N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1344: List of persons self-excluded from gaming activities

§ 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.