NY State Senate Bill 2019-S8771

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2020	recommit, enacting clause stricken
Jul 15, 2020	referred to rules

2019-S8771 (ACTIVE) - Details

See Assembly Version of this Bill:: A589
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: A7059
2017-2018: A5080
2021-2022: A661

2019-S8771 (ACTIVE) - Summary

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

2019-S8771 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8771

SPONSOR: COMRIE
 
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:

This bill requires The Office of Addiction Services and Supports

(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 indi-
vidual 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 facili-

ties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 19.09 of the mental hygiene law by adding two
new subdivisions (1) and (m) requiring the commissioner of the office of
addiction services and supports to identify or develop educational mate-
rials 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 two 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 individ-
uals who have been placed on a self-exclusion list.

Section three amends paragraphs (a) and (c) of subdivision 2 of section
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 them-
selves on a self-exclusion list.

Section four sets forth the effective date.

 
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-ex-
clusion list which will prevent them from entering, placing a wager, or
collecting winnings from a gambling facility. In addition, if an indi-
vidual 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 individuals violating the rules set forth by the state's self-exclu-
sion program.

In New York, the existing provisions and regulations related to the
State's self-exclusion program seem to lack conformity. Without consist-
ent 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
Addiction Services and Supports, 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.

 
LEGISLATIVE HISTORY:

2019: A589 - Referred to Alcoholism and Drug Abuse

 
FISCAL IMPLICATIONS:

Undetermined.

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

2019-S8771 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8771
 
                             I N  S E N A T E
 
                               July 15, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04067-03-0

 S. 8771                             2

 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-
 EXCLUDED  PERSON,  OTHER  THAN  TO  AUTHORIZED SURVEILLANCE, SECURITY OR
 OTHER PERSONNEL WHOSE DUTIES AND FUNCTIONS REQUIRE ACCESS TO SUCH INFOR-

 S. 8771                             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  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.

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Senate Bill S8771

Sponsored By

Archive: Last Bill Status - Stricken

2019-S8771 (ACTIVE) - Details

2019-S8771 (ACTIVE) - Summary

2019-S8771 (ACTIVE) - Sponsor Memo

2019-S8771 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8771

Share this bill

Sponsored By

Leroy Comrie

Archive: Last Bill Status - Stricken

2019-S8771 (ACTIVE) - Details

2019-S8771 (ACTIVE) - Summary

2019-S8771 (ACTIVE) - Sponsor Memo

2019-S8771 (ACTIVE) - Bill Text download pdf

Comments