Bill Text: NY A00589 | 2019-2020 | 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: (Introduced) 2019-01-09 - referred to alcoholism and drug abuse [A00589 Detail]

Download: New_York-2019-A00589-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           589
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04067-01-9

        A. 589                              2
     1  from such exclusion list pursuant to paragraph (c) of subdivision two of
     2  section one hundred eleven  of  the  racing,  pari-mutuel  wagering  and
     3  breeding  law.  Individuals shall be required to acknowledge on the form
     4  that  they understand the dangers of problem gambling, and that they are
     5  aware of treatment opportunities that may be  made  available  to  them.
     6  Once  the  form has been submitted, the individual shall be removed from
     7  the self-exclusion list pursuant to section one hundred  eleven  of  the
     8  racing,  pari-mutuel  wagering  and breeding law within seven days. This
     9  form shall be made available on the websites of both the office and  the
    10  New York state gaming commission.
    11    §  2. Section 104 of the racing, pari-mutuel wagering and breeding law
    12  is amended by adding a new subdivision 24 to read as follows:
    13    24. To compile  and  maintain  a  master  list  of  all  self-excluded
    14  persons,  utilizing the lists submitted pursuant to subparagraph (ii) of
    15  paragraph (a) of subdivision two of section one hundred eleven  of  this
    16  article.  Such master list shall be updated and redistributed to all the
    17  associations or corporations licensed or enfranchised pursuant  to  this
    18  article on a quarterly basis.
    19    §  3.  Paragraphs  (a)  and (c) of subdivision 2 of section 111 of the
    20  racing, pari-mutuel wagering and breeding law, as added by section 1  of
    21  part  A  of  chapter  60  of  the  laws  of 2012, are amended to read as
    22  follows:
    23    (a) The commission shall promulgate rules and regulations pursuant  to
    24  which  people may voluntarily exclude themselves from entering the prem-
    25  ises of an association or corporation licensed or  enfranchised  by  the
    26  commission  pursuant  to  this chapter.   In promulgating such rules and
    27  regulations the commission shall ensure, to the extent practicable, that
    28  there is consistency in the process  followed  under  each  division  in
    29  which  an  individual may voluntarily exclude themselves. Such rules and
    30  regulations shall provide that:
    31    (i) an association or corporation licensed or enfranchised pursuant to
    32  this chapter post information explaining how an individual may  add  his
    33  or her name to the list of self-excluded persons. Such information shall
    34  be  posted  at  a  reasonable  distance from each entrance, exit and ATM
    35  machine in the facility;
    36    (ii) an association or corporation licensed or  enfranchised  pursuant
    37  to  this  chapter  maintain  an  updated  list  of  all persons who have
    38  requested exclusion pursuant to this section and shall submit such  list
    39  to the commission at the beginning of every month;
    40    (iii)  any  such person wishing to place themselves on the self-exclu-
    41  sion list shall sign and submit the following acknowledgment as part  of
    42  their request to be self-excluded: "I certify that the information which
    43  I have provided above is true and accurate. I am aware that my signature
    44  below  authorizes an agent of the association or corporation licensed or
    45  enfranchised by the commission pursuant to this chapter to authorize  my
    46  exclusion  from the facility. I authorize the agent to send a copy of my
    47  request to the Gaming Commission, which will be circulated  to  all  the
    48  associations  or corporations licensed or enfranchised by the commission
    49  pursuant to this chapter. I am also aware that as part of my request  to
    50  be removed from the self-exclusion list, I must complete the Self-Exclu-
    51  sion Request for Removal form.";
    52    (iv)  an  association or corporation licensed or enfranchised pursuant
    53  to this chapter shall not offer coupons, market its  services,  or  send
    54  advertisements to or otherwise solicit the patronage of, a self-excluded
    55  person; and

        A. 589                              3
     1    (v)  no employee or agent of an association or corporation licensed or
     2  enfranchised pursuant to this chapter shall divulge any name of a  self-
     3  excluded  person,  other  than  to  authorized surveillance, security or
     4  other personnel whose duties and functions require access to such infor-
     5  mation,  the division, the commission or their duly authorized represen-
     6  tatives.
     7    (c) No voluntary order or request to exclude persons from entering the
     8  premises of any  such  association,  corporation,  or  facility  may  be
     9  rescinded,  canceled, or declared null and void until seven days after a
    10  [request] Self-Exclusion Request for Removal form, created by the office
    11  of alcoholism and substance abuse services pursuant to  subdivision  (l)
    12  of  section  19.09  of the mental hygiene law, has been received by such
    13  association, corporation, or facility  either  in  paper  or  electronic
    14  format to cancel such order or request.
    15    § 4. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law.
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