S T A T E   O F   N E W   Y O R K
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                                   746

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Racing and Wagering

AN ACT to amend the mental  hygiene  law  and  the  racing,  pari-mutuel
  wagering  and breeding law, in relation to the self-exclusion of indi-
  viduals from entering the premises of certain associations  or  corpo-
  rations  licensed or enfranchised by the New York state gaming commis-
  sion

  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  CREATE  EDUCATIONAL  MATERIALS  REGARDING
COMPULSIVE GAMBLING FOR THE PURPOSE OF EDUCATING INDIVIDUALS THAT VOLUN-
TARILY  PLACE  THEMSELVES  ON A SELF-EXCLUSION LIST OF AN ASSOCIATION OR
CORPORATION LICENSED OR  ENFRANCHISED  BY  THE  NEW  YORK  STATE  GAMING
COMMISSION  PURSUANT  TO  SECTION  ONE  HUNDRED  ELEVEN  OF  THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW. THE EDUCATIONAL  MATERIALS  SHALL
BE  MADE  AVAILABLE  ON THE WEBSITE OF THE OFFICE AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, RESOURCES FOR TREATMENT.
  (K) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK  STATE  GAMING
COMMISSION,  SHALL  ESTABLISH A PROBLEM GAMBLING EDUCATION PROGRAM TO BE
COMPLETED BY ALL INDIVIDUALS THAT HAVE PLACED THEMSELVES ON  A  SELF-EX-
CLUSION  LIST  PURSUANT  TO  SECTION  ONE  HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW, WHO SUBSEQUENTLY REQUEST  REMOVAL
FROM SUCH EXCLUSION LIST. THIS EDUCATION PROGRAM SHALL BE MADE AVAILABLE
ON THE WEBSITES OF BOTH THE OFFICE AND THE NEW YORK STATE GAMING COMMIS-
SION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, RESOURCES FOR TREATMENT.
  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  EXCLUDED  PERSONS
UTILIZING  THE LISTS SUBMITTED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05259-01-5
              

A. 746                              2

(A) OF SUBDIVISION TWO OF SECTION ONE HUNDRED ELEVEN  OF  THIS  ARTICLE.
SUCH  MASTER  LIST SHALL BE UPDATED AND REDISTRIBUTED TO ALL THE ASSOCI-
ATIONS OR CORPORATIONS LICENSED OR ENFRANCHISED PURSUANT TO THIS CHAPTER
ON A QUARTERLY BASIS.
  S  3.  Paragraph  (a)  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, is 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 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.
  (II)  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 A REASONABLE DISTANCE FROM EACH ENTRANCE, EXIT  AND  ATM
MACHINE IN THE FACILITY.
  (III)  NO  EMPLOYEE OR AGENT OF AN ASSOCIATION OR CORPORATION LICENSED
OR ENFRANCHISED PURSUANT TO THIS CHAPTER SHALL DIVULGE ANY  NAME  OF  AN
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.
  (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, AN EXCLUDED
PERSON.
  (V) ANY SUCH PERSON WISHING TO BE EXCLUDED SHALL SIGN AND  SUBMIT  THE
FOLLOWING  ACKNOWLEDGEMENT 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
AM ALSO AWARE THAT PRIOR TO A REQUEST TO BE REMOVED FROM THE SELF-EXCLU-
SION LIST, I MUST COMPLETE THE PROBLEM  GAMBLING  EDUCATION  PROGRAM.  I
AUTHORIZE THE AGENT TO SEND A COPY OF MY REQUEST TO THE GAMBLING COMMIS-
SION,  WHICH  WILL BE CIRCULATED TO ALL THE ASSOCIATIONS OR CORPORATIONS
LICENSED OR ENFRANCHISED BY  THE  COMMISSION  PURSUANT  TO  THE  RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW."
  (VI)  ONCE  A  PERSON HAS VOLUNTARILY EXCLUDED HIMSELF OR HERSELF FROM
ENTERING THE PREMISES OF ANY SUCH ASSOCIATION, CORPORATION, OR  FACILITY
LICENSED OR ENFRANCHISED PURSUANT TO THIS CHAPTER, HE OR SHE WILL REMAIN
ON  SUCH  LIST UNTIL HE OR SHE HAS COMPLETED THE PROBLEM GAMBLING EDUCA-
TION PROGRAM EITHER IN PAPER OR ELECTRONIC FORMAT PURSUANT  TO  SUBDIVI-
SION  (K)  OF  SECTION  19.09 OF THE MENTAL HYGIENE LAW, AND SUBMITTED A
WRITTEN REQUEST FOR REMOVAL WITH EVIDENCE OF SUCH COMPLETION.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.