Bill Text: NY A05080 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to gambling and the creation of a self-exclusion request for removal form.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-04 - REFERRED TO RULES [A05080 Detail]
Download: New_York-2017-A05080-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5080 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law and the racing, pari-mutuel wagering and breeding law, in relation to gambling and the creation of a self-exclusion request for removal form The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 19.09 of the mental hygiene law is amended by 2 adding two new subdivisions (k) and (l) to read as follows: 3 (k) The commissioner shall identify or develop educational materials 4 regarding compulsive gambling for the purpose of informing individuals 5 about the dangers of problem gambling as well as treatment opportunities 6 that may be available to them. Such educational materials shall be 7 provided to individuals when they voluntarily place themselves on a 8 self-exclusion list of an association or corporation licensed or enfran- 9 chised by the New York state gaming commission pursuant to section one 10 hundred eleven of the racing, pari-mutuel wagering and breeding law. 11 Such materials shall also be made available on the website of the 12 office. To the extent that a gaming facility licensed pursuant to arti- 13 cle thirteen of the racing, pari-mutuel wagering and breeding law has 14 already created materials pursuant to section thirteen hundred sixty-two 15 of the racing, pari-mutuel wagering and breeding law that effectuate the 16 intent of this subdivision, such educational materials may be utilized 17 by the gaming facility instead of ones identified or developed by the 18 commissioner. 19 (l) The commissioner, in consultation with the New York state gaming 20 commission shall create a Self - Exclusion Request for Removal form to 21 be completed by all individuals that have placed themselves on a self- 22 exclusion list pursuant to section one hundred eleven of the racing, 23 pari-mutuel wagering and breeding law, whom subsequently request removal 24 from such exclusion list pursuant to paragraph (c) of subdivision two of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05144-01-7A. 5080 2 1 section one hundred eleven of the racing, pari-mutuel wagering and 2 breeding law. Individuals shall be required to acknowledge on the form 3 that they understand the dangers of problem gambling, and that they are 4 aware of treatment opportunities that may be made available to them. 5 Once the form has been submitted, the individual shall be removed from 6 the self-exclusion list pursuant to section one hundred eleven of the 7 racing, pari-mutuel wagering and breeding law within seven days. This 8 form shall be made available on the websites of both the office and the 9 New York state gaming commission. 10 § 2. Section 104 of the racing, pari-mutuel wagering and breeding law 11 is amended by adding a new subdivision 24 to read as follows: 12 24. To compile and maintain a master list of all self-excluded 13 persons, utilizing the lists submitted pursuant to subparagraph (ii) of 14 paragraph (a) of subdivision two of section one hundred eleven of this 15 article. Such master list shall be updated and redistributed to all the 16 associations or corporations licensed or enfranchised pursuant to this 17 article on a quarterly basis. 18 § 3. Paragraphs (a) and (c) of subdivision 2 of section 111 of the 19 racing, pari-mutuel wagering and breeding law, as added by section 1 of 20 part A of chapter 60 of the laws of 2012, are amended to read as 21 follows: 22 (a) The commission shall promulgate rules and regulations pursuant to 23 which people may voluntarily exclude themselves from entering the prem- 24 ises of an association or corporation licensed or enfranchised by the 25 commission pursuant to this chapter. In promulgating such rules and 26 regulations the commission shall ensure, to the extent practicable, that 27 there is consistency in the process followed under each division in 28 which an individual may voluntarily exclude themselves. Such rules and 29 regulations shall provide that: 30 (i) an association or corporation licensed or enfranchised pursuant to 31 this chapter post information explaining how an individual may add his 32 or her name to the list of self-excluded persons. Such information shall 33 be posted at a reasonable distance from each entrance, exit and ATM 34 machine in the facility; 35 (ii) an association or corporation licensed or enfranchised pursuant 36 to this chapter maintain an updated list of all persons who have 37 requested exclusion pursuant to this section and shall submit such list 38 to the commission at the beginning of every month; 39 (iii) any such person wishing to place themselves on the self-exclu- 40 sion list shall sign and submit the following acknowledgment as part of 41 their request to be self-excluded: "I certify that the information which 42 I have provided above is true and accurate. I am aware that my signature 43 below authorizes an agent of the association or corporation licensed or 44 enfranchised by the commission pursuant to this chapter to authorize my 45 exclusion from the facility. I authorize the agent to send a copy of my 46 request to the Gaming Commission, which will be circulated to all the 47 associations or corporations licensed or enfranchised by the commission 48 pursuant to this chapter. I am also aware that as part of my request to 49 be removed from the self-exclusion list, I must complete the Self-Exclu- 50 sion Request for Removal form."; 51 (iv) an association or corporation licensed or enfranchised pursuant 52 to this chapter shall not offer coupons, market its services, or send 53 advertisements to or otherwise solicit the patronage of, a self-excluded 54 person; and 55 (v) no employee or agent of an association or corporation licensed or 56 enfranchised pursuant to this chapter shall divulge any name of a self-A. 5080 3 1 excluded person, other than to authorized surveillance, security or 2 other personnel whose duties and functions require access to such infor- 3 mation, the division, the commission or their duly authorized represen- 4 tatives. 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 seven days after a 8 [request] Self-Exclusion Request for Removal form, created by the office 9 of alcoholism and substance abuse services pursuant to subdivision (l) 10 of section 19.09 of the mental hygiene law, has been received by such 11 association, corporation, or facility either in paper or electronic 12 format to cancel such order or request. 13 § 4. This act shall take effect on the one hundred twentieth day after 14 it shall have become a law.
