR IS MADE AWARE THAT A MINOR HAS CREATED
 AN ACCOUNT, OR ACCESSED THE ACCOUNT  OF  ANOTHER,  SUCH  OPERATOR  SHALL
 PROMPTLY,  WITHIN  NO  MORE  THAN  TWO BUSINESS DAYS, REFUND ANY DEPOSIT
 RECEIVED FROM THE MINOR, WHETHER OR NOT THE  MINOR  HAS  ENGAGED  IN  OR
 ATTEMPTED  TO  ENGAGE  IN  SPORTS  WAGERING; PROVIDED, HOWEVER, THAT ANY
 REFUND MAY BE OFFSET BY ANY PRIZES ALREADY AWARDED;
   (2) EACH OPERATOR SHALL PROVIDE PARENTAL CONTROL PROCEDURES  TO  ALLOW
 PARENTS  OR GUARDIANS TO EXCLUDE MINORS FROM ACCESS TO ANY SPORTS WAGER-
 ING OR PLATFORM. SUCH PROCEDURES SHALL INCLUDE  A  TOLL-FREE  NUMBER  TO
 CALL FOR HELP IN ESTABLISHING SUCH PARENTAL CONTROLS; AND
   (3)  EACH  OPERATOR  SHALL  TAKE  APPROPRIATE STEPS TO CONFIRM THAT AN
 INDIVIDUAL OPENING AN ACCOUNT IS NOT A MINOR;
   (IV) WHEN REFERENCING THE CHANCES OR LIKELIHOOD OF WINNING  IN  ADVER-
 TISEMENTS  OR UPON PLACEMENT OF A SPORTS WAGER, MAKE CLEAR AND CONSPICU-
 OUS STATEMENTS THAT ARE NOT  INACCURATE  OR  MISLEADING  CONCERNING  THE
 CHANCES OF WINNING AND THE NUMBER OF WINNERS;
   (V) ENABLE AUTHORIZED SPORTS BETTORS TO EXCLUDE THEMSELVES FROM SPORTS
 WAGERING AND TAKE REASONABLE STEPS TO PREVENT SUCH BETTORS FROM ENGAGING
 IN SPORTS WAGERING FROM WHICH THEY HAVE EXCLUDED THEMSELVES;
   (VI)  PERMIT  ANY  AUTHORIZED  SPORTS  BETTOR  TO PERMANENTLY CLOSE AN
 ACCOUNT REGISTERED TO SUCH BETTOR, ON ANY AND ALL PLATFORMS SUPPORTED BY
 SUCH OPERATOR, AT ANY TIME AND FOR ANY REASON;
   (VII) OFFER INTRODUCTORY PROCEDURES  FOR  AUTHORIZED  SPORTS  BETTORS,
 THAT  SHALL  BE  PROMINENTLY DISPLAYED ON THE MAIN PAGE OF SUCH OPERATOR
 PLATFORM, THAT EXPLAIN SPORTS WAGERING;
   (VIII) IMPLEMENT MEASURES TO PROTECT THE PRIVACY AND  ONLINE  SECURITY
 OF AUTHORIZED SPORTS BETTORS AND THEIR ACCOUNTS;
   (IX)  OFFER ALL AUTHORIZED SPORTS BETTORS ACCESS TO HIS OR HER ACCOUNT
 HISTORY AND ACCOUNT DETAILS;
   (X) ENSURE AUTHORIZED SPORTS BETTORS' FUNDS ARE PROTECTED UPON DEPOSIT
 AND SEGREGATED FROM THE OPERATING FUNDS OF SUCH OPERATOR  AND  OTHERWISE
 PROTECTED  FROM  CORPORATE  INSOLVENCY,  FINANCIAL  RISK, OR CRIMINAL OR
 CIVIL ACTIONS AGAINST SUCH OPERATOR;
   (XI) LIST ON EACH WEBSITE, IN A PROMINENT PLACE, INFORMATION  CONCERN-
 ING  ASSISTANCE FOR COMPULSIVE PLAY IN NEW YORK STATE, INCLUDING A TOLL-
 FREE NUMBER DIRECTING CALLERS TO REPUTABLE RESOURCES CONTAINING  FURTHER
 INFORMATION, WHICH SHALL BE FREE OF CHARGE;
   (XII)  ENSURE NO SPORTS WAGERING SHALL BE BASED ON A PROHIBITED SPORTS
 EVENT;
   (XIII) PERMIT  ACCOUNT  HOLDERS  TO  ESTABLISH  SELF-EXCLUSION  GAMING
 LIMITS  ON  A  DAILY,  WEEKLY, AND MONTHLY BASIS THAT ENABLE THE ACCOUNT
 HOLDER TO IDENTIFY THE MAXIMUM AMOUNT OF MONEY  AN  ACCOUNT  HOLDER  MAY
 DEPOSIT DURING SUCH PERIOD OF TIME;
   (XIV)  WHEN  AN ACCOUNT HOLDER'S LIFETIME DEPOSITS EXCEED TWO THOUSAND
 FIVE HUNDRED DOLLARS, THE OPERATOR SHALL PREVENT ANY WAGERING UNTIL  THE
 PATRON  IMMEDIATELY ACKNOWLEDGES, AND ACKNOWLEDGES EACH YEAR THEREAFTER,
 THAT THE ACCOUNT HOLDER HAS MET THE DEPOSIT THRESHOLD AND MAY  ELECT  TO
 ESTABLISH  RESPONSIBLE  GAMING  LIMITS  OR  CLOSE  THE  ACCOUNT, AND THE
 ACCOUNT HOLDER HAS RECEIVED DISCLOSURES  FROM  THE  OPERATOR  CONCERNING
 PROBLEM GAMBLING RESOURCES;

 S. 1183                            18                            A. 1257
 
   (XV) MAINTAIN A PUBLICLY ACCESSIBLE INTERNET PAGE DEDICATED TO RESPON-
 SIBLE PLAY, A LINK TO WHICH MUST APPEAR ON THE OPERATOR'S WEBSITE AND IN
 ANY  MOBILE  APPLICATION  OR  ELECTRONIC  PLATFORM ON WHICH A BETTOR MAY
 PLACE WAGERS. THE RESPONSIBLE PLAY PAGE SHALL INCLUDE:  A  STATEMENT  OF
 THE  OPERATOR'S POLICY AND COMMITMENT TO RESPONSIBLE GAMING; INFORMATION
 REGARDING, OR LINKS TO INFORMATION REGARDING, THE RISKS ASSOCIATED  WITH
 GAMBLING  AND THE POTENTIAL SIGNS OF PROBLEM GAMING; THE AVAILABILITY OF
 SELF-IMPOSED RESPONSIBLE GAINING LIMITS; A   LINK TO  A  PROBLEM  GAMING
 WEBPAGE MAINTAINED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS; AND
 SUCH  OTHER  INFORMATION  OR STATEMENTS AS THE COMMISSION MAY REQUIRE BY
 RULE; AND
   (XVI) SUBMIT ANNUALLY A PROBLEM GAMING PLAN  TO  THE  COMMISSION  THAT
 INCLUDES:  THE  OBJECTIVES  OF AND TIMETABLES FOR IMPLEMENTING THE PLAN;
 IDENTIFICATION OF THE PERSONS RESPONSIBLE FOR IMPLEMENTING AND MAINTAIN-
 ING THE PLAN; PROCEDURES FOR IDENTIFYING USERS WITH SUSPECTED  OR  KNOWN
 PROBLEM  GAMING  BEHAVIOR; PROCEDURES FOR PROVIDING INFORMATION TO USERS
 CONCERNING PROBLEM GAMING IDENTIFICATION AND  RESOURCES;  PROCEDURES  TO
 PREVENT GAMING BY MINORS AND SELF-EXCLUDED PERSONS; AND SUCH OTHER PROB-
 LEM GAMING INFORMATION AS THE COMMISSION MAY REQUIRE BY RULE.
   (B)  OPERATORS  SHALL  NOT DIRECTLY OR INDIRECTLY OPERATE, PROMOTE, OR
 ADVERTISE ANY PLATFORM OR SPORTS WAGERING TO PERSONS LOCATED IN NEW YORK
 STATE UNLESS REGISTERED PURSUANT TO THIS ARTICLE.
   (C) OPERATORS SHALL NOT OFFER ANY SPORTS WAGERING BASED ON ANY PROHIB-
 ITED SPORTS EVENT.
   (D) OPERATORS SHALL NOT PERMIT SPORTS WAGERING BY ANYONE THEY KNOW, OR
 SHOULD HAVE KNOWN, TO BE A PROHIBITED SPORTS BETTOR.
   (E) ADVERTISEMENTS FOR CONTESTS AND  PRIZES  OFFERED  BY  AN  OPERATOR
 SHALL  NOT  TARGET  PROHIBITED  SPORTS BETTORS, MINORS, OR SELF-EXCLUDED
 PERSONS.
   (F) OPERATORS SHALL PROHIBIT THE USE OF THIRD-PARTY SCRIPTS OR SCRIPT-
 ING PROGRAMS FOR ANY EXCHANGE WAGERING CONTEST AND ENSURE THAT  MEASURES
 ARE  IN  PLACE  TO DETER, DETECT AND, TO THE EXTENT REASONABLY POSSIBLE,
 PREVENT CHEATING, INCLUDING COLLUSION, AND THE USE OF CHEATING  DEVICES,
 INCLUDING  USE OF SOFTWARE PROGRAMS THAT SUBMIT EXCHANGE WAGERING SPORTS
 WAGERS UNLESS OTHERWISE APPROVED BY THE COMMISSION.
   (G) OPERATORS SHALL DEVELOP AND PROMINENTLY DISPLAY PROCEDURES ON  THE
 MAIN  PAGE  OF SUCH OPERATOR'S PLATFORM FOR THE FILING OF A COMPLAINT BY
 AN AUTHORIZED SPORTS BETTOR AGAINST SUCH OPERATOR. AN  INITIAL  RESPONSE
 SHALL  BE  GIVEN  BY  SUCH  OPERATOR TO SUCH BETTOR FILING THE COMPLAINT
 WITHIN FORTY-EIGHT HOURS. A COMPLETE RESPONSE SHALL  BE  GIVEN  BY  SUCH
 OPERATOR  TO  SUCH BETTOR FILING THE COMPLAINT WITHIN TEN BUSINESS DAYS.
 AN AUTHORIZED SPORTS BETTOR MAY FILE A COMPLAINT ALLEGING A VIOLATION OF
 THE PROVISIONS OF THIS ARTICLE WITH THE COMMISSION.
   (H) OPERATORS SHALL MAINTAIN RECORDS  OF  ALL  ACCOUNTS  BELONGING  TO
 AUTHORIZED SPORTS BETTORS AND RETAIN SUCH RECORDS OF ALL TRANSACTIONS IN
 SUCH ACCOUNTS FOR THE PRECEDING FIVE YEARS.
   (I)  THE  SERVER  OR  OTHER  EQUIPMENT WHICH IS USED BY AN OPERATOR TO
 ACCEPT MOBILE SPORTS WAGERING SHALL BE LOCATED IN  THE  LICENSED  GAMING
 FACILITY IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE COMMISSION.
   (J) ALL MOBILE SPORTS WAGERING INITIATED IN THIS STATE SHALL BE DEEMED
 TO  TAKE PLACE AT THE LICENSED GAMING FACILITY WHERE THE SERVER OR OTHER
 EQUIPMENT USED BY AN  OPERATOR  TO  ACCEPT  MOBILE  SPORTS  WAGERING  IS
 LOCATED,  REGARDLESS OF THE AUTHORIZED SPORTS BETTOR'S PHYSICAL LOCATION
 WITHIN THIS STATE.
   (K) ALL MOBILE SPORTS WAGERING SHALL BE CONDUCTED IN  COMPLIANCE  WITH
 THIS SECTION AND SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THIS TITLE.

 S. 1183                            19                            A. 1257

   (L)  PERMIT  AN  INDIAN TRIBE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
 THREE-A OF THIS SECTION TO PLACE AT THE  LICENSED  GAMING  FACILITY  THE
 SERVER  OR  OTHER  EQUIPMENT BY WHICH THE INDIAN TRIBE MAY ACCEPT MOBILE
 SPORTS WAGERING, AND TO MAKE COMMERCIALLY REASONABLE  ACCOMMODATIONS  AS
 MAY BE NECESSARY TO PLACE AND OPERATE THE INDIAN TRIBE'S SERVER OR OTHER
 EQUIPMENT.
   5.  (A)  SUBJECT TO REGULATIONS PROMULGATED BY THE COMMISSION, CASINOS
 MAY ENTER INTO AGREEMENTS WITH OPERATORS  OR  AFFILIATES  TO  ALLOW  FOR
 AUTHORIZED  BETTORS  TO  SIGN  UP  TO CREATE AND FUND ACCOUNTS ON MOBILE
 SPORTS WAGERING PLATFORMS OFFERED BY THE CASINO.
   (B) AUTHORIZED SPORTS BETTORS MAY SIGN UP TO CREATE THEIR ACCOUNT ON A
 MOBILE SPORTS WAGERING PLATFORM IN PERSON AT A CASINO, OR AN  AFFILIATE,
 OR THROUGH AN OPERATORS INTERNET WEBSITE ACCESSED VIA A MOBILE DEVICE OR
 COMPUTER, OR MOBILE DEVICE APPLICATIONS.
   (C)  AUTHORIZED SPORTS BETTORS MAY DEPOSIT AND WITHDRAW FUNDS IN THEIR
 ACCOUNT ON A MOBILE SPORTS WAGERING PLATFORM IN PERSON AT A  CASINO,  OR
 AN  AFFILIATE,  ELECTRONICALLY  RECOGNIZED  PAYMENT  METHODS, OR VIA ANY
 OTHER MEANS APPROVED BY THE COMMISSION.
   (D) IN ACCORDANCE WITH  REGULATIONS  PROMULGATED  BY  THE  COMMISSION,
 CASINOS MAY ENTER INTO AGREEMENTS WITH AFFILIATES TO LOCATE SELF-SERVICE
 MOBILE  SPORTS  BETTING KIOSKS, WHICH ARE OWNED, OPERATED AND MAINTAINED
 BY THE CASINO, AND CONNECTED VIA THE INTERNET TO THE  CASINO,  UPON  THE
 PREMISES  OF THE AFFILIATE.  AUTHORIZED SPORTS BETTORS MAY PLACE ACCOUNT
 WAGERS, AND PLACE AND REDEEM NON-ACCOUNT CASH WAGERS, AT SUCH KIOSKS.
   (E) ALL AGREEMENTS ENTERED INTO  BETWEEN  CASINOS  AND  AFFILIATES  IN
 RELATION  TO  THE  PROVISIONS  OF  THIS SECTION SHALL BE APPROVED BY THE
 COMMISSION PRIOR TO TAKING EFFECT AND SHALL INCLUDE A PLAN FOR THE TIME-
 LY PAYMENT OF LIABILITIES DUE TO  THE  AFFILIATE  UNDER  THE  AGREEMENT;
 PROVIDED, HOWEVER, THAT THE COMMISSION SHALL NOT APPROVE ANY SUCH AGREE-
 MENT  BETWEEN A CASINO AND A RACETRACK LICENSED PURSUANT TO THIS CHAPTER
 OR AN OPERATOR OF VIDEO LOTTERY GAMING AT AQUEDUCT LICENSED PURSUANT  TO
 SECTION  ONE  THOUSAND  SIX  HUNDRED  SEVENTEEN-A  OF THE TAX LAW, UNTIL
 TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH; AND  PROVIDED,
 FURTHER,  THAT  THE  COMMISSION  SHALL  NOT  APPROVE  ANY SUCH AGREEMENT
 BETWEEN A CASINO AND A PROFESSIONAL SPORTS STADIUM OR ARENA, UNTIL TWEN-
 TY MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.
   6. THE COMMISSION SHALL ANNUALLY CAUSE A REPORT  TO  BE  PREPARED  AND
 DISTRIBUTED  TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPACT OF MOBILE
 SPORTS WAGERING ON PROBLEM  GAMBLERS  IN  NEW  YORK.  THE  REPORT  SHALL
 INCLUDE  AN  ASSESSMENT OF PROBLEM GAMING AMONG PERSONS UNDER THE AGE OF
 THIRTY. THE REPORT SHALL BE PREPARED BY A NON-GOVERNMENTAL  ORGANIZATION
 OR  ENTITY  WITH EXPERTISE IN SERVING THE NEEDS OF PERSONS WITH GAMBLING
 ADDICTIONS. THE REPORT SHALL  BE  PREPARED  AND  DISTRIBUTED  UNDER  THE
 SUPERVISION  OF AND IN COORDINATION WITH THE COMMISSION. THE COSTS ASSO-
 CIATED WITH THE PREPARATION AND DISTRIBUTION  OF  THE  REPORT  SHALL  BE
 BORNE  BY  OPERATORS  AND THE COMMISSION SHALL BE AUTHORIZED TO ASSESS A
 FEE AGAINST OPERATORS FOR THESE  PURPOSES.  THE  COMMISSION  SHALL  ALSO
 REPORT  PERIODICALLY  TO  THE GOVERNOR AND THE LEGISLATURE ON THE EFFEC-
 TIVENESS OF THE STATUTORY AND REGULATORY CONTROLS IN PLACE TO ENSURE THE
 INTEGRITY OF MOBILE SPORTS WAGERING OPERATIONS.
   § 3. Section 104 of the racing, pari-mutuel wagering and breeding  law
 is amended by adding a new subdivision 24 to read as follows:
   24. TO REGULATE SPORTS WAGERING IN NEW YORK STATE.
   §  4. Severability clause. If any provision of this act or application
 thereof shall for any reason be  adjudged  by  any  court  of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or

 S. 1183                            20                            A. 1257
 
 invalidate the remainder of the act, but shall be confined in its opera-
 tion to the provision thereof directly involved in  the  controversy  in
 which the judgment shall have been rendered.
   § 5. This act shall take effect immediately.