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S00412 Summary:

S00412 Actions:

S00412 Committee Votes:

S00412 Floor Votes:

S00412 Text:

 
                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.
                                                                   LBD00436-05-1
        S. 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.