Assembly Bill A589A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  589--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Alcoholism and Drug Abuse -- recommitted to the Committee
   on Alcoholism and Drug Abuse in accordance with Assembly Rule 3,  sec.
   2  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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 (l) and (m) to read as follows:
   (L)  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.
   (M) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK  STATE  GAMING
 COMMISSION  SHALL  CREATE A SELF - EXCLUSION REQUEST FOR REMOVAL FORM TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04067-02-0

 A. 589--A                           2
 
 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 SUBDIVISION TWO OF
 SECTION  ONE  HUNDRED  ELEVEN  OF  THE  RACING, PARI-MUTUEL WAGERING AND
 BREEDING LAW. INDIVIDUALS SHALL BE REQUIRED TO ACKNOWLEDGE ON  THE  FORM
 THAT  THEY UNDERSTAND THE DANGERS OF PROBLEM GAMBLING, AND THAT 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.
   §  2. Section 104 of the racing, pari-mutuel wagering and breeding law
 is amended by adding a new subdivision 24 to read as follows:
   24. 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.
   §  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

 A. 589--A                           3
 
 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-
 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  ADDICTION  SERVICES  AND  SUPPORTS  PURSUANT  TO  SUBDIVISION (M) OF
 SECTION 19.09 OF THE MENTAL HYGIENE LAW, has been received by such asso-
 ciation, corporation, or facility EITHER IN PAPER OR  ELECTRONIC  FORMAT
 to cancel such order or request.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.