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S648Senate2017-2018 SessionSame asA5080

Update Gambling Self-Exclusion Rules

Official title

“Relates to gambling and the creation of a self-exclusion request for removal form”

Sponsor Phil BoyleSD-4Affects Health
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill requires educational materials on problem gambling, standardizes self-exclusion procedures, and creates a formal removal request process for self-exclusion lists in New York gaming facilities.

Why it matters

  1. Supports individuals seeking help by requiring that anyone adding themselves to a gaming facility's self-exclusion list must receive clear educational materials. about problem gambling and available treatment options—potentially increasing awareness and access to help for those at risk.

  2. Standardizes and publicizes the self-exclusion process across all gaming facilities in New York. , including posting information at entrances, exits, and ATMs, and ensuring consistent procedures—making it easier for individuals to self-exclude and for facilities to enforce these protections.

  3. Creates a formal and documented process for removal from self-exclusion lists. , requiring individuals requesting removal to acknowledge understanding of the risks of problem gambling and treatment resources. This aims to ensure that removal is a considered decision and not made impulsively.

  4. Establishes a centralized, regularly updated master list of self-excluded persons,. distributed quarterly to all licensed gaming entities—helping to prevent individuals from circumventing the system and reinforcing a coordinated approach to responsible gambling enforcement.

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Who cares

Headline styles

Update Gambling Self-Exclusion Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Phil Boyle

Senator · Senate District 4

Chair, Commerce, Economic Development And Small Business

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1068
  5. Referred to alcoholism and drug abuse
  6. Committed to rules
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.942
  10. Referred to alcoholism and drug abuse

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5080Assembly

Gambling Self-Exclusion Removal Form

In Senate Committee · Rules · Sponsor Linda Rosenthal

Impact 4 · Low0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

648

2017-2018 Regular Sessions

IN SENATE

January 4, 2017

Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse

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 Assembly, do enact as follows:

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

S. 648 2

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-

S. 648 3

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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

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

Purpose or general idea of bill

The purpose of this bill would require OASAS to identify or develop educational materials to be provided to individuals who place themselves on a self-exclusion list. It also requires that a standardized from is created that would require an individual to acknowledge that they are aware of the dangers of problem gambling, as well as where to receive treatment for problem gambling prior to being removed from the self-exclusion list. The bill would also provide consistency to New York State's self-exclusion program by requiring the New York State Gaming Commission to promulgate rules and regulations defining such program for all of New York's gaming facilities.

Summary of specific provisions

Section 1: Amends 19.09 of the mental hygiene law by requiring the commissioner of the office alcoholism and substance abuse services to identify or develop educational materials for the purpose of educating individuals who place themselves on a self-exclusion list. This section also requires the commissioner in consultation with the New York State Gaming Commission to create a Self-Exclusion Request for Removal form to be completed in the event that a person who has voluntarily placed themselves on a self-exclusion list would like to be removed from such list. The self-excluded person must acknowledge on the form that they understand the dangers of problem gambling and are aware of treatment opportunities.

Read the full memo (720 words)

Section 2: Amends section 104 of the racing, pari-mutuel wagering and breeding law by adding a new subdivision 23 requiring the New York State Gaming Commission to compile and maintain a master list of all individuals who have been placed on a self-exclusion list.

Section 3: Amends 111 of the racing, pari-mutuel wagering and breeding law by requiring the New York State Gaming Commission to promulgate rules and regulations that are consistent, where practicable, for individuals who place themselves on a self-exclusion list.

Justification

One method used to promote responsible gaming and address compulsive gambling is called a self-exclusion list. Self-exclusion lists are used nationwide by many gaming facilities to encourage responsible gaining. In most states, including New York, gaming facilities must offer the ability for an individual to voluntarily place themselves on a self-exclusion list which will prevent them from entering, placing a wager, or collecting winnings from a gambling facility. In addition, if an individual is seen on the premises of a facility, they may be escorted off the casino's property, and if necessary, with the use of local law enforcement.

Almost every state that has a self-exclusion list Clearly defines its program for all of its facilities by including common provisions and/or regulations such as the process for an individual to place oneself on a self-exclusion list; the length of time they are required to remain on the list; what they must do in order to be removed from a self-exclusion list; who is responsible for maintaining and updating the list and who is allowed access to the list of names currently participating in the program; and the responsibilities of the gaming facility in assisting the individual from violating the rules set forth by the state's self-exclusion program.

In New York, the existing provisions and regulations related to the State's self-exclusion program seem to lack conformity. Without consistent standards that direct the process of the program, it is difficult to monitor the self-exclusion program to ensure that it is being utilized effectively. In 2013, the State. Gaming Commission, the Office of Alcoholism and Substance Services, and the New York Council on Problem Gambling formed a Responsible Play Partnership. One of its first goals was to evaluate the State's self-exclusion policies in order to ensure consistency statewide; however this has yet to occur.

This bill would provide consistency to New York State's self-exclusion program by requiring the New York State Gaming Commission to promulgate rules and regulations defining such program for all of New York's gaming facilities.

Prior legislative history

2016: Died in Alcoholism & Drug Abuse

Fiscal implications

Undetermined

Effective date

This act shall take effect on the one hundred twentieth day after is shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.