S 10091 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10091 Summary: BILL NO S10091 &nbsp SAME AS SAME AS A10709

&nbsp SPONSOR BROUK &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §396-kkk, Gen Bus L &nbsp Enacts the "protecting our kids from gamification of gambling act"; makes it unlawful for operators of social gaming platforms to provide a service to a minor user that allows online gaming-related gambling.

Go to top S10091 Text:

STATE OF NEW YORK ________________________________________________________________________

10091

IN SENATE

April 28, 2026 ___________

Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology

AN ACT to amend the general business law, in relation to enacting the "protecting our kids from gamification of gambling act"

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Short title. This act shall be known and may be cited as 2 the "protecting our kids from gamification of gambling act". 3 § 2. The general business law is amended by adding a new section 396- 4 kkk to read as follows: 5 § 396-kkk. Unlawful online gaming-related gambling for minors. 1. 6 For the purposes of this section, the following terms shall have the 7 following meanings: 8 (a) "Add-on transaction" means a payment made to the operator of a 9 social gaming platform of either money or an in-game proxy for money, 10 including but not limited to, virtual currency which can be purchased 11 with money that: 12 (i) unlocks a feature of the product; or 13 (ii) enhances the entertainment value of the product. 14 (b) "Loot box" means an add-on transaction to a social gaming platform 15 that through a process of total or partial randomization: 16 (i) unlocks a feature of the product; 17 (ii) enhances the entertainment value of the product; or 18 (iii) allows the user to make one or more additional add-on trans- 19 actions that such user could not have made without making the first 20 add-on transaction and the content of which is unknown to the user until 21 after such user has made the first add-on transaction. 22 (c) "Minor" means an individual less than eighteen years of age 23 located in the state of New York. 24 (d) "Online gaming-related gambling" means activities that occur with- 25 in video game environments or involve game-related items and currency, 26 including but not limited to: 27 (i) exchanging real money for random, chance-based rewards in games, 28 such as loot boxes and other add-on transactions; and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15217-01-6

S. 10091 2

1 (ii) trading or betting using in-game items acquired with real money, 2 such as buying and trading skins or other pay-to-win microtransactions. 3 (e) "Operator" means any person, business, or other legal entity who 4 operates or provides a social gaming platform. 5 (f) "Pay-to-win microtransaction" means an add-on transaction to a 6 social gaming platform that from the perspective of reasonable users of 7 such social gaming platform is a game offering a scoring system, a set 8 of goals to achieve, a set of rewards, or a sense of interactive 9 progression through the social gaming platform's content including but 10 not limited to narrative progression that: 11 (i) eases a user's progression through content otherwise unavailable 12 within the game without the purchase of such transaction; or 13 (ii) assists a user in accomplishing an achievement within the game 14 that can otherwise be accomplished without the purchase of such trans- 15 action; or 16 (iii) assists a user in receiving an award associated with the game 17 that is otherwise unavailable in association with the game without the 18 purchase of such transaction; or 19 (iv) permits a user to continue to access content of the game that had 20 previously been accessible to the user but has been made inaccessible 21 after the expiration of a timer or a number of gameplay attempts; or 22 (v) with respect to an interactive digital entertainment product that, 23 from the perspective of a reasonable user of the product, is a game 24 featuring competition with other users and provides a user with a 25 competitive advantage with respect to the game's competitive aspects 26 over users who do not make such a transaction. 27 (g) "Skins" means in-game virtual reward systems where users utilize 28 real or virtual currency to purchase loot boxes containing random 29 cosmetic items or skins for characters or weapons. Such skins can range 30 widely in value and can often be sold or traded for real-world use on 31 third-party sites. 32 (h) "Social gaming platform" means an immersive digital space that 33 integrates gameplay, social connection, and in-game purchasing, allowing 34 users to create customizable avatars and interact with others through 35 real-time collaboration and competition. A social gaming platform is 36 accessible across consoles, computers, mobile devices, tablets, and 37 virtual reality systems. 38 (i) "User" means a user of a social gaming platform in the state of 39 New York not acting as an operator, or agent or affiliate of such opera- 40 tor, of such platform or any portion thereof. 41 2. It shall be unlawful for the operator of a social gaming platform 42 to provide a service to a user that allows online gaming-related gambl- 43 ing, unless such operator has reasonably determined that such user is 44 not a minor in accordance with age determination and age assurance regu- 45 lations promulgated by the attorney general pursuant to this section. 46 3. Information collected for the purpose of determining a user's age 47 under subdivision two of this section shall not be used for any purpose 48 other than age determination and shall be deleted immediately after an 49 attempt to determine a user's age, except where necessary for compliance 50 with any applicable provisions of New York state or federal law or regu- 51 lation. 52 4. Any violation of this section shall constitute an unlawful decep- 53 tive act or practice under section three hundred forty-nine of this 54 chapter and may be enforced by the attorney general in a civil action in 55 the name and on behalf of the people of the state of New York.

S. 10091 3

1 5. The attorney general shall maintain a website to receive 2 complaints, information and/or referrals from members of the public 3 concerning a social gaming platform's or operator's alleged compliance 4 or non-compliance with the provisions of this section. 5 6. The attorney general shall promulgate regulations as necessary to 6 effectuate the provisions of this section. Such regulations may refer- 7 ence or rely upon existing regulations promulgated by the attorney 8 general regarding age determination or age assurance. 9 § 3. Severability. If any clause, sentence, paragraph, subdivision, 10 section or part of this act shall be adjudged by any court of competent 11 jurisdiction to be invalid, such judgment shall not affect, impair, or 12 invalidate the remainder thereof, but shall be confined in its operation 13 to the clause, sentence, paragraph, subdivision, section or part thereof 14 directly involved in the controversy in which such judgment shall have 15 been rendered. It is hereby declared to be the intent of the legislature 16 that this act would have been enacted even if such invalid provisions 17 had not been included herein. 18 § 4. This act shall take effect on the one hundred eightieth day after 19 it shall have become a law. Effective immediately, the addition, amend- 20 ment and/or repeal of any rule or regulation necessary for the implemen- 21 tation of this act on its effective date are authorized to be made and 22 completed on or before such effective date.

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