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This entry was published on 2014-09-22
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SECTION 1344
List of persons self-excluded from gaming activities
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 5
§ 1344. List of persons self-excluded from gaming activities. 1. The
commission shall provide by regulation for the establishment of a list
of persons self-excluded from gaming activities at all licensed gaming
facilities. Any person may request placement on the list of
self-excluded persons by acknowledging in a manner to be established by
the commission that the person is a problem gambler and by agreeing
that, during any period of voluntary exclusion, the person may not
collect any winnings or recover any losses resulting from any gaming
activity at such gaming facilities.

2. The regulations of the commission shall establish procedures for
placements on, and removals from, the list of self-excluded persons.
Such regulations shall establish procedures for the transmittal to
licensed gaming facilities of identifying information concerning
self-excluded persons, and shall require licensed gaming facilities to
establish procedures designed, at a minimum, to remove self-excluded
persons from targeted mailings or other forms of advertising or
promotions and deny self-excluded persons access to credit,
complimentaries, check cashing privileges, club programs, and other
similar benefits.

3. A licensed gaming facility or employee thereof acting reasonably
and in good faith shall not be liable to any self-excluded person or to
any other party in any judicial proceeding for any harm, monetary or
otherwise, which may arise as a result of:

(a) the failure of a licensed gaming facility to withhold gaming
privileges from, or restore gaming privileges to, a self-excluded
person; or

(b) otherwise permitting a self-excluded person to engage in gaming
activity in such licensed gaming facility while on the list of
self-excluded persons.

4. Notwithstanding any other law to the contrary, the commission's
list of self-excluded persons shall not be open to public inspection.
Nothing herein, however, shall be construed to prohibit a gaming
facility licensee from disclosing the identity of persons self-excluded
pursuant to this section to affiliated gaming entities in this state or
other jurisdictions for the limited purpose of assisting in the proper
administration of responsible gaming programs operated by such gaming
affiliated entities.

5. A licensed gaming facility or employee thereof shall not be liable
to any self-excluded person or to any other party in any judicial
proceeding for any harm, monetary or otherwise, which may arise as a
result of disclosure or publication in any manner, other than a
willfully unlawful disclosure or publication, of the identity of any
self-excluded person.