Bill Text: NY A10566 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to self-exclusion provisions; provides for moneys forfeited by self-exclusion to be deposited in certain gaming commission accounts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-04 - referred to racing and wagering [A10566 Detail]

Download: New_York-2023-A10566-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10566

                   IN ASSEMBLY

                                      June 4, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
          (at request of the New York State Gaming Commission) -- 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 improvement of the 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 amended by chapter 564
     3  of the laws of 2021, is amended and four new subdivisions 4, 5, 6 and  7
     4  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     7  rescinded, canceled, or declared null and void until a minimum of  seven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.
    24    6.  In  addition  to  any  other penalty provided by law, any money or
    25  thing of value that has been obtained by, or is owed  to,  any  self-ex-
    26  cluded  person  by  a  party  conducting  gaming activity as a result of
    27  wagers made or play by a self-excluded person  shall  be  subject  to  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06293-03-4
        A. 10566                            2

     1  forfeiture  following  notice  to the self-excluded person and the party
     2  conducting the gaming activity and opportunity  to  be  heard.  A  party
     3  conducting gaming activity shall, when ejecting the self-excluded person
     4  from  the  premises  at which gaming activity is conducted, when seizing
     5  any chips, vouchers or other representative of money otherwise  owed  to
     6  the  self-excluded  person  or when denying payment to the self-excluded
     7  person, inform a  self-excluded  person  of  the  availability  of  such
     8  notice,  which  may  be  by  reference  to  a notice on the commission's
     9  website. All forfeited  amounts  from  self-excluded  persons  shall  be
    10  deposited as follows:
    11    (a) Forfeited amounts in connection with the lottery shall be deposit-
    12  ed into the state lottery fund.
    13    (b)  Forfeited  amounts  in connection with charitable gaming shall be
    14  deposited into gaming commission accounts for the regulation of charita-
    15  ble gaming.
    16    (c) Forfeited amounts in connection  with  casino  gambling  regulated
    17  pursuant to article thirteen of this chapter shall be deposited into the
    18  commercial gaming revenue fund.
    19    (d) Forfeited amounts in connection with pari-mutuel wagering on horse
    20  racing shall be deposited into the racing regulation account.
    21    (e)  Forfeited  amounts in connection with any other activity shall be
    22  deposited into such account as the commission may direct.
    23    7. In any proceeding brought by the commission against a  licensee  or
    24  registrant  for  a  willful violation of the commission's self-exclusion
    25  regulations, the commission may order, in addition to any other sanction
    26  authorized, an additional fine of double the  amount  of  any  money  or
    27  thing  of value obtained by the licensee or registrant from any self-ex-
    28  cluded person. Any money  or  thing  of  value  so  forfeited  shall  be
    29  disposed  of in the same manner as any money or thing of value forfeited
    30  pursuant to subdivision six of this section.
    31    § 2. Subdivisions 1, 3 and 4 of section 1345 of the racing, pari-mutu-
    32  el wagering and breeding law, as added by chapter 174  of  the  laws  of
    33  2013, are amended to read as follows:
    34    1. A person who is prohibited from gaming in a licensed gaming facili-
    35  ty by any order of the executive director, commission or court of compe-
    36  tent  jurisdiction[,  including  any  person  on the self-exclusion list
    37  pursuant to subdivision  one  of  section  one  thousand  three  hundred
    38  forty-four  of this title,] shall not collect, in any manner or proceed-
    39  ing, any winnings or recover any losses  arising  as  a  result  of  any
    40  prohibited gaming activity.
    41    3.  In  addition  to  any  other penalty provided by law, any money or
    42  thing of value [which] that has been obtained by, or  is  owed  to,  any
    43  prohibited  person  by  a licensed gaming facility as a result of wagers
    44  made by a prohibited person shall be  subject  to  forfeiture  following
    45  notice  to the prohibited person and the gaming facility and opportunity
    46  to be heard. A licensed  gaming  facility  shall  [inform  a  prohibited
    47  person  of  the availability of such notice on the commission's website]
    48  when ejecting the prohibited person [and] from  the  premises  at  which
    49  gaming  activity is conducted, when seizing any chips, vouchers or other
    50  representative of money otherwise owed [by a  gaming  facility]  to  the
    51  prohibited  person  [as  authorized by this subdivision] or when denying
    52  payment to the prohibited person, inform such prohibited person  of  the
    53  availability  of  such  notice, which may be by reference to a notice on
    54  the commission's website. All forfeited amounts shall be deposited  into
    55  the commercial gaming revenue fund.
        A. 10566                            3

     1    4.  [In any proceeding brought by the commission against a licensee or
     2  registrant for a willful violation of  the  commission's  self-exclusion
     3  regulations, the commission may order, in addition to any other sanction
     4  authorized,  an  additional  fine  of  double the amount of any money or
     5  thing  of value obtained by the licensee or registrant from any self-ex-
     6  cluded person. Any money  or  thing  of  value  so  forfeited  shall  be
     7  disposed  of in the same manner as any money or thing of value forfeited
     8  pursuant to subdivision three of this section.] Provisions in regard  to
     9  forfeiture by self-excluded persons pursuant to section thirteen hundred
    10  forty-four  of  this title are governed by section one hundred eleven of
    11  this chapter.
    12    § 3. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.