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Article 112.-RESPONSIBLE GAMING 112 - 112 - 1. Office of responsible gaming. 112 - 112 - 2. Definition. 112 - 112 - 3. Responsible gaming plan. 112 - 112 - 4. Self-exclusion list. 112 - 112 - 5. Requirements for placement on the self-exclusion list. 112 - 112 - 6. Mandatory surrenders to the state. 112 - 112 - 7. Confidentiality of the self-exclusion list. 112 - 112 - 8. Facility manager conduct regarding self-excluded persons. 112 - 112 - 9. Procedure for removal from the self-exclusion list. 112 - 112 - 1. Office of responsible gaming. A staff person shall be appointed by the executive director to direct the office of responsible gaming. This staff person shall administer all of the commission’s programs to assist individuals with issues related to gaming and to help prevent problem gambling in Kansas. The office of responsible gaming shall coordinate resources to maximize the efficiency and effectiveness of the programs of other state agencies and private organizations that allocate resources to assisting individuals with issues related to gaming and preventing problem gambling. (Authorized by K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8804; implementing K.S.A. 2007 Supp. 74-8772, 74-8773 and K.S.A. 74-8825; effective Sept. 26, 2008.) 112 - 112 - 2. Definition. As used within this article, “facility manager” shall mean any lottery gaming facility manager, racetrack gaming facility manager, racetrack facility manager, or fair association. (Authorized by K.S.A. 2007 Supp. 74-8772 and K.S.A. 74- 8804; implementing K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8825; effective Sept. 26, 2008.)
112 - 112 - 3. Responsible gaming plan. (a) Each applicant for a facility manager certificate shall submit a responsible gaming plan to the commission with its initial application or at least 90 days before opening a racetrack gaming facility. The responsible gaming plan shall not be inconsistent with any facility manager’s contractual obligation with the Kansas lottery. A responsible gaming plan shall be approved by the commission before the commission issues or renews a certificate. Each plan shall include the following: (1) The goals of the plan and the procedures and deadlines for implementation of the plan; (2) the identification of the individual at each applicant or facility manager location who will be responsible for the implementation and maintenance of the plan; (3) procedures for maintaining the confidentiality of the information regarding the persons on the self-exclusion list, as specified in K.A.R. 112- 112 - 7; (4) procedures for informing patrons about self-transaction exclusion programs; (5) procedures for compliance with the commission’s self-exclusion program; (6) procedures for creating and disseminating promotional material to educate patrons about problem gambling and to inform patrons about treatment services available. The applicant or facility manager shall provide examples of the material to be used as part of its promotional materials, including signs, brochures, and other media, and a description of how the material will be disseminated; (7) details of the training about responsible gaming for the applicant’s or facility manager’s employees;
(b) Each facility manager shall be notified by the executive director of the placement of any person on the self-exclusion list. Any or all information contained on the person’s application may be disclosed to each facility manager and the facility manager’s agents or employees by the executive director. (Authorized by K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8804; implementing K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8825; effective Sept. 26, 2008.) 112 - 112 - 5. Requirements for placement on the self-exclusion list. (a) Any person may seek placement on the self-exclusion list by performing the following: (1) Requesting an application in person from commission staff at any gaming facility, parimutuel licensee location, or fair association race meet or at the commission’s Topeka office during regular business hours; and (2) completing and executing the application with a commission staff person. (b) If the person is unable to appear in person at a gaming facility, parimutuel licensee location, or fair association race meet or at the Topeka office, the person may contact the commission’s Topeka office during regular business hours so that other arrangements can be made. (c) Each completed application shall be a closed record pursuant to K.S.A. 45- 221(a)(30) and amendments thereto. (d)(1) Each application shall contain a statement that the applicant will refrain from visiting gaming facilities, parimutuel licensee locations, and fair association race meets in Kansas. Each person seeking placement on the self-exclusion list shall also acknowledge on the application that by being placed on the list, that person may be
subject to a charge of trespass pursuant to K.S.A. 21-3721, and amendments thereto, if that person is discovered at a gaming facility, parimutuel licensee location, or fair association race meet by any agent or employee of the commission or by facility manager staff. (2) The applicant shall acknowledge that the applicant’s request to be placed on the self-exclusion list could result in being denied service or access to gaming and entertainment facilities in other jurisdictions. Furthermore, the applicant shall acknowledge that the commission and all facility managers will prohibit the applicant from entering the premises of all gaming facilities, parimutuel licensee locations, and fair association race meets. (e)(1) As a part of the application, each applicant shall agree that facility managers and their employees have the right to communicate information in the application to entities affiliated with the facility manager that have a need to know the information for the purpose of complying with this article. (2) Each facility manager shall be responsible for maintaining the confidentiality of the information provided in the application and shall use the information exclusively to deny persons on the self-exclusion list access to facilities under the control of the facility manager and its affiliates. (f) An applicant’s failure to provide any information or to complete any forms provided by the commission may result in a denial of a request for placement on the self- exclusion list. (g) Self-exclusion list application forms shall include at a minimum a waiver of liability of the commission and its agents, the Kansas lottery and its agents, the state of
112 - 112 - 6. Mandatory surrenders to the state. Each person who has been placed on the self-exclusion list shall surrender to the commission all prizes, jackpots, chips or tokens in play, pay vouchers, coupons, and electronic credits obtained at a facility manager’s location after the person’s placement on the self-exclusion list. The items surrendered to the commission shall be liquidated or redeemed and shall be transferred to the state’s problem gambling and addictions fund. (Authorized by K.S.A. 2007 Supp. 74- 8772 and K.S.A. 74-8804; implementing K.S.A. 2007 Supp. 74-8772 and K.S.A. 74- 8825; effective Sept. 26, 2008.) 112 - 112 - 7. Confidentiality of the self-exclusion list. (a)(1) As part of the responsible gaming plan required by K.A.R. 112- 112 - 3(a), each facility manager or applicant for a facility manager certificate shall submit to the commission a plan for maintaining the confidentiality of the information regarding the persons on the self-exclusion list. The plan shall reasonably safeguard the confidentiality of the information but shall include dissemination of the information to at least the general manager, facility management, and all security and surveillance personnel. Each plan shall be submitted to the commission for approval. (2) All information disclosed to any facility manager regarding anyone placed on the self-exclusion list shall be deemed a closed record pursuant to K.S.A. 45-221(a)(30) and amendments thereto. However, the information may be disclosed as authorized by the individual seeking placement on the list, by law, and through the provisions in this article.
(b) Any facility manager may disclose the information contained in the application to the facility manager’s affiliates, employees, or agents to the extent necessary under this article. (c) All information associated with the self-exclusion list, including the identities of individuals who have placed themselves on the list and any personal information about those individuals, shall be considered a closed record under the Kansas open records act pursuant to K.S.A. 45-221(a)(30) and amendments thereto. (d) For administrative, disciplinary, or penalty proceedings regarding any alleged infraction by an individual on the self-exclusion list, the individual who is on the self- exclusion list shall not be named. An alternate means of identification shall be used to keep that individual’s identity confidential. (Authorized by K.S.A. 2007 Supp. 74- 8772 and K.S.A. 74-8804; implementing K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8825; effective Sept. 26, 2008.) 112 - 112 - 8. Facility manager conduct regarding self-excluded persons. (a) Each facility manager, including its agents and employees, that identifies a person at the facility manager’s location who is suspected of being on the self-exclusion list shall at that time notify or cause to notify the commission agent on duty or the facility manager’s senior security officer on duty. Once it is confirmed that the person is on the self- exclusion list and at the facility manager’s location, the facility manager shall perform the following: (1) Remove the self-excluded person from the gaming facility, parimutuel licensee location, or fair meet; and
(3) The facility manager reveals any information regarding self-exclusion that is considered a closed record under these regulations to any party not permitted under this act or these regulations. (Authorized by K.S.A. 2007 Supp. 74-8772 and K.S.A. 74- 8804; implementing K.S.A. 2007 Supp. 74-8751, 74-8772 and K.S.A. 74-8825; effective Sept. 26, 2008.) 112 - 112 - 9. Procedure for removal from the self-exclusion list. (a) At any time after two years from the original date of application for placement on the self-exclusion list, any person on the self-exclusion list may petition the executive director for removal from the self-exclusion list. The authority to approve or deny each petition shall rest with the executive director. To be eligible for removal from the self-exclusion list, each person shall provide documentation acceptable to the commission that the applicant has met all of the following conditions: (1) The person has undergone a problem gambling assessment with a compulsive gambling counselor certified by the Kansas department of social and rehabilitation services or through any other method approved by the commission. (2) The person has completed a commission-approved education program on healthy lifestyle choices and problem gambling awareness. (3) The person has met any other requirements deemed necessary by the commission. (4) The person has executed an authorization and release to be removed from the self-exclusion list on a form provided by the commission.
(b) Each facility manager shall retain the ability to deny gambling privileges at a gaming facility, parimutuel licensee location, or fair association race meet to the persons who have been removed from the self-exclusion list for any other reason ordinarily available to the facility manager. (c) Any person who has been removed from the self-exclusion list may reapply for placement on the list at any time as provided in this article. (d) Upon approval of a petition for removal from the self-exclusion list, a notice of removal from the self-exclusion list shall be drafted by the executive director. Each notice shall be a closed record pursuant to the Kansas open records act, including K.S.A. 45 - 221(a)(30) and amendments thereto, except that the notice shall be disclosed to all facility managers and their agents and employees. (e) A copy of the notice of removal from the self-exclusion list shall be delivered by the executive director to the petitioner by regular U.S. mail to the home address specified on the petition. The petitioner shall be deemed to be removed from the self- exclusion list when the executive director mails the approved notice to the petitioner. (f) If the executive director finds that a petitioner does not qualify for removal from the self-exclusion list, the petitioner shall be notified by the executive director by regular U.S. mail, using the home address specified on the petition. The petitioner shall remain on the self-exclusion list pursuant to this article. (Authorized by K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8804; implementing K.S.A. 2007 Supp. 74-8772 and K.S.A. 74-8825; effective Sept. 26, 2008.)
