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.