S T A T E   O F   N E W   Y O R K
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                                  7059

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10613-01-5
              

A. 7059                             2

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
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-

A. 7059                             3

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  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.