S 8238: Relates to self-exclusion provisions; provides for moneys forfeited by self-exclusion to be deposited in certain gaming commission accounts.

  
  STATE OF NEW YORK ________________________________________________________________________ 8238 2025-2026 Regular Sessions  IN SENATE May 27, 2025 ___________ 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 Racing, Gaming 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or request to exclude persons from entering the 6 premises of any such association, corporation, or facility may be 7 rescinded, canceled, or declared null and void until a minimum of seven 8 days after a request has been received by such association, corporation, 9 or facility to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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09965-01-5 
 S. 8238 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 owed 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. Subdivisions 1, 3 and 4 of section 1345 of the racing, pari-mutu- 36 el wagering and breeding law, as added by chapter 174 of the laws of 37 2013, are amended to read as follows: 38 1. A person who is prohibited from gaming in a licensed gaming facili- 39 ty by any order of the executive director, commission or court of compe- 40 tent jurisdiction[, including any person on the self-exclusion list 41 pursuant to subdivision one of section one thousand three hundred 42 forty-four of this title,] shall not collect, in any manner or proceed- 43 ing, any winnings or recover any losses arising as a result of any 44 prohibited gaming activity. 45 3. In addition to any other penalty provided by law, any money or 46 thing of value [which] that has been obtained by, or is owed to, any 47 prohibited person by a licensed gaming facility as a result of wagers 48 made by a prohibited person shall be subject to forfeiture following 49 notice to the prohibited person and the gaming facility and opportunity 50 to be heard. A licensed gaming facility shall [inform a prohibited 51 person of the availability of such notice on the commission's website] 52 when ejecting the prohibited person [and] from the premises at which 53 gaming activity is conducted, when seizing any chips, vouchers or other 54 representative of money otherwise owed [by a gaming facility] to the 55 prohibited person [as authorized by this subdivision] or when denying 56 payment to the prohibited person, inform such prohibited person of the 
 S. 8238 3 1 availability of such notice, which may be by reference to a notice on 2 the commission's website. All forfeited amounts shall be deposited into 3 the commercial gaming revenue fund. 4 4. [In any proceeding brought by the commission against a licensee or 5 registrant for a willful violation of the commission's self-exclusion 6 regulations, the commission may order, in addition to any other sanction 7 authorized, an additional fine of double the amount of any money or 8 thing of value obtained by the licensee or registrant from any self-ex- 9 cluded person. Any money or thing of value so forfeited shall be 10 disposed of in the same manner as any money or thing of value forfeited 11 pursuant to subdivision three of this section.] Provisions in regard to 12 forfeiture by self-excluded persons pursuant to section thirteen hundred 13 forty-four of this title are governed by section one hundred eleven of 14 this chapter. 15 § 3. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law.