Bill Text: NY S00412 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to gambling and the creation of a self-exclusion request for removal form.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-11-03 - SIGNED CHAP.564 [S00412 Detail]
Download: New_York-2021-S00412-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 412--A Cal. No. 438 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and deliv- ered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: 1 Section 1. Section 19.09 of the mental hygiene law is amended by 2 adding a new subdivision (l) to read as follows: 3 (l) The commissioner shall identify or develop educational materials 4 regarding compulsive gambling for the purpose of informing individuals 5 about the dangers of problem gambling as well as treatment opportunities 6 that may be available to them. Such educational materials shall be 7 provided to individuals when they voluntarily place themselves on a 8 self-exclusion list of an association or corporation licensed or enfran- 9 chised by the New York state gaming commission pursuant to section one 10 hundred eleven of the racing, pari-mutuel wagering and breeding law. 11 Such materials shall also be made available on the website of the 12 office. To the extent that a gaming facility licensed pursuant to arti- 13 cle thirteen of the racing, pari-mutuel wagering and breeding law has 14 already created materials pursuant to section thirteen hundred sixty-two 15 of the racing, pari-mutuel wagering and breeding law that effectuate the 16 intent of this subdivision, such educational materials may be utilized 17 by the gaming facility instead of ones identified or developed by the 18 commissioner. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00436-05-1S. 412--A 2 1 § 2. Section 111 of the racing, pari-mutuel wagering and breeding law, 2 as added by section 1 of part A of chapter 60 of the laws of 2012, is 3 amended to read as follows: 4 § 111. Compulsive gambling assistance. 1. The commission shall cooper- 5 ate with the commissioner of [alcoholism and substance abuse] addiction 6 services and supports to ensure the posting of signs and listing of 7 information on the internet designed to assist compulsive gamblers 8 pursuant to the provisions of subdivision (h) of section 19.09 of the 9 mental hygiene law. Such postings shall include information explaining 10 how an individual may add his or her name to the list of self-excluded 11 persons. Signs shall be posted at a reasonable distance from each 12 entrance, exit and automated teller machine in the facility. 13 2. (a) The commission shall promulgate rules and regulations pursuant 14 to which people may voluntarily exclude themselves from entering the 15 premises of an association or corporation licensed or enfranchised by 16 the commission pursuant to this chapter. In promulgating such rules and 17 regulations the commission shall ensure, to the extent practicable, that 18 there is consistency in the process followed under each division in 19 which an individual may voluntarily exclude themselves. Such rules and 20 regulations shall provide that: 21 (i) an association or corporation licensed or enfranchised pursuant 22 to this chapter maintain an updated list of all persons who have 23 requested exclusion pursuant to this section and shall submit such list 24 to the commission no less than every five days; 25 (ii) an association or corporation licensed or enfranchised pursuant 26 to this chapter shall not offer coupons, market its services, or send 27 advertisements to or otherwise solicit the patronage of, a self-excluded 28 person; and 29 (iii) no employee or agent of an association or corporation licensed 30 or enfranchised pursuant to this chapter shall divulge any name of a 31 self-excluded person, other than to authorized surveillance, security or 32 other personnel whose duties and functions require access to such infor- 33 mation, the division, the commission or their duly authorized represen- 34 tatives. 35 (b) An association or corporation licensed or enfranchised pursuant to 36 this chapter shall not be liable to any self-excluded person or to any 37 other party in any judicial proceeding for any harm, monetary or other- 38 wise, which may arise as a result of a self-excluded person's engaging 39 in gaming activity while on the list of self-excluded persons; provided 40 that nothing contained in this paragraph shall limit the liability of 41 any such association, corporation, or facility for any other acts or 42 omissions under any other statutory law or under the common law. 43 (c) No voluntary order or request to exclude persons from entering the 44 premises of any such association, corporation, or facility may be 45 rescinded, canceled, or declared null and void until seven days after a 46 request has been received by such association, corporation, or facility 47 to cancel such order or request. 48 3. The commission shall promulgate rules and regulations under which a 49 person with an account authorized pursuant to section one thousand 50 twelve of this chapter may voluntarily place limits on the amounts of 51 his or her wagers or potential wagers on a daily or weekly basis. No 52 order from a person to remove any limit placed on account wagers shall 53 be effective until seven days after it has been received by the entity 54 conducting account wagering. 55 § 3. This act shall take effect on the one hundred twentieth day after 56 it shall have become a law.
