STATE OF NEW YORK
        ________________________________________________________________________
                                           648
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed 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.
                                                                   LBD05144-01-7

        S. 648                              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-

        S. 648                              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.