S T A T E O F N E W Y O R K
________________________________________________________________________
7920
2013-2014 Regular Sessions
I N A S S E M B L Y
June 10, 2013
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Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Racing and Wagering
AN ACT to amend the mental hygiene law and the racing, pari-mutuel
wagering and breeding law, in relation to the self-exclusion of indi-
viduals from entering the premises of certain associations or corpo-
rations licensed or enfranchised by the New York state gaming commis-
sion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 19.09 of the mental hygiene law is amended by
adding two new subdivisions (i) and (j) to read as follows:
(I) THE COMMISSIONER SHALL CREATE EDUCATIONAL MATERIALS REGARDING
COMPULSIVE GAMBLING FOR THE PURPOSE OF EDUCATING INDIVIDUALS THAT VOLUN-
TARILY PLACE THEMSELVES ON A SELF-EXCLUSION LIST OF AN ASSOCIATION OR
CORPORATION LICENSED OR ENFRANCHISED BY THE NEW YORK STATE GAMING
COMMISSION PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW. THE EDUCATIONAL MATERIALS SHALL
BE MADE AVAILABLE ON THE WEBSITE OF THE OFFICE AND SHALL INCLUDE, BUT
NOT LIMITED TO, RESOURCES FOR TREATMENT.
(J) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE GAMING
COMMISSION, SHALL ESTABLISH A PROBLEM GAMBLING EDUCATION PROGRAM TO BE
COMPLETED BY ALL INDIVIDUALS THAT HAVE PLACED THEMSELVES ON A SELF-EX-
CLUSION LIST PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW, WHO SUBSEQUENTLY REQUEST REMOVAL
FROM SUCH EXCLUSION LIST. THIS EDUCATION PROGRAM SHALL BE MADE AVAILABLE
ON THE WEBSITES OF BOTH THE OFFICE AND THE NEW YORK STATE GAMING COMMIS-
SION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, RESOURCES FOR TREATMENT.
S 2. Section 104 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 21 to read as follows:
21. TO COMPILE AND MAINTAIN A MASTER LIST OF ALL EXCLUDED PERSONS
UTILIZING THE LISTS SUBMITTED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11388-02-3
A. 7920 2
(A) OF SUBDIVISION TWO OF SECTION ONE HUNDRED ELEVEN OF THIS ARTICLE.
SUCH MASTER LIST SHALL BE UPDATED AND REDISTRIBUTED TO ALL THE ASSOCI-
ATIONS OR CORPORATIONS LICENSED OR ENFRANCHISED PURSUANT TO THIS CHAPTER
ON A QUARTERLY BASIS.
S 3. Paragraph (a) of subdivision 2 of section 111 of the racing,
pari-mutuel wagering and breeding law, as amended by section 1 of part A
of chapter 60 of the laws of 2012, is amended to read as follows:
(a) The commission shall promulgate rules and regulations pursuant to
which people may voluntarily exclude themselves from entering the prem-
ises of an association or corporation licensed or enfranchised by the
commission pursuant to this chapter. IN PROMULGATING SUCH RULES AND
REGULATIONS THE COMMISSION SHALL ENSURE, TO THE EXTENT PRACTICABLE, THAT
THERE IS CONSISTENCY IN THE PROCESS FOLLOWED UNDER EACH DIVISION IN
WHICH AN INDIVIDUAL MAY VOLUNTARILY EXCLUDE THEMSELVES. SUCH RULES AND
REGULATIONS SHALL PROVIDE THAT:
(I) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT TO
THIS CHAPTER MAINTAIN AN UPDATED LIST OF ALL PERSONS WHO HAVE REQUESTED
EXCLUSION PURSUANT TO THIS SECTION AND SHALL SUBMIT SUCH LIST TO THE
COMMISSION AT THE BEGINNING OF EVERY MONTH.
(II) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT
TO THIS CHAPTER POST INFORMATION EXPLAINING HOW AN INDIVIDUAL MAY ADD
HIS OR HER NAME TO THE LIST OF SELF-EXCLUDED PERSONS. SUCH INFORMATION
SHALL BE POSTED A REASONABLE DISTANCE FROM EACH ENTRANCE, EXIT AND ATM
MACHINE IN THE FACILITY.
(III) NO EMPLOYEE OR AGENT OF AN ASSOCIATION OR CORPORATION LICENSED
OR ENFRANCHISED PURSUANT TO THIS CHAPTER SHALL DIVULGE ANY NAME OF AN
EXCLUDED PERSON, OTHER THAN TO AUTHORIZED SURVEILLANCE, SECURITY OR
OTHER PERSONNEL WHOSE DUTIES AND FUNCTIONS REQUIRE ACCESS TO SUCH INFOR-
MATION, THE DIVISION, THE COMMISSION OR THEIR DULY AUTHORIZED REPRESEN-
TATIVES.
(IV) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT
TO THIS CHAPTER SHALL NOT OFFER COUPONS, MARKET ITS SERVICES, OR SEND
ADVERTISEMENTS TO OR OTHERWISE SOLICIT THE PATRONAGE OF, AN EXCLUDED
PERSON.
(V) ANY SUCH PERSON WISHING TO BE EXCLUDED SHALL SIGN AND SUBMIT THE
FOLLOWING ACKNOWLEDGEMENT AS PART OF THEIR REQUEST TO BE SELF-EXCLUDED:
"I CERTIFY THAT THE INFORMATION WHICH I HAVE PROVIDED ABOVE IS TRUE AND
ACCURATE. I AM AWARE THAT MY SIGNATURE BELOW AUTHORIZES AN AGENT OF THE
ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED BY THE COMMISSION
PURSUANT TO THIS CHAPTER TO AUTHORIZE MY EXCLUSION FROM THE FACILITY. I
AM ALSO AWARE THAT PRIOR TO A REQUEST TO BE REMOVED FROM THE SELF-EXCLU-
SION LIST, I MUST COMPLETE THE PROBLEM GAMBLING EDUCATION PROGRAM. I
AUTHORIZE THE AGENT TO SEND A COPY OF MY REQUEST TO THE GAMBLING COMMIS-
SION, WHICH WILL BE CIRCULATED TO ALL THE ASSOCIATIONS OR CORPORATIONS
LICENSED OR ENFRANCHISED BY THE COMMISSION PURSUANT TO THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW."
(VI) ONCE A PERSON HAS VOLUNTARILY EXCLUDED HIMSELF OR HERSELF FROM
ENTERING THE PREMISES OF ANY SUCH ASSOCIATION, CORPORATION, OR FACILITY
LICENSED OR ENFRANCHISED PURSUANT TO THIS CHAPTER, HE OR SHE WILL REMAIN
ON SUCH LIST UNTIL HE OR SHE HAS COMPLETED THE PROBLEM GAMBLING EDUCA-
TION PROGRAM EITHER IN PAPER OR ELECTRONIC FORMAT PURSUANT TO SUBDIVI-
SION (J) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW, AND SUBMITTED A
WRITTEN REQUEST FOR REMOVAL WITH EVIDENCE OF SUCH COMPLETION.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.