§ 1367 — Sports wagering

§ 1367. Sports wagering. 1. As used in this section and in section\nthirteen hundred sixty-seven-a of this title:\n (a) "Platform provider" means an entity selected by the commission to\nconduct mobile sports wagering pursuant to a competitive bidding\nprocess;\n (b) "Authorized sports bettor" means an individual who is physically\npresent in this state when placing a sports wager, who is not a\nprohibited sports bettor, and who participates in sports wagering\noffered by a casino or a mobile sports wagering licensee;\n (c) "Casino" means a licensed gaming facility at which gambling is\nconducted pursuant to the provisions of this article;\n (d) "Commission" means the New York state gaming commission\nestablished pursuant to section one hundred two of this chapter;\n (e) "Collegiate sport or athletic event" means a sport or athletic\nevent offered or sponsored by, or played in connection with a public or\nprivate institution that offers educational services beyond the\nsecondary level;\n (f) "Covered persons" includes: athletes; players; umpires; referees;\nofficials; personnel associated with players, clubs, teams, leagues, and\nathletic associations; medical professionals, including athletic\ntrainers, who provide services to athletes and players; and the family\nmembers of these persons;\n (g) "High school sport or athletic event" means a sport or athletic\nevent offered or sponsored by or played in connection with a public or\nprivate institution that offers education services at the secondary\nlevel;\n (h) "In-play sports wager" means a sports wager placed on a sports\nevent after the sports event has begun and before it ends;\n (i) "Layoff bet" means a sports wager placed by a casino sports pool\nwith another casino sports pool;\n (j) "Minor" means any person under the age of twenty-one years;\n (k) "Mobile sports wagering platform" or "platform" means the\ncombination of hardware, software, and data networks used to manage,\nadminister, or control sports wagering and any associated wagers\naccessible by any electronic means including mobile applications and\ninternet websites accessed via a mobile device or computer;\n (l) "Mobile sports wagering operator" means a mobile sports wagering\nskin which has been licensed by the commission to operate a sports pool\nthrough a mobile sports wagering platform;\n (m) "Mobile sports wagering licensee" means a platform provider and a\nmobile sports wagering operator licensed by the commission;\n (n) "Operator" means a casino which has elected to operate a sports\npool;\n (o) "Professional sport or athletic event" means an event at which two\nor more persons participate in sports or athletic events and receive\ncompensation in excess of actual expenses for their participation in\nsuch event;\n (p) "Conduct potentially warranting further investigation" means any\nstatement, action, or other communication intended to unlawfully\ninfluence, manipulate, or control a wagering outcome of a sporting\ncontest or performance in a sporting contest in exchange for a benefit\nor to avoid financial or physical harm. "Conduct potentially warranting\nfurther investigation" may include, but not be limited to, statements,\nactions, and communications made to a covered person;\n (q) "Professional sports stadium or arena" means a stadium, ballpark,\nor arena in which a professional sport or athletic event occurs;\n (r) "Prohibited sports bettor" means:\n (i) any officer or employee of the commission;\n (ii) any principal or key employee of a casino, mobile sports wagering\nlicensee, and its affiliates, except as may be permitted by the\ncommission;\n (iii) any casino gaming or non-gaming employee at the casino that\nemploys such person and any gaming or non-gaming employee at the mobile\nsports wagering licensee that employs such person;\n (iv) any contractor, subcontractor, or consultant, or officer or\nemployee of a contractor, subcontractor, or consultant, of a casino or a\nmobile sports wagering licensee if such person is directly involved in\nthe operation or observation of sports wagering, or the processing of\nsports wagering claims or payments;\n (v) any person subject to a contract with the commission if such\ncontract contains a provision prohibiting such person from participating\nin sports wagering;\n (vi) any spouse, child, sibling or parent residing in the principal\nplace of abode of any of the foregoing persons at the same casino or\nmobile sports wagering licensee where the foregoing person is prohibited\nfrom participating in sports wagering;\n (vii) any amateur or professional athlete if the sports wager is based\non any sport or athletic event that the athlete participates in at such\namateur or professional level;\n (viii) any sports agent, owner or employee or independent contractor\nof a team, player and umpire union personnel, and employee referee,\ncoach or official of a sports governing body, if the sports wager is\nbased on any sport or athletic event overseen by the individual's sports\ngoverning body;\n (ix) any individual placing a wager as an agent or proxy for another\nperson known to be a prohibited sports bettor; or\n (x) any minor.\n (s) "Prohibited sports event" means a sport or athletic event in which\nany New York college team participates regardless of where the event\ntakes place, or high school sport or athletic event. The following shall\nnot be considered prohibited sports events: (i) a collegiate tournament,\nand (ii) a sports event within such tournament so long as no New York\ncollege team is participating in that particular sports event;\n (t) "Sports event" means any professional sport or athletic event and\nany collegiate sport or athletic event, except a prohibited sports\nevent;\n (u) "Sports governing body" means the organization that prescribes\nfinal rules and enforces codes of conduct with respect to a sporting\nevent and participants therein;\n (v) "Sports pool" means the business of accepting wagers on any sports\nevent by any system or method of wagering;\n (w) "Sports wager" means cash or cash equivalent that is paid by an\nauthorized sports bettor to a casino or a mobile sports wagering\nlicensee to participate in sports wagering offered by such casino or\nmobile sports wagering licensee;\n (x) "Sports wagering" means wagering on sporting events or any portion\nthereof, or on the individual performance statistics of athletes\nparticipating in a sporting event, or combination of sporting events, by\nany system or method of wagering, including, but not limited to,\nin-person communication and electronic communication through internet\nwebsites accessed via a mobile device or computer, and mobile device\napplications; provided however that sports wagers shall include, but are\nnot limited to, single-game bets, teaser bets, parlays, over-under bets,\nmoney line, pools, in-game wagering, in-play bets, proposition bets, and\nstraight bets;\n (y) "Sports wagering gross revenue" means: (i) the amount equal to the\ntotal of all sports wagers not attributable to prohibited sports events\nthat a mobile sports wagering licensee collects from all sports bettors,\nless the total of all sums not attributable to prohibited sports events\npaid out as winnings to all sports bettors, however, that the total of\nall sums paid out as winnings to sports bettors shall not include the\ncash equivalent value of any merchandise or thing of value awarded as a\nprize;\n (z) "Sports wagering lounge" means an area wherein a sports pool is\noperated at a casino for placement of in-person wagers;\n (aa) "Unusual wagering activity" means abnormal wagering activity\nexhibited by patrons and deemed by the casino, the mobile sports\nwagering licensee, or commission pursuant to rules and regulations\npromulgated by the commission, as a potential indicator of suspicious\nactivity. Abnormal wagering activity may include, but is not limited to,\nthe size of a patron's wager or increased wagering volume on a\nparticular event or wager type;\n (bb) "Suspicious wagering activity" means unusual wagering activity\nthat cannot be explained and is indicative of match fixing, the\nmanipulation of an event, misuse of inside information, or other\nprohibited activity; and\n (cc) "Independent integrity monitor" means an independent individual\nor entity approved by the commission to receive reports of unusual\nwagering activity from a casino, mobile sports wagering licensee, or\ncommission for the purpose of assisting in identifying suspicious\nwagering activity.\n 2. (a) In addition to authorized gaming activities, a casino may\noperate a sports pool upon the approval of the commission and in\naccordance with the provisions of this section and applicable\nregulations promulgated pursuant to this article. The commission shall\nhear and decide promptly and in reasonable order all applications for a\nlicense to operate a sports pool, shall have the general responsibility\nfor the implementation of this section and shall have all other duties\nspecified in this section with regard to the operation of a sports pool.\nThe license to operate a sports pool shall be in addition to any other\nlicense required to be issued to operate a casino. No license to operate\na sports pool shall be issued by the commission to any entity unless it\nhas established its financial stability, integrity and responsibility\nand its good character, honesty and integrity.\n No later than five years after the date of the issuance of a license\nand every five years thereafter or within such lesser periods as the\ncommission may direct, a licensee shall submit to the commission such\ndocumentation or information as the commission may by regulation\nrequire, to demonstrate to the satisfaction of the executive director of\nthe commission that the licensee continues to meet the requirements of\nthe law and regulations.\n (b) A sports pool shall be operated in a sports wagering lounge\nlocated at a casino. The lounge shall conform to all requirements\nconcerning square footage, design, equipment, security measures and\nrelated matters which the commission shall by regulation prescribe.\nProvided, however, the commission may also approve additional locations\nfor a sports pool within the casino, in areas that have been approved by\nthe commission for the conduct of other gaming, to be operated in a\nmanner and methodology as regulation shall prescribe.\n (c) The operator of a sports pool shall establish or display the odds\nat which wagers may be placed on sports events.\n (d) An operator shall accept wagers on sports events only from persons\nphysically present in the sports wagering lounge, through mobile sports\nwagering offered pursuant to section thirteen hundred sixty-seven-a of\nthis title, if such operator is also a mobile sports wagering licensee,\nor any additional locations for a sports pool within the casino,\napproved by the gaming commission. A person placing a wager shall be at\nleast twenty-one years of age.\n (e) An operator or mobile sports wagering licensee may also accept\nlayoff bets as long as the authorized sports pool places such wagers\nwith another authorized sports pool or pools in accordance with\nregulations of the commission. A sports pool that places a layoff bet\nshall inform the sports pool accepting the wager that the wager is being\nplaced by a sports pool and shall disclose its identity.\n (f) An operator or mobile sports wagering licensee may utilize global\nrisk management pursuant to the approval of the commission.\n (g) An operator or mobile sports wagering licensee shall not admit\ninto the sports wagering lounge, or accept wagers from, any person whose\nname appears on the exclusion list.\n (h) The holder of a license to operate a sports pool may contract with\nan entity to conduct that operation, in accordance with the regulations\nof the commission. That entity shall obtain a license as a casino vendor\nenterprise prior to the execution of any such contract, and such license\nshall be issued pursuant to the provisions of section one thousand three\nhundred twenty-seven of this article and in accordance with the\nregulations promulgated by the commission.\n (i) If any provision of this article or its application to any person\nor circumstance is held invalid, the invalidity shall not affect other\nprovisions or applications of this article which can be given effect\nwithout the invalid provision or application, and to this end the\nprovisions of this article are severable.\n 3. (a) All persons employed directly in wagering-related activities\nconducted within a sports wagering lounge shall be licensed as a casino\nkey employee or registered as a gaming employee, as determined by the\ncommission. All other employees who are working in the sports wagering\nlounge may be required to be registered, if appropriate, in accordance\nwith regulations of the commission.\n (b) Each operator of a sports pool shall designate one or more casino\nkey employees who shall be responsible for the operation of the sports\npool. At least one such casino key employee shall be on the premises\nwhenever sports wagering is conducted.\n 4. Except as otherwise provided by this article, the commission shall\nhave the authority to regulate sports pools and the conduct of sports\nwagering under this article to the same extent that the commission\nregulates other gaming. No casino or mobile sports wagering licensee\nshall be authorized to operate a sports pool unless it has produced\ninformation, documentation, and assurances concerning its financial\nbackground and resources, including cash reserves, that are sufficient\nto demonstrate that it has the financial stability, integrity, and\nresponsibility to operate a sports pool. In developing rules and\nregulations applicable to sports wagering, the commission shall examine\nthe regulations implemented in other states where sports wagering is\nconducted and shall, as far as practicable, adopt a similar regulatory\nframework. The commission shall promulgate regulations necessary to\ncarry out the provisions of this section, including, but not limited to,\nregulations governing the:\n (a) amount of cash reserves to be maintained by casinos and mobile\nsports wagering licensees to cover winning wagers;\n (b) acceptance of wagers on a series of sports events;\n (c) maximum wagers which may be accepted by a casino or mobile sports\nwagering licensee from any one patron on any one sports event;\n (d) type of wagering tickets which may be used;\n (e) method of issuing tickets;\n (f) method of accounting to be used by casinos and mobile sports\nwagering licensees;\n (g) types of records which shall be kept;\n (h) use of credit and checks by authorized sports bettors;\n (i) the process by which a casino may place a layoff bet;\n (j) the use of global risk management;\n (k) type of system for wagering; and\n (l) protections for a person placing a wager.\n 5. Each casino and mobile sports wagering licensee shall adopt\ncomprehensive house rules governing sports wagering transactions with\nits authorized sports bettors. The rules shall specify the amounts to be\npaid on winning wagers and the effect of schedule changes. The house\nrules, together with any other information the commission deems\nappropriate, shall be conspicuously displayed in the sports wagering\nlounge and included in the terms and conditions of the account wagering\nsystem, and copies shall be made readily available to authorized sports\nbettors. Mobile sports wagering operators shall develop and prominently\ndisplay procedures on the main page of such mobile sports wagering\noperator's platform for the filing of complaints by authorized sports\nbettors against such mobile sports wagering operator. An initial\nresponse shall be given by such mobile sports wagering operator to such\nbettor filing the complaint within forty-eight hours. A complete\nresponse shall be given by such mobile sports wagering operator to such\nbettor filing the complaint within ten business days. An authorized\nsports bettor may file a complaint alleging a violation of the\nprovisions of this article with the commission.\n 6. (a) Each casino and mobile sports wagering operator that offers\nsports wagering shall annually submit a report to the commission no\nlater than the twenty-eighth of February of each year, which shall\ninclude the following information:\n (i) the total amount of sports wagers received from authorized sports\nbettors;\n (ii) the total amount of prizes awarded to authorized sports bettors;\n (iii) the total amount of sports wagering gross revenue received by\nthe casino or mobile sports wagering operator;\n (iv) the total amount of wagers received on each sports governing\nbody's sporting events;\n (v) the number of accounts held by authorized sports bettors;\n (vi) the total number of new accounts established in the preceding\nyear, as well as the total number of accounts permanently closed in the\npreceding year;\n (vii) the total number of authorized sports bettors that requested to\nexclude themselves in a prior year who participated in sports wagering;\nand\n (viii) any additional information that the commission deems necessary\nto carry out the provisions of this article.\n (b) The commission shall annually publish a report based on the\naggregate information provided by all casinos and mobile sports wagering\noperators pursuant to paragraph (a) of this subdivision, which shall be\npublished on the commission's website no later than one hundred eighty\ndays after the deadline for the submission of individual reports as\nspecified in such paragraph (a).\n 7. For the privilege of conducting sports wagering in the state,\ncasinos shall pay a tax equivalent to ten percent of their sports\nwagering gross gaming revenue, excluding sports wagering gross gaming\nrevenue attributed to mobile sports wagering offered pursuant to section\nthirteen hundred sixty-seven-a of this title. Platform providers shall\npay a tax constituting a certain percentage of the sports wagering gross\ngaming revenue attributed to mobile sports wagering offered through such\nplatform provider's platform pursuant to section thirteen hundred\nsixty-seven-a of this title; provided however, that such percentage\nshall be determined pursuant to a competitive bidding process conducted\nby the commission as outlined in subdivision seven of section thirteen\nhundred sixty-seven-a of this title; and provided further, that such\npercentage shall be no lower than twelve percent. When awarding a\nlicense pursuant to section thirteen hundred sixty-seven-a of this\ntitle, the commission may set graduated tax rates; provided however,\nthat any such tax rates may not be lower than the minimum rate\nestablished in this subdivision.\n 8. Notwithstanding section thirteen hundred fifty-one of this article,\nmobile sports wagering gross gaming revenue and tax revenue shall be\nexcluded from sports wagering gross gaming revenue and tax revenue.\nMobile sports wagering tax revenue shall be separately maintained and\nreturned to the state for deposit into the state lottery fund for\neducation aid except as otherwise provided in this subdivision. Any\ninterest and penalties imposed by the commission relating to those\ntaxes, all penalties levied and collected by the commission, and the\nappropriate funds, cash or prizes forfeited from sports wagering shall\nbe deposited into the state lottery fund for education. In fiscal year\ntwo thousand twenty-two, the commission shall pay into the commercial\ngaming fund one percent of the state tax imposed on mobile sports\nwagering by this section to be distributed for problem gambling\neducation and treatment purposes pursuant to paragraph a of subdivision\nfour of section ninety-seven-nnnn of the state finance law; provided\nhowever, that such amount shall be equal to six million dollars for each\nfiscal year through fiscal year two thousand twenty-six and twelve\nmillion dollars for each fiscal year thereafter, provided that this\namount may only be expended pursuant to a plan approved by the director\nof the budget. In fiscal year two thousand twenty-two, the commission\nshall pay one percent of the state tax imposed on mobile sports wagering\nby this section to the general fund, a program to be administered by the\noffice of children and family services for a statewide youth sports\nactivities and education grant program for the purpose of providing\nannual awards to sports programs for underserved youth under the age of\neighteen years; provided however, that such amount shall be equal to\nfive million dollars for each fiscal year thereafter. The commission\nshall require at least monthly deposits by a platform provider of any\npayments pursuant to subdivision seven of this section, at such times,\nunder such conditions, and in such depositories as shall be prescribed\nby the state comptroller. The deposits shall be deposited to the credit\nof the state commercial gaming revenue fund. The commission shall\nrequire a monthly report and reconciliation statement to be filed with\nit on or before the tenth day of each month, with respect to gross\nrevenues and deposits received and made, respectively, during the\npreceding month.\n 9. The commission may perform audits of the books and records of a\ncasino or mobile sports wagering licensee pursuant to section one\nhundred four of this chapter.\n 10. Nothing in this section shall apply to interactive fantasy sports\noffered pursuant to article fourteen of this chapter. Nothing in this\nsection authorizes any entity that conducts interactive fantasy sports\noffered pursuant to article fourteen of this chapter to conduct sports\nwagering unless it separately qualifies for, and obtains, authorization\npursuant to this section.\n 11. A sports governing body may notify the commission that it desires\nto restrict, limit, or exclude wagering on its sporting events by\nproviding notice in the form and manner as the commission may require.\nUpon receiving such notice, the commission shall review the request in\ngood faith, seek input from the casinos or mobile sports wagering\nlicensees on such a request, and if the commission deems it appropriate,\npromulgate regulations to restrict such sports wagering.\n 12. (a) When potential criminal activity is suspected by the\ncommission, the commission shall designate the division of the state\npolice to have primary responsibility for assisting the commission in\nconducting investigations into unusual wagering activity, match fixing,\nand other conduct that corrupts a wagering outcome of a sporting event\nor events.\n (b) Casinos and mobile sports wagering licensees shall maintain\nrecords of sports wagering operations in accordance with regulations\npromulgated by the commission. These regulations shall, at a minimum,\nrequire a casino or mobile sports wagering operator to adopt procedures\nto obtain personally identifiable information from any individual who\nplaces any single wager in an amount of ten thousand dollars or greater\nor making a potential payout or actual payout of ten thousand dollars or\ngreater on a winning wager.\n (c) Casinos, mobile sports wagering licensees and sports governing\nbodies shall cooperate with the commission to ensure the timely,\nefficient, and accurate sharing of information.\n (d) Casinos, mobile sports wagering licensees and sports governing\nbodies shall cooperate with investigations conducted by the commission\nor law enforcement agencies, including but not limited to providing or\nfacilitating the provision of account-level wagering information and\naudio or video files relating to persons placing wagers; provided,\nhowever, that the casino and mobile sports wagering operator shall not\nbe required to share any personally identifiable information of an\nauthorized sports bettor with any sports governing body unless ordered\nto do so by the commission, a law enforcement agency or court of\ncompetent jurisdiction.\n (e) (i) Casinos and mobile sports wagering licensees shall promptly\nreport to the commission and any third party integrity monitoring\nprovider approved by the commission, as applicable and in accordance\nwith rules and regulations established by the commission, any\ninformation relating to:\n (1) criminal or disciplinary proceedings commenced against the casino\nor mobile sports wagering licensee in connection with its operations;\n (2) unusual wagering activity or patterns that may indicate a concern\nwith the integrity of a sporting event or events;\n (3) any potential breach of the relevant sports governing body's\ninternal rules and codes of conduct pertaining to sports wagering, as\nthey have been provided by the sports governing body to the casino or\nthe mobile sports wagering operator;\n (4) any other conduct that corrupts a wagering outcome of a sporting\nevent or events, including match fixing; and\n (5) suspicious or illegal wagering activities, including use of funds\nderived from illegal activity, wagers to conceal or launder funds\nderived from illegal activity, using agents to place wagers, using\nconfidential non-public information, and using false identification.\n (ii) The commission may share information relating to conduct\ndescribed in clauses two, three and four of subparagraph (i) of this\nparagraph with the relevant sports governing body.\n (iii) The commission shall be authorized to share any information\nunder this section with any law enforcement entity, team, sports\ngoverning body, or regulatory agency the commission deems appropriate.\nSuch sharing of information may include, but is not limited to, account\nlevel wagering information and any audio or video files related to the\ninvestigation.\n (iv) A casino or mobile sports wagering licensee may be required to\nshare any personally identifiable information of an authorized sports\nbettor with a sports governing body only pursuant to an order to do so\nby the commission, a law enforcement agency or a court of competent\njurisdiction.\n (f) The confidentiality of information shared between a sports\ngoverning body and a casino or a mobile sports wagering operator shall\nbe maintained pursuant to all applicable data privacy laws, unless\ndisclosure is required by this section, the commission, other law, or\ncourt order. Furthermore, the information shared between a sports\ngoverning body, a casino, a mobile sports wagering operator or any other\nparty pursuant to this act may not be used for business or marketing\npurposes by the recipient without the express written approval of the\nparty that provides such information.\n (g) The commission, by regulation, may authorize and promulgate any\nrules necessary to implement agreements with other states, or authorized\nagencies thereof to enable the sharing of information to facilitate\nintegrity monitoring and the conduct of investigations into abnormal\nwagering activity, match fixing, and other conduct that corrupts a\nwagering outcome of a sporting event or events.\n (h) In the event of the creation of an entity that maintains an\ninterstate database of sports wagering information for the purpose of\nintegrity monitoring, the commission may share information and cooperate\nwith such entity pursuant to regulations promulgated by the commission.\n (i) Casinos and mobile sports wagering licensees shall adopt\nprocedures to prevent persons from wagering on sports events who are\nprohibited from placing sports wagers. A casino or mobile sports\nwagering licensee shall not accept wagers from any person:\n (i) whose name appears on the exclusion list maintained by the\ncommission and provided to the casino or mobile sports wagering\nlicensee;\n (ii) whose name appears on any self-exclusion list maintained by the\ncommission and provided to the casino or mobile sports wagering\nlicensee;\n (iii) who is the operator, director, officer, owner, or employee of\nthe casino or mobile sports wagering licensee or any spouse, child,\nsibling or parent living in the same principal place of abode as such\nindividual;\n (iv) who has been identified as a prohibited sports bettor in a list\nprovided by the sports governing body to the commission and casino or\nmobile sports wagering operator, that identifies the individual by such\npersonally identifiable information as specified by rules and\nregulations promulgated by the commission; or\n (v) who is an agent or proxy for a prohibited sports bettor.\n (j) The commission shall establish a method of communication, which\nmay include, but is not limited to a website form, that allows any\nperson to confidentially report information about conduct potentially\nwarranting further investigation to the commission. The identity of any\nperson reporting conduct potentially warranting further investigation to\nthe commission shall remain confidential unless that person authorizes\ndisclosure of his or her identity or until such time as the allegation\nof conduct potentially warranting further investigation is referred to\nlaw enforcement. The commission shall promulgate rules governing the\ninvestigation and resolution of a charge of any person purported to have\nengaged in conduct potentially warranting further investigation.\n 13. The commission shall promulgate rules that require a casino or\nmobile sports wagering licensees to implement responsible gaming\nprograms that include comprehensive employee trainings on responding to\ncircumstances in which individuals present signs of a gambling addiction\nand requirements for casinos and mobile sports wagering licensees under\nsection thirteen hundred sixty-seven-a of this title to assess, prevent,\nand address problem gaming by such casino's or mobile sports wagering\nlicensee's users.\n 14. For purposes of wager determination, the commission shall provide\na preference for the use of official league data unless the use of other\nobjective wager determination criteria has been justified to the\nsatisfaction of the commission.\n 15. The conduct of sports wagering in violation of this section is\nprohibited.\n 16. (a) In addition to any criminal penalties provided for under\narticle two hundred twenty-five of the penal law, any person, firm,\ncorporation, association, agent, or employee, who is not authorized to\noffer sports wagering under this section or section thirteen hundred\nsixty-seven-a of this title, and who knowingly offers or attempts to\noffer sports wagering or mobile sports wagering in New York shall be\nliable for a civil penalty of not more than one hundred thousand dollars\nfor each violation, not to exceed five million dollars for violations\narising out of the same transaction or occurrence, which shall accrue to\nthe state and may be recovered in a civil action brought by the attorney\ngeneral.\n (b) Any person, firm, corporation, association, agent, or employee who\nknowingly violates any procedure implemented under this section, or\nsection thirteen hundred sixty-seven-a of this title, shall be liable\nfor a civil penalty as described in section one hundred sixteen of this\nchapter which shall accrue to the state and may be recovered in a civil\naction brought by the commission.\n