S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5868
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- 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 prohibiting certain limits or bans on players
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
 amended by adding a new section 912 to read as follows:
   §  912.  LIMITING  OR  BANNING PLAYERS. 1. A. NO ENTITY LICENSED UNDER
 THIS CHAPTER TO CONDUCT ANY GAMING ACTIVITY SHALL  LIMIT,  PROHIBIT,  OR
 REQUIRE CERTAIN BETS OR BAN A PLAYER BASED, IN ANY PART, ON THE PLAYER'S
 SUCCESS,  EXCEPT IN CASES WHERE THE PLAYER EXCEEDS THE THRESHOLD WIN AND
 LOSS CAPS PERMITTED UNDER THIS SECTION.
   B. FOR PURPOSES OF THIS SECTION, A PLAYER IS DEEMED LIMITED, PROHIBIT-
 ED, OR REQUIRED TO PLACE CERTAIN BETS OR BANNED BASED, IN ANY  PART,  ON
 THE  PLAYER'S  SUCCESS WHERE THE PLAYER'S SUCCESS IS DEEMED A MOTIVATING
 FACTOR BEHIND THE ACTION, IRRESPECTIVE  OF  ANY  OTHER  ACT  THE  PLAYER
 ENGAGED IN.
   C. FOR PURPOSES OF THIS SECTION, "SUCCESS" SHALL MEAN A PLAYER'S ABIL-
 ITY  TO WIN OR LOSE A GAME OR GAMES OPERATED BY AN ENTITY LICENSED UNDER
 THIS CHAPTER THROUGH LAWFUL MEANS.
   2. AN ENTITY LICENSED UNDER THIS CHAPTER TO CONDUCT ANY GAMING  ACTIV-
 ITY  MAY  IMPLEMENT  AN IDENTIFIABLE WIN CAP UNDER THE FOLLOWING CIRCUM-
 STANCES:
   A. THE LICENSEE IMPLEMENTS AN IDENTIFIABLE LOSS CAP,  EXPRESSED  AS  A
 NEGATIVE VALUE, THAT SHALL NOT EXCEED TWO PERCENT OF THE WIN CAP; AND
   B.  BOTH  THE  WIN AND LOSS CAPS ARE STRICTLY ENFORCED BY THE LICENSEE
 EXCEPT WITH RESPECT TO PLAYERS WHO OPT OUT IN ACCORDANCE  WITH  SUBDIVI-
 SION  THREE  OF THIS SECTION. A WIN OR LOSS CAP IS DEEMED TO BE STRICTLY
 ENFORCED AGAINST A PLAYER WHERE A  PLAYER  WHO  EXCEEDS  EITHER  CAP  IS
 PROHIBITED  FROM FURTHER PLAY THROUGH THE USE OF REASONABLE MEANS BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10056-02-3
              

 A. 5868                             2
 
 ENTITY. IT SHALL NOT BE CONSIDERED A FAILURE TO STRICTLY ENFORCE  EITHER
 CAP  WHERE  THE  RESULT  OF  A  PLAYER'S FINAL BET CAUSES THEM TO EXCEED
 EITHER CAP.
   3. A PLAYER MAY VOLUNTARILY OPT OUT OF BOTH THE WIN AND LOSS CAPS, BUT
 NOT ONE, UPON SIGNED, WRITTEN NOTICE TO THE LICENSEE. SUCH SIGNED NOTICE
 IS  EFFECTIVE WHEN MADE BEFORE PLAY OR AT ANY POINT DURING PLAY, BUT NOT
 AFTER THE PLAYER HAS EXCEEDED MORE THAN FIFTY PERCENT OF THE WIN CAP  OR
 LOSS  CAP. THE NOTICE SHALL NOT BE EFFECTIVE WHERE THE PLAYER IS VISIBLY
 INTOXICATED. THE NOTICE  SHALL  BE  EFFECTIVE  FOR  EITHER  ONE  HUNDRED
 SIXTY-EIGHT  HOURS  OR  UNTIL  RESCINDED IN WRITING. IN EITHER CASE, THE
 LENGTH OF TIME SHALL BE PRINTED IN BOLD, CAPITAL LETTERS AT THE  TOP  OF
 SUCH  NOTICE.  A  LICENSEE  MAY  ONLY  PROVIDE AN INDEFINITE NOTICE UPON
 REQUEST BY A PLAYER. ACCESS OR CONTINUED ACCESS TO THE LICENSEE'S GAMING
 ACTIVITIES OR THE LICENSEE'S PREMISES SHALL NOT BE AFFECTED BY THE PLAY-
 ER'S FAILURE TO SIGN THE NOTICE. NOTICE MAY BE RESCINDED AT ANY POINT IF
 MADE IN A SIGNED WRITING FOLLOWING THE NOTICE BECOMING EFFECTIVE.  WHERE
 A  PLAYER  OPTS OUT OF THE WIN AND LOSS CAP, A LICENSEE MAY LIMIT OR BAN
 SUCH PLAYER BASED, IN ANY PART, ON THEIR SUCCESS.
   4. A PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION SHALL BE ENTITLED
 TO A PRIVATE RIGHT OF ACTION AGAINST THE LICENSEE FOR, IN  THE  CASE  OF
 THE PLAYER:
   A.  EXCEEDING THE LOSS CAP, THE DIFFERENCE BETWEEN THE AMOUNT LOST AND
 THE LOSS CAP;
   B. EXCEEDING THE WIN CAP, THE DIFFERENCE BETWEEN THE  AMOUNT  WON  AND
 THE WIN CAP;
   C.  BECOMING LIMITED, PROHIBITED, OR REQUIRED TO PLACE CERTAIN BETS OR
 BANNED BASED, IN ANY PART,  ON  THE  PLAYER'S  SUCCESS,  THE  DIFFERENCE
 BETWEEN  THE PLAYER'S CURRENT EARNINGS OR LOSSES AND THE WIN CAP OR TEN-
 THOUSAND DOLLARS, WHICHEVER IS LOWER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.