NY State Senate Bill 2015-S6364

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2016	referred to alcoholism and drug abuse

2015-S6364 (ACTIVE) - Details

See Assembly Version of this Bill:: A7059
Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §§104 & 111, RWB L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S648, A5080
2019-2020: S8811, A589
2021-2022: S412, A661

2015-S6364 (ACTIVE) - Summary

Relates to gambling and the creation of a self-exclusion request for removal form.

2015-S6364 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6364

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :  The purpose of this bill would
require OASAS to identify or develop educational materials to be
provided to individuals who place themselves on a self-exclusion list.
It also requires that a standardized from is created that would
require an individual to acknowledge that they are aware of the
dangers of problem gambling, as well as where to receive treatment for
problem gambling prior to being removed from the self-exclusion list.
The bill would also provide consistency to New York State's
self-exclusion program by requiring the New York State Gaming
Commission to promulgate rules and regulations defining such program
for all of New York's gaming facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends 19.09 of the mental hygiene law by requiring the
commissioner of the office alcoholism and substance abuse services to
identify or develop educational materials for the purpose of educating
individuals who place themselves on a self-exclusion list.  This
section also requires the commissioner in consultation with the New
York State Gaming Commission to create a Self-Exclusion Request for

Removal form to be completed in the event that a person who has
voluntarily placed themselves on a self-exclusion list would like to
be removed from such list. The self-excluded person must acknowledge
on the form that they understand the dangers of problem gambling and
are aware of treatment opportunities.

Section 2: Amends section 104 of the racing, pari-mutuel wagering and
breeding law by adding a new subdivision 23 requiring the New York
State Gaming Commission to compile and maintain a master list of all
individuals who have been placed on a self-exclusion list.

Section 3: Amends 111 of the racing, pari-mutuel wagering and breeding
law by requiring the New York State Gaming Commission to promulgate
rules and regulations that are consistent, where practicable, for
individuals who place themselves on a self-exclusion list.

 JUSTIFICATION :  One method used to promote responsible gaming and
address compulsive gambling is called a self-exclusion list.
Self-exclusion lists are used nationwide by many gaming facilities to
encourage responsible gaining. In most states, including New York,
gaming facilities must offer the ability for an individual to
voluntarily place themselves on a self-exclusion list which will
prevent them from entering, placing a wager, or collecting winnings
from a gambling facility. In addition, if an individual is seen on the
premises of a facility, they may be escorted off the casino's
property, and if necessary, with the use of local law enforcement.

Almost every state that has a self-exclusion list clearly defines its
program for all of its facilities by including common provisions
and/or regulations such as the process for an individual to place
oneself on a self-exclusion list; the length of time they are required
to remain on the list; what they must do in order to be removed from a
self-exclusion list; who is responsible for maintaining and updating
the list and who is allowed access to the list of names currently
participating in the program; and the responsibilities of the gaming
facility in assisting the individual from violating the rules set
forth by the state's self-exclusion program.

In New York, the existing provisions and regulations related to the
State's self-exclusion program seem to lack conformity. Without
consistent standards that direct the process of the program, it is
difficult to monitor the self-exclusion program to ensure that it is
being utilized effectively. In 2013, the State Gaming Commission, the
Office of Alcoholism and Substance Services, and the New York Council
on Problem Gambling formed a Responsible Play Partnership. One of its
first goals was to evaluate the State's self-exclusion policies in
order to ensure consistency statewide; however this has yet to occur.

This bill would provide consistency to New York State's self-exclusion
program by requiring the New York State Gaming Commission to
promulgate rules and regulations defining such program for all of New
York's gaming facilities.

 PRIOR LEGISLATIVE HISTORY : This is a new bill.

 FISCAL IMPLICATIONS :  Undetermined

 EFFECTIVE DATE :  This act shall take effect on the one hundred
twentieth day after is shall have become law.

2015-S6364 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6364

                            I N  S E N A T E

                             January 7, 2016
                               ___________

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:

  Section 1. Section 19.09 of the  mental  hygiene  law  is  amended  by
adding two new subdivisions (j) and (k) to read as follows:
  (J)  THE  COMMISSIONER SHALL IDENTIFY OR DEVELOP EDUCATIONAL MATERIALS
REGARDING COMPULSIVE GAMBLING FOR THE PURPOSE OF  INFORMING  INDIVIDUALS
ABOUT THE DANGERS OF PROBLEM GAMBLING AS WELL AS TREATMENT OPPORTUNITIES
THAT  MAY  BE  AVAILABLE  TO  THEM.  SUCH EDUCATIONAL MATERIALS SHALL BE
PROVIDED TO INDIVIDUALS WHEN THEY  VOLUNTARILY  PLACE  THEMSELVES  ON  A
SELF-EXCLUSION LIST OF AN ASSOCIATION OR CORPORATION LICENSED OR ENFRAN-
CHISED  BY  THE NEW YORK STATE GAMING COMMISSION PURSUANT TO SECTION ONE
HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL  WAGERING  AND  BREEDING  LAW.
SUCH  MATERIALS  SHALL  ALSO  BE  MADE  AVAILABLE  ON THE WEBSITE OF THE
OFFICE. TO THE EXTENT THAT A GAMING FACILITY LICENSED PURSUANT TO  ARTI-
CLE  THIRTEEN  OF  THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW HAS
ALREADY CREATED MATERIALS PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY-TWO
OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW THAT EFFECTUATE THE
INTENT OF THIS SUBDIVISION, SUCH EDUCATIONAL MATERIALS MAY  BE  UTILIZED
BY  THE  GAMING  FACILITY INSTEAD OF ONES IDENTIFIED OR DEVELOPED BY THE
COMMISSIONER.
  (K) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK  STATE  GAMING
COMMISSION  SHALL  CREATE A SELF - EXCLUSION REQUEST FOR REMOVAL FORM TO
BE COMPLETED BY  ALL  INDIVIDUALS  THAT  HAVE  PLACED  THEMSELVES  ON  A
SELF-EXCLUSION  LIST  PURSUANT  TO  SECTION  ONE  HUNDRED  ELEVEN OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, WHOM SUBSEQUENTLY REQUEST
REMOVAL FROM SUCH EXCLUSION LIST PURSUANT TO PARAGRAPH (C)  OF  SUBDIVI-
SION TWO OF SECTION ONE HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGER-
ING  AND  BREEDING  LAW. INDIVIDUALS SHALL BE REQUIRED TO ACKNOWLEDGE ON
THE FORM THAT THEY UNDERSTAND THE DANGERS OF PROBLEM GAMBLING, AND  THAT

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

                                                           LBD10613-01-5

S. 6364                             2

THEY  ARE AWARE OF TREATMENT OPPORTUNITIES THAT MAY BE MADE AVAILABLE TO
THEM. ONCE THE FORM HAS BEEN SUBMITTED, THE INDIVIDUAL SHALL BE  REMOVED
FROM  THE  SELF-EXCLUSION LIST PURSUANT TO SECTION ONE HUNDRED ELEVEN OF
THE  RACING,  PARI-MUTUEL  WAGERING  AND BREEDING LAW WITHIN SEVEN DAYS.
THIS FORM SHALL BE MADE AVAILABLE ON THE WEBSITES OF BOTH THE OFFICE AND
THE NEW YORK STATE GAMING COMMISSION.
  S 2. Section 104 of the racing, pari-mutuel wagering and breeding  law
is amended by adding a new subdivision 23 to read as follows:
  23.  TO  COMPILE  AND  MAINTAIN  A  MASTER  LIST  OF ALL SELF-EXCLUDED
PERSONS, UTILIZING THE LISTS SUBMITTED PURSUANT TO SUBPARAGRAPH (II)  OF
PARAGRAPH  (A)  OF SUBDIVISION TWO OF SECTION ONE HUNDRED ELEVEN OF THIS
ARTICLE. SUCH MASTER LIST SHALL BE UPDATED AND REDISTRIBUTED TO ALL  THE
ASSOCIATIONS  OR  CORPORATIONS LICENSED OR ENFRANCHISED PURSUANT TO THIS
ARTICLE ON A QUARTERLY BASIS.
  S 3. Paragraphs (a) and (c) of subdivision 2 of  section  111  of  the
racing,  pari-mutuel wagering and breeding law, as added by section 1 of
part A of chapter 60 of the  laws  of  2012,  are  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  POST INFORMATION EXPLAINING HOW AN INDIVIDUAL MAY ADD HIS
OR HER NAME TO THE LIST OF SELF-EXCLUDED PERSONS. SUCH INFORMATION SHALL
BE POSTED AT A REASONABLE DISTANCE FROM  EACH  ENTRANCE,  EXIT  AND  ATM
MACHINE IN THE FACILITY;
  (II)  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;
  (III) ANY SUCH PERSON WISHING TO PLACE THEMSELVES ON  THE  SELF-EXCLU-
SION  LIST SHALL SIGN AND SUBMIT THE FOLLOWING ACKNOWLEDGMENT 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 AUTHORIZE THE AGENT TO SEND A COPY OF  MY
REQUEST  TO  THE  GAMING COMMISSION, WHICH WILL BE CIRCULATED TO ALL THE
ASSOCIATIONS OR CORPORATIONS LICENSED OR ENFRANCHISED BY THE  COMMISSION
PURSUANT  TO THIS CHAPTER. I AM ALSO AWARE THAT AS PART OF MY REQUEST TO
BE REMOVED FROM THE SELF-EXCLUSION LIST, I MUST COMPLETE THE SELF-EXCLU-
SION REQUEST FOR REMOVAL FORM.";
  (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, A SELF-EXCLUDED
PERSON; AND
  (V) NO EMPLOYEE OR AGENT OF AN ASSOCIATION OR CORPORATION LICENSED  OR
ENFRANCHISED  PURSUANT TO THIS CHAPTER SHALL DIVULGE ANY NAME OF A SELF-
EXCLUDED PERSON, OTHER THAN  TO  AUTHORIZED  SURVEILLANCE,  SECURITY  OR
OTHER PERSONNEL WHOSE DUTIES AND FUNCTIONS REQUIRE ACCESS TO SUCH INFOR-

S. 6364                             3

MATION,  THE DIVISION, THE COMMISSION OR THEIR DULY AUTHORIZED REPRESEN-
TATIVES.
  (c) No voluntary order or request to exclude persons from entering the
premises  of  any  such  association,  corporation,  or  facility may be
rescinded, canceled, or declared null and void until seven days after  a
[request] SELF-EXCLUSION REQUEST FOR REMOVAL FORM, CREATED BY THE OFFICE
OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES PURSUANT TO SUBDIVISION (K)
OF SECTION 19.09 OF THE MENTAL HYGIENE LAW, has been  received  by  such
association,  corporation,  or  facility  EITHER  IN PAPER OR ELECTRONIC
FORMAT to cancel such order or request.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S6364

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Actions

2015-S6364 (ACTIVE) - Details

2015-S6364 (ACTIVE) - Summary

2015-S6364 (ACTIVE) - Sponsor Memo

2015-S6364 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Actions

2015-S6364 (ACTIVE) - Details

2015-S6364 (ACTIVE) - Summary

2015-S6364 (ACTIVE) - Sponsor Memo

2015-S6364 (ACTIVE) - Bill Text download pdf

Comments