NY State Senate Bill 2017-S648

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1068
Jan 03, 2018	referred to alcoholism and drug abuse
Jun 21, 2017	committed to rules
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.942
Jan 04, 2017	referred to alcoholism and drug abuse

Votes

- May 8, 2018 - Alcoholism And Drug Abuse Committee Vote
  S648
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Alcoholism And Drug Abuse Committee Vote: May 8, 2018
      
      aye (5)
      
      Amedore
      
      Carlucci
      
      Parker
      
      Phillips
      
      Ritchie
      
      aye wr (2)
      
      Bonacic
      
      Kaminsky
  May 16, 2017 - Alcoholism And Drug Abuse Committee Vote
  S648
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Alcoholism And Drug Abuse Committee Vote: May 16, 2017
      
      aye (5)
      
      Amedore
      
      Carlucci
      
      Parker
      
      Phillips
      
      Ritchie
      
      aye wr (2)
      
      Bonacic
      
      Kaminsky

2017-S648 (ACTIVE) - Details

See Assembly Version of this Bill:: A5080
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §§104 & 111, RWB L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6364, A7059
2019-2020: S8811, A589
2021-2022: S412, A661

2017-S648 (ACTIVE) - Summary

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

2017-S648 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S648

 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 :

2016: Died in Alcoholism & Drug Abuse

 FISCAL IMPLICATIONS :

Undetermined

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

2017-S648 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    648
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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 (k) and (l) to read as follows:
   (K)  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.
   (L) 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 SUBDIVISION TWO OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05144-01-7

 S. 648                              2
 
 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
   (V) NO EMPLOYEE OR AGENT OF AN ASSOCIATION OR CORPORATION LICENSED  OR
 ENFRANCHISED  PURSUANT TO THIS CHAPTER SHALL DIVULGE ANY NAME OF A SELF-

 S. 648                              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 (L)
 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.
   § 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 S648

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 8, 2018 - Alcoholism And Drug Abuse Committee Vote

Alcoholism And Drug Abuse Committee Vote: May 8, 2018

May 16, 2017 - Alcoholism And Drug Abuse Committee Vote

Alcoholism And Drug Abuse Committee Vote: May 16, 2017

2017-S648 (ACTIVE) - Details

2017-S648 (ACTIVE) - Summary

2017-S648 (ACTIVE) - Sponsor Memo

2017-S648 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S648

Share this bill

Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S648 (ACTIVE) - Details

2017-S648 (ACTIVE) - Summary

2017-S648 (ACTIVE) - Sponsor Memo

2017-S648 (ACTIVE) - Bill Text download pdf

Comments