Relates to self-exclusion provisions; provides for moneys forfeited by self-exclusion to be deposited in certain gaming commission accounts.
Summary
This bill amends New York’s racing, pari-mutuel wagering and breeding law to strengthen and clarify self-exclusion rules for gambling and gaming facilities. It requires a minimum seven-day waiting period before a voluntary self-exclusion request can be rescinded, canceled, or voided, while also allowing the Gaming Commission to set longer exclusion periods and require waivers of the right to revoke the exclusion. The bill also authorizes the commission to treat certain gaming activity involving self-excluded persons as fully executed gambling transactions for purposes of forfeiture and enforcement.
The bill further provides that self-excluded persons may not collect winnings or recover losses from prohibited gaming activity, and it establishes a forfeiture process for money or things of value obtained by or owed to such persons. It directs where forfeited funds must be deposited depending on the type of gaming involved, including the state lottery fund, charitable gaming regulatory accounts, the commercial gaming revenue fund, and the racing regulation account. It also adds a penalty provision allowing the Gaming Commission to seek an additional fine equal to double the amount obtained by a licensee or registrant in willful self-exclusion violations, with forfeited amounts distributed under the same rules.
In addition, the bill makes conforming changes to the section governing prohibited persons in licensed gaming facilities, removing outdated cross-references and aligning forfeiture and notice procedures with the revised self-exclusion framework. The act would take effect 180 days after becoming law. Overall, the bill expands the enforcement tools available to the Gaming Commission and gaming operators while clarifying the financial consequences of violating self-exclusion restrictions.
The general sentiment reflected in the bill’s history is strongly supportive and noncontroversial. It passed the Senate Rules Committee unanimously and then passed the full Senate unanimously, indicating broad agreement on the need to improve self-exclusion protections and enforcement. No committee transcript or recorded opposition is provided, and the unanimous votes suggest the bill was viewed as a technical but meaningful consumer-protection and regulatory measure.
The main point of contention, to the extent one exists in the text, is the balance between consumer protection and the finality of self-exclusion commitments. The bill permits a short revocation window but also authorizes the commission to require waivers and longer exclusion periods, which could raise concerns about flexibility for individuals seeking to reverse a self-exclusion decision. Another practical issue is the forfeiture of winnings and funds, which benefits state gaming accounts and regulators but may be seen as strict enforcement against self-excluded patrons.
Impact
The bill amends sections 111 and 1345 of the racing, pari-mutuel wagering and breeding law to expand and clarify the legal consequences of self-exclusion from gambling in New York. It changes the rules for voluntary exclusion revocation, creates explicit forfeiture and notice procedures for self-excluded persons, and directs forfeited funds to specific state accounts tied to lottery, charitable gaming, casino gambling, and pari-mutuel wagering. It also strengthens enforcement by authorizing additional fines against licensees or registrants that willfully violate self-exclusion regulations.
Sentiment
The bill appears to have received broad, bipartisan support and little visible opposition. It passed the Senate Rules Committee 21-0 and the Senate floor 59-0, suggesting consensus that the measure improves gambling regulation and consumer protection. The available record does not include debate transcripts, but the unanimous votes indicate a favorable overall sentiment toward the bill.
Contention
The primary policy tension is between making self-exclusion more enforceable and preserving some ability for individuals to reverse their decision. The bill imposes a minimum seven-day waiting period before rescission and allows the Gaming Commission to require waivers or longer exclusion periods, which could be viewed as limiting flexibility for problem gamblers. A second issue is the forfeiture of winnings and recoverable amounts, which is designed to deter violations and support state gaming accounts but may be seen as harsh by affected patrons or operators concerned about implementation and notice requirements.
Relates to providing information to patients and the public on hospital rule-based exclusions; requires the commissioner of health to collect from each hospital a list of its hospital rule-based exclusions and publish such information on the department's website.
Requires those on self-exclusion lists to watch educational and counseling videos prior to removal from self-exclusion lists; permits third party requests for individuals to be excluded from gambling under certain circumstances.
Requires those on self-exclusion lists to watch educational and counseling videos prior to removal from self-exclusion lists; permits third party requests for individuals to be excluded from gambling under certain circumstances.
Relates to providing information to patients and the public on hospital rule-based exclusions; requires the commissioner of health to collect from each hospital a list of its hospital rule-based exclusions and publish such information on the department's website.