HOUSE BILL No. 4686

 

 

May 28, 2019, Introduced by Reps. Berman, Paquette, Bellino, Steven Johnson, LaFave, Markkanen, Cherry and Whitsett and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1996 IL 1, entitled

 

"Michigan gaming control and revenue act,"

 

by amending section 25 (MCL 432.225), as added by 1997 PA 69.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 25. (1) The board shall create a list of disassociated

 

persons. The board shall, with the assistance of casino licensees,

 

inform each patron of the list of disassociated persons and explain

 

how the patron may add his or her name to the list.

 

     (2) The board may add an individual's name to the list of

 

disassociated persons if the individual has notified the board in

 

writing of his or her pledge not to visit a casino in this state by

 

filing an application for placement on the list of disassociated

 

persons with the board.

 

     (3) The board shall create and make available an application

 

form applications for placement on the list of disassociated

 

persons. The application shall forms must have spaces to include

 

all of the following information about the individual who is

 

applying:

 

     (a) Full name and all aliases.

 

     (b) Physical description including height, weight, hair and

 

eye color, skin color, and any other noticeable physical

 

characteristics.

 

     (c) Occupation.

 

     (d) Current home and work addresses and phone numbers.

 

     (e) Social security Security number.

 

     (f) Date of birth.

 

     (g) Statement that the individual believes he or she is a

 

problem gambler and is seeking treatment.

 

     (h) A photograph suitable for the board and casino licensees

 

to use to identify the individual.

 

     (i) Other information that the board considers necessary.

 

     (4) An individual's name shall must be placed on the list of

 

disassociated persons after all of the following have occurred:

 

     (a) The individual has submitted an a completed application to

 

be placed on the list of disassociated persons to the Michigan

 

gaming control board.

 

     (b) The application has been verified by a representative of

 

the board.

 

     (c) The individual has signed an affidavit in which he or she

 

affirms that he or she wishes to be placed on the list of

 

disassociated persons and authorizing the board to release the

contents of his or her application to all casino licensees in this

 

state.

 

     (d) The individual signs a form releasing the this state, of

 

Michigan, the board, and the casino licensees from any injury the

 

individual suffers as a consequence of placing his or her name on

 

the list of disassociated persons.

 

     (e) The individual signs a form stating that he or she

 

understands and authorizes all of the following:

 

     (i) That a criminal complaint for trespassing will be filed

 

against him or her if he or she is found on the premises of a

 

casino in this state and he or she will be immediately removed from

 

the casino premises.

 

     (ii) That if he or she enters a casino and wins any money, the

 

board will confiscate the winnings.

 

     (5) An Except as otherwise provided in this subsection, the

 

name of an individual who has his or her name placed on the list of

 

disassociated persons shall must remain on the list for the

 

remainder of his or her the individual's life. Not earlier than 5

 

years after an individual's name has been placed on the list of

 

disassociated persons, the individual may submit a form, provided

 

by the board, to the board to have the individual's name removed

 

from the list of dissociated persons. After receiving the form

 

under this subsection, the board shall notify all of the following

 

that the individual's name has been removed from the list of

 

disassociated persons:

 

     (a) Each casino licensee.

 

     (b) The department of attorney general.

     (c) The department of state police.

 

     (6) After an application under this section has been submitted

 

to the board, the chairperson of the board shall file a notice of

 

placement on the list of disassociated persons with the board at

 

the next closed session. Information contained in an application

 

under subsection (4) is exempt from disclosure under section 4c of

 

this act and is not open for public inspection. The information

 

shall must be disclosed to the board, each casino licensee in this

 

state, the department of attorney general, and the department of

 

state police.

 

     (7) The list of disassociated persons shall must be provided

 

to each casino licensee, the department of attorney general, and

 

the department of state police.

 

     (8) Each A casino licensee in this state shall submit to the

 

board a plan for disseminating the information contained in the

 

applications an application for placement on the list of

 

disassociated persons. The board shall approve the plan. The plan

 

shall must be designed to safeguard the confidentiality of the

 

information but shall include must provide for dissemination of the

 

information to all of the following:

 

     (a) The general casino manager or the managerial employee who

 

has responsibility over the entire casino operations.

 

     (b) All security and surveillance personnel.

 

     (c) The department of state police.

 

     (9) A casino licensee shall not extend credit, offer check

 

cashing privileges, offer coupons, market its services, or send

 

advertisements to, or otherwise solicit the patronage of, those

persons whose names are on the list of disassociated persons.

 

     (10) The A casino licensee shall keep a computer record of

 

each individual whose name is on the list of disassociated persons.

 

If a casino licensee identifies a person on the premises of a an

 

individual whose name is on the list of dissociated persons at the

 

casino, the licensee shall immediately notify the board, a

 

representative of the board, or a representative of the department

 

of state police who is on the premises of at the casino. After the

 

licensee confirms that the individual has filed an affidavit under

 

this section, the licensee shall do all both of the following:

 

     (a) Immediately remove the individual from the casino.

 

premises.

 

     (b) Report the incident to the prosecutor for the county in

 

which the casino is located.

 

     (11) A casino licensee who violates this act is subject to

 

disciplinary action by the board.

 

     (12) The board shall promulgate rules to implement and

 

administer this act.section.

 

     (13) An individual who has placed his or her name on the list

 

of disassociated persons who enters a casino in this state is

 

guilty of criminal trespassing punishable by imprisonment for not

 

more than 1 year, a fine of not more than $1,000.00, or both.

 

     (14) This act section does not create any right or cause of

 

action on behalf of the individual whose name is placed on the list

 

of disassociated persons against the this state, of Michigan, the

 

board, or a casino licensee.

 

     (15) Any The board shall deposit any winnings collected by the

board under this act shall be deposited section into the compulsive

 

gaming prevention fund created in section 3 of the compulsive

 

gaming prevention act, 1997 PA 70, MCL 432.253.