Michigan Laws 432.225 – Disassociated persons
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Terms Used In Michigan Laws 432.225
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the Michigan gaming control board created under section 4. See Michigan Laws 432.202
- Casino: means a building or buildings in which gaming is conducted. See Michigan Laws 432.202
- Chairperson: means the chairperson of the board. See Michigan Laws 432.202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of treasury. See Michigan Laws 432.202
- Disciplinary action: means an action by the board suspending or revoking a license or fining, excluding, reprimanding, or otherwise penalizing a person for violating this act or rules promulgated by the board. See Michigan Laws 432.202
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Managerial employee: means a person who by virtue of the level of his or her remuneration or otherwise holds a management, supervisory, or policy making position with any licensee under this act, a vendor, or the board. See Michigan Laws 432.202
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Winnings: means the total cash value of all property or sums including currency, tokens, or instruments of monetary value paid to wagerers as a direct result of wagers placed at or through a gambling game. See Michigan Laws 432.202
(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 form applications for placement on the list of disassociated persons. The 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 number.
(f) Date of birth.
(g) A 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 must be placed on the list of disassociated persons after all of the following have occurred:
(a) The individual has submitted a completed application to be placed on the list of disassociated persons to the 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 this state, 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) Except as otherwise provided in this subsection, the name of an individual placed on the list of disassociated persons must remain on the list for the remainder of 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 disassociated 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 the 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) or form under subsection (5) is exempt from disclosure under section 4c and is not open for public inspection. The information must be disclosed to the board, each casino licensee in this state, the department of the attorney general, and the department of state police.
(7) The list of disassociated persons must be provided to each casino licensee, the department of the attorney general, and the department of state police.
(8) A casino licensee shall submit to the board a plan for disseminating the information contained in an application for placement on the list of disassociated persons. The board shall approve the plan. The plan must be designed to safeguard the confidentiality of the information but 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) Except as otherwise provided in this subsection, a casino licensee shall not extend credit, offer check cashing privileges, or offer coupons to, or market its services, or send advertisements to, or otherwise solicit the patronage in the casino of, those persons whose names are on the list of disassociated persons. A casino licensee may market or advertise its services, other than by direct mail, for the casino licensee’s nongaming amenities, such as hotels, restaurants, and event centers.
(10) 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 an individual whose name is on the list of disassociated 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 at the casino.
(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 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 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 this state, the board, or a casino licensee.
(15) The board shall deposit any winnings collected by the board under this section into the compulsive gaming prevention fund created in section 3 of the compulsive gaming prevention act, 1997 PA 70, MCL 432.253.