The New York State Gaming Commission has published two draft regulations detailing potential safeguards to protect youth and implement additional responsible gaming practices. 

The sweeping measures would prevent youth from gambling online, bar sports wagering operators from using AI to target bettors, establish activity triggers that would require operators to check on their patron, and establish other innovative efforts to protect New Yorkers who are legally able to gamble from potential harms.

The draft measures are in response to Governor Kathy Hochul’s 2026 State of the State Address, where she directed the Commission to take appropriate action to ensure young people are not downloading betting apps, creating accounts or using others’ accounts. 

Governor Hochul also directed the Commission to consider ways to use new technology to assist with identifying and helping those who may need gambling addiction assistance.

“Mobile sports wagering is everywhere, enticing everyone – including our youth – to place bets without fully considering the consequences,” Governor Hochul said. “We need strong regulatory safeguards to prevent those under 21 from gambling, keep artificial intelligence from preying on gamblers, and require sports wagering operators take real action if one of their customers is showing signs of gambling harm. 

“I’m thankful to the Gaming Commission for putting forth comprehensive measures that achieve these goals and protect New Yorkers. As a reminder: Only legal, regulated gaming have such safeguards in place.”

The Commission is considering restricting all licensees or franchisees – not just sports wagering – from using AI to offer personalized promotions or suggested wagers or wager amounts to a customer.

To further prevent underage individuals from accessing sports wagering in New York State, the Commission is considering:

  • Requiring age-assurance and device registration controls to prevent any underage person from downloading or installing a gambling app on their device.
  • Requiring individuals to provide biometric data to create an account to ensure the later user of the account is the same as the person who established the account. Current accountholders would be given two months to provide their biometric data, or their account would be closed.
  • Requiring a bettor to provide their biometric ID before placing a wager in a session and again before the wager is accepted.
  • Requiring sports wagering licensees to use geolocation controls to deny access when attempted from:

– A mobile device other than the one normally used by the customer; or

– Locations where the customer does not normally use the app unless they confirm their identity through biometric ID.

– Preventing account access at two or more locations that are too far for the customer to be at the same or near the same time.

– Giving adults the ability to prevent their Social Security number from being used to establish a sports wagering account, for a fixed period of time.

The Commission is also considering involuntarily banning any individual who allows an underage person to gamble from participating in any gambling in the state. 

These individuals would be prohibited from playing the New York Lottery, attending a horse race, attending a concert or eating at a restaurant at a commercial casino etc. anywhere in New York State.

“As Governor Hochul rightly highlighted: No other form of gambling has pervaded our consciousness like sports wagering, and impressionable kids are constantly exposed to the practice,” said Gaming Commission chair Brian O’Dwyer. “Per her direction, we have identified additional ways to protect our youth, help those who need it at the point of crisis, and keep legalized, regulated gaming safe for all New Yorkers. We look forward to hearing from the public on these important proposals.”

The Commission is also considering a comprehensive responsible gaming proposal that would establish customer activity triggers for operator intervention. This would require each operator designate a Responsible Gaming Lead to implement regulatory requirements, including identifying and maintaining a list of at-risk patrons, ensuring at-risk patrons are provided with responsible gaming information and are not presented with direct advertising materials.

The lead will also undertake specific phases of interventions depending on the triggers, which would include customer deposits exceeding $10,000 over a 24-hour period or $100,000 over a 90-day period.

“The swift action taken by the Gaming Commission to draft and release these proposed measures in response to Governor Hochul’s call to action is a testament to problem gambling being addressed as a serious issue in New York,” said New York Council on Problem Gambling executive director Michelle Hadden. “Regulatory measures are a necessary part of ensuring that the gambling environment is for entertainment for those of legal age ONLY and are an important part of New York’s comprehensive public health approach. 

“Vulnerability must not be preyed upon in these environments and we appreciate that clear action is being outlined and recommended by the Gaming Commission.”

State Senator Samra Brouk added: “Youth mental health is still a crisis in New York State. As chair of the Senate Mental Health Committee, I applaud Governor Hochul for enacting measures that will protect our young people from online gambling and keep them safe from potential harm.”

Before publishing a formal proposal, the Commission is seeking feedback on these measures from the sports wagering industry, responsible gaming advocates and problem gambling treatment professionals, as well as parent-teacher organizations, schools and religious organizations, among others.

The Commission is accepting comments on the draft language until May 15.