S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    412
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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
 BE  COMPLETED  BY ALL INDIVIDUALS THAT HAVE PLACED THEMSELVES ON A SELF-
 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
 
 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
 ADVERTISEMENTS TO OR OTHERWISE SOLICIT THE PATRONAGE OF, A SELF-EXCLUDED
 PERSON; AND

 S. 412                              3
 
   (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.