Bill Text: NY S00412 | 2021-2022 | 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) 2021-01-06 - REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE [S00412 Detail]

Download: New_York-2021-S00412-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           412

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          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 (l) and (m) to read as follows:
     3    (l) 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    (m)  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,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00436-01-1

        S. 412                              2

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

        S. 412                              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 addiction services  and  supports  pursuant  to  subdivision  (m)  of
    12  section 19.09 of the mental hygiene law, has been received by such asso-
    13  ciation,  corporation,  or facility either in paper or electronic format
    14  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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