What's happening
This bill strengthens self-exclusion rules for gambling in New York, including forfeiture of winnings by self-excluded individuals and enhanced penalties for violations.
Why it matters
Makes it harder for self-excluded individuals to reverse their exclusion. The bill allows people to waive their right to cancel exclusion orders and authorizes the Gaming Commission to set minimum exclusion periods and require waivers, making self-exclusion more binding and less easily undone.
Self-excluded individuals forfeit all winnings and cannot recover losses. Anyone who violates their own self-exclusion and gambles anyway will no longer be entitled to collect winnings or recover any money lost during such prohibited gambling, removing any financial incentive to breach self-exclusion.
Strengthens enforcement and redirects forfeited funds. The bill sets clear procedures for forfeiting money or items won by self-excluded people, specifies how these funds are distributed to state accounts (like the lottery fund or commercial gaming revenue fund), and requires gaming operators to inform violators about forfeiture processes.
Increases penalties for gaming operators who violate self-exclusion rules. If a casino or gambling operator is found to have willfully allowed a self-excluded person to gamble, the commission can impose additional fines—doubling the amount gained from the violation—which raises the financial stakes for compliance and may lead to stricter enforcement by operators.
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Who cares
People on gambling self-exclusion lists
The bill would bar them from collecting winnings or recovering losses from prohibited play and allow exclusion periods that cannot be canceled.
New York State Gaming Commission
The bill would authorize the commission to set voluntary exclusion periods and require participants to waive their ability to cancel.
Casino, lottery, charitable gaming and pari-mutuel wagering operators
The bill would establish forfeiture and notice requirements across these activities and authorize additional fines for willful self-exclusion violations equal to twice the amount obtained from self-excluded players.
Headline styles
Forfeit Winnings for Self-Exclusion
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to racing, gaming and wagering
- Returned to senate
- Died in assembly
- Referred to racing and wagering
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1457
- Referred to rules
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 2 of section 111 of the racing, pari-mutuel wagering and breeding law, as added by section 1 of part A of chapter 60 of the laws of 2012, is amended and four new subdivisions 4, 5, 6 and 7 are added to read as follows:
(c) No voluntary order or request to exclude persons from entering the premises of any such association, corporation, or facility may be rescinded, canceled, or declared null and void until a minimum of seven days after a request has been received by such association, corporation, or facility to cancel such order or request. A person may waive or forgo the ability to rescind, cancel or declare null and void such voluntary order or request. The commission may set the length of the period of voluntary exclusion and require any person desiring exclusion to waive or forgo the ability to rescind, cancel or declare null and void such voluntary order or request.
4. No person on a self-exclusion list pursuant to the rules and regulations of the commission shall collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any gaming activity prohibited by such self-exclusion.
5. For the purposes of this section, any gaming activity that results in a self-excluded person obtaining any money or thing of value from, or being owed any money or thing of value by, the party conducting such gaming activity shall be considered, solely for purposes of this 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
6. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, any self-excluded person by a party conducting gaming activity as a result of wagers made or play by a self-excluded person shall be subject to a forfeiture following notice to the self-excluded person and the party conducting the gaming activity and opportunity to be heard. A party conducting gaming activity shall, when ejecting the self-excluded person from the premises at which gaming activity is conducted, when seizing any chips, vouchers or other representative of money otherwise owned to the self-excluded person or when denying payment to the self-excluded person, inform a self-excluded person of the availability of such notice, which may be by reference to a notice on the commission's website. All forfeited amounts from self-excluded persons shall be deposited as follows:
(a) Forfeited amounts in connection with the lottery shall be deposited into the state lottery fund.
(b) Forfeited amounts in connection with charitable gaming shall be deposited into gaming commission accounts for the regulation of charitable gaming.
(c) Forfeited amounts in connection with casino gambling regulated pursuant to article thirteen of this chapter shall be deposited into the commercial gaming revenue fund.
(d) Forfeited amounts in connection with pari-mutuel wagering on horse racing shall be deposited into the racing regulation account.
(e) Forfeited amounts in connection with any other activity shall be deposited into such account as the commission may direct.
7. In any proceeding brought by the commission against a licensee or registrant for a willful violation of the commission's self-exclusion regulations, the commission may order, in addition to any other sanction authorized, an additional fine of double the amount of any money or thing of value obtained by the licensee or registrant from any self-excluded person. Any money or thing of value so forfeited shall be disposed of in the same manner as any money or thing of value forfeited pursuant to subdivision six of this section.
§ 2. Section 1345 of the racing, pari-mutuel wagering and breeding law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
§ 1345. Excluded person; forfeiture of winnings; other sanctions. 1. A person who is prohibited from gaming in a licensed gaming facility by any order of the executive director, commission or court of competent jurisdiction[, including any person on the self-exclusion list pursuant to subdivision one of section one thousand three hundred forty-four of this title,] shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity.
2. For the purposes of this section, any gaming activity in a licensed gaming facility [which] that results in a prohibited person obtaining any money or thing of value from, or being owed any money or thing of value by, the gaming facility shall be considered, solely for purposes of this section, to be a fully executed gambling transaction.
3. In addition to any other penalty provided by law, any money or thing of value [which] that has been obtained by, or is owed to, any prohibited person by a licensed gaming facility as a result of wagers made by a prohibited person shall be subject to forfeiture following notice to the prohibited person and the gaming facility and opportunity to be heard. A licensed gaming facility shall [inform a prohibited
S. 6389 3
person of the availability of such notice on the commission's website] when ejecting the prohibited person [and] from the premises at which gaming activity is conducted, when seizing any chips, vouchers or other representative of money otherwise owed [by a gaming facility] to the prohibited person [as authorized by this subdivision] or when denying payment to the prohibited person, inform such prohibited person of the availability of such notice, which may be by reference to a notice on the commission's website. All forfeited amounts shall be deposited into the commercial gaming revenue fund.
4. [In any proceeding brought by the commission against a licensee or registrant for a willful violation of the commission's self-exclusion regulations, the commission may order, in addition to any other sanction authorized, an additional fine of double the amount of any money or thing of value obtained by the licensee or registrant from any self-excluded person. Any money or thing of value so forfeited shall be disposed of in the same manner as any money or thing of value forfeited pursuant to subdivision three of this section.] Provisions in regard to forfeiture by self-excluded persons pursuant to section thirteen hundred forty-four of this article are governed by section one hundred eleven of this chapter.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the racing, pari-mutuel wagering and breeding law, in relation to improvement of self-exclusion provisions
Purpose of the bill
The bill would enhance the Gaming Commission's self-exclusion program. Current law provides for self-exclusion, but authorizes forfeiture of winnings in violation of self-exclusion only for prohibited commercial casino gambling. This bill would strengthen the disincentives for a self-excluded person to violate the terms of his or her exclusion.
Summary of provisions
Section 1 would amend section 111 of the Racing, Pari-Mutuel Wagering and Breeding Law to provide self-exclusion provisions similar to those in existing section 1345 in regard to commercial casino gambling, including providing for forfeiture of winnings, after notice and an opportunity to be heard, in the event a self-excluded person violates the terms of the exclusion. Forfeiture revenue would be directed to various regulatory accounts. The party offering the gaming activity would also be provided notice and an opportunity to be heard.
Section 2 would amend section 1345 of the Racing, Pari-Mutuel Wagering and Breeding Law to make it applicable to excluded persons other than self-excluded persons, and refer to the generally applicable section 111 for provisions in regard to self-exclusion. The commercial casino would also be provided notice and an opportunity to be heard.
Section 3 would make the bill effective immediately.
Justification
This bill would strengthen the disincentives for a self-excluded person to violate the terms of his or her exclusion.
Prior legislative history
This is a new bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.