Gambling Self-Exclusion Removal Form

Section 1. Section 19.09 of the mental hygiene law is amended by adding two new subdivisions (k) and (l) to read as follows:

(k) 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 enfranchised 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 article 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.

(l) 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 selfexclusion 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05144-01-7

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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 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 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 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-exclusion 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-Exclusion 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-

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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.

(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 alcoholism and substance abuse services pursuant to subdivision (l) of section 19.09 of the mental hygiene law, has been received by such association, 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.