STATE OF NEW YORK
________________________________________________________________________
6389
2019-2020 Regular Sessions
IN SENATE
June 7, 2019
___________
Introduced by Sen. ADDABBO -- (at request of the New York State Gaming
Commission) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to improvement of self-exclusion provisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 111 of the
2 racing, pari-mutuel wagering and breeding law, as added by section 1 of
3 part A of chapter 60 of the laws of 2012, is amended and four new subdi-
4 visions 4, 5, 6 and 7 are added to read as follows:
5 (c) No voluntary order or request to exclude persons from entering the
6 premises of any such association, corporation, or facility may be
7 rescinded, canceled, or declared null and void until a minimum of seven
8 days after a request has been received by such association, corporation,
9 or facility to cancel such order or request. A person may waive or forgo
10 the ability to rescind, cancel or declare null and void such voluntary
11 order or request. The commission may set the length of the period of
12 voluntary exclusion and require any person desiring exclusion to waive
13 or forgo the ability to rescind, cancel or declare null and void such
14 voluntary order or request.
15 4. No person on a self-exclusion list pursuant to the rules and regu-
16 lations of the commission shall collect, in any manner or proceeding,
17 any winnings or recover any losses arising as a result of any gaming
18 activity prohibited by such self-exclusion.
19 5. For the purposes of this section, any gaming activity that results
20 in a self-excluded person obtaining any money or thing of value from, or
21 being owed any money or thing of value by, the party conducting such
22 gaming activity shall be considered, solely for purposes of this
23 section, to be a fully executed gambling transaction.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09113-02-9
S. 6389 2
1 6. In addition to any other penalty provided by law, any money or
2 thing of value that has been obtained by, or is owed to, any self-ex-
3 cluded person by a party conducting gaming activity as a result of
4 wagers made or play by a self-excluded person shall be subject to a
5 forfeiture following notice to the self-excluded person and the party
6 conducting the gaming activity and opportunity to be heard. A party
7 conducting gaming activity shall, when ejecting the self-excluded person
8 from the premises at which gaming activity is conducted, when seizing
9 any chips, vouchers or other representative of money otherwise owned to
10 the self-excluded person or when denying payment to the self-excluded
11 person, inform a self-excluded person of the availability of such
12 notice, which may be by reference to a notice on the commission's
13 website. All forfeited amounts from self-excluded persons shall be
14 deposited as follows:
15 (a) Forfeited amounts in connection with the lottery shall be deposit-
16 ed into the state lottery fund.
17 (b) Forfeited amounts in connection with charitable gaming shall be
18 deposited into gaming commission accounts for the regulation of charita-
19 ble gaming.
20 (c) Forfeited amounts in connection with casino gambling regulated
21 pursuant to article thirteen of this chapter shall be deposited into the
22 commercial gaming revenue fund.
23 (d) Forfeited amounts in connection with pari-mutuel wagering on horse
24 racing shall be deposited into the racing regulation account.
25 (e) Forfeited amounts in connection with any other activity shall be
26 deposited into such account as the commission may direct.
27 7. In any proceeding brought by the commission against a licensee or
28 registrant for a willful violation of the commission's self-exclusion
29 regulations, the commission may order, in addition to any other sanction
30 authorized, an additional fine of double the amount of any money or
31 thing of value obtained by the licensee or registrant from any self-ex-
32 cluded person. Any money or thing of value so forfeited shall be
33 disposed of in the same manner as any money or thing of value forfeited
34 pursuant to subdivision six of this section.
35 § 2. Section 1345 of the racing, pari-mutuel wagering and breeding
36 law, as added by chapter 174 of the laws of 2013, is amended to read as
37 follows:
38 § 1345. Excluded person; forfeiture of winnings; other sanctions. 1. A
39 person who is prohibited from gaming in a licensed gaming facility by
40 any order of the executive director, commission or court of competent
41 jurisdiction[, including any person on the self-exclusion list pursuant
42 to subdivision one of section one thousand three hundred forty-four of
43 this title,] shall not collect, in any manner or proceeding, any
44 winnings or recover any losses arising as a result of any prohibited
45 gaming activity.
46 2. For the purposes of this section, any gaming activity in a licensed
47 gaming facility [which] that results in a prohibited person obtaining
48 any money or thing of value from, or being owed any money or thing of
49 value by, the gaming facility shall be considered, solely for purposes
50 of this section, to be a fully executed gambling transaction.
51 3. In addition to any other penalty provided by law, any money or
52 thing of value [which] that has been obtained by, or is owed to, any
53 prohibited person by a licensed gaming facility as a result of wagers
54 made by a prohibited person shall be subject to forfeiture following
55 notice to the prohibited person and the gaming facility and opportunity
56 to be heard. A licensed gaming facility shall [inform a prohibited
S. 6389 3
1 person of the availability of such notice on the commission's website]
2 when ejecting the prohibited person [and] from the premises at which
3 gaming activity is conducted, when seizing any chips, vouchers or other
4 representative of money otherwise owed [by a gaming facility] to the
5 prohibited person [as authorized by this subdivision] or when denying
6 payment to the prohibited person, inform such prohibited person of the
7 availability of such notice, which may be by reference to a notice on
8 the commission's website. All forfeited amounts shall be deposited into
9 the commercial gaming revenue fund.
10 4. [In any proceeding brought by the commission against a licensee or
11 registrant for a willful violation of the commission's self-exclusion
12 regulations, the commission may order, in addition to any other sanction
13 authorized, an additional fine of double the amount of any money or
14 thing of value obtained by the licensee or registrant from any self-ex-
15 cluded person. Any money or thing of value so forfeited shall be
16 disposed of in the same manner as any money or thing of value forfeited
17 pursuant to subdivision three of this section.] Provisions in regard to
18 forfeiture by self-excluded persons pursuant to section thirteen hundred
19 forty-four of this article are governed by section one hundred eleven of
20 this chapter.
21 § 3. This act shall take effect immediately.
