Legislation
SECTION 111
Compulsive gambling assistance
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 1
§ 111. Compulsive gambling assistance. 1. (a) The commission shall
cooperate with the commissioner of addiction services and supports to
ensure the posting of signs and listing of information on the internet
designed to assist compulsive gamblers pursuant to the provisions of
subdivision (h) of section 19.09 of the mental hygiene law. Such
postings shall include information explaining how an individual may add
his or her name to the list of self-excluded persons. Signs shall be
posted at a reasonable distance from each entrance, exit and automated
teller machine in the facility.
(b) The commission shall cooperate with the commissioner of addiction
services and supports to ensure that all advertisements for gaming
activity clearly and conspicuously state a problem gambling hotline
number.
(c) The commission shall make available on its website information and
technical support which includes, but is not limited to, guidelines for
any association, corporations licensed or enfranchised pursuant to this
chapter on advertising restrictions.
2. (a) The commission shall promulgate rules and regulations pursuant
to which people may voluntarily exclude themselves from entering the
premises 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 maintain an updated list of all persons who have requested
exclusion pursuant to this section and shall submit such list to the
commission no less than every five days;
(ii) 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
(iii) 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
information, the division, the commission or their duly authorized
representatives.
(b) An association or corporation licensed or enfranchised pursuant to
this chapter shall not be liable to any self-excluded person or to any
other party in any judicial proceeding for any harm, monetary or
otherwise, which may arise as a result of a self-excluded person's
engaging in gaming activity while on the list of self-excluded persons;
provided that nothing contained in this paragraph shall limit the
liability of any such association, corporation, or facility for any
other acts or omissions under any other statutory law or under the
common law.
(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 has been received by such association, corporation, or facility
to cancel such order or request.
3. The commission shall promulgate rules and regulations under which a
person with an account authorized pursuant to section one thousand
twelve of this chapter may voluntarily place limits on the amounts of
his or her wagers or potential wagers on a daily or weekly basis. No
order from a person to remove any limit placed on account wagers shall
be effective until seven days after it has been received by the entity
conducting account wagering.
cooperate with the commissioner of addiction services and supports to
ensure the posting of signs and listing of information on the internet
designed to assist compulsive gamblers pursuant to the provisions of
subdivision (h) of section 19.09 of the mental hygiene law. Such
postings shall include information explaining how an individual may add
his or her name to the list of self-excluded persons. Signs shall be
posted at a reasonable distance from each entrance, exit and automated
teller machine in the facility.
(b) The commission shall cooperate with the commissioner of addiction
services and supports to ensure that all advertisements for gaming
activity clearly and conspicuously state a problem gambling hotline
number.
(c) The commission shall make available on its website information and
technical support which includes, but is not limited to, guidelines for
any association, corporations licensed or enfranchised pursuant to this
chapter on advertising restrictions.
2. (a) The commission shall promulgate rules and regulations pursuant
to which people may voluntarily exclude themselves from entering the
premises 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 maintain an updated list of all persons who have requested
exclusion pursuant to this section and shall submit such list to the
commission no less than every five days;
(ii) 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
(iii) 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
information, the division, the commission or their duly authorized
representatives.
(b) An association or corporation licensed or enfranchised pursuant to
this chapter shall not be liable to any self-excluded person or to any
other party in any judicial proceeding for any harm, monetary or
otherwise, which may arise as a result of a self-excluded person's
engaging in gaming activity while on the list of self-excluded persons;
provided that nothing contained in this paragraph shall limit the
liability of any such association, corporation, or facility for any
other acts or omissions under any other statutory law or under the
common law.
(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 has been received by such association, corporation, or facility
to cancel such order or request.
3. The commission shall promulgate rules and regulations under which a
person with an account authorized pursuant to section one thousand
twelve of this chapter may voluntarily place limits on the amounts of
his or her wagers or potential wagers on a daily or weekly basis. No
order from a person to remove any limit placed on account wagers shall
be effective until seven days after it has been received by the entity
conducting account wagering.