senate Bill S7304A

Relates to compulsive gambling assistance

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2012
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 25 / May / 2012
    • AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 25 / May / 2012
    • PRINT NUMBER 7304A
  • 04 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to compulsive gambling assistance.

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Bill Details

Versions:
S7304
S7304A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §19.09, Ment Hyg L; amd §111, RWB L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details

Sponsor Memo

BILL NUMBER:S7304A

TITLE OF BILL:
An act
to amend the mental hygiene law and the racing, pari-mutuel wagering and
breeding law, in relation to compulsive gambling assistance

PURPOSE:
To develop or identify already existing educational materials
which can offer assistance in the prevention and treatment of
compulsive gambling for individuals who may have as issue with
problem gambling or have placed themselves on gambling facility self
exclusion list. In addition, such materials and programs shall be
directly transmitted to individuals that have place themselves on
such self exclusion list.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the Mental Hygiene Law section 19.09 to add new
subdivisions (i) and (j). This section authorizes, under a new
subdivision (i), that the Office of Alcoholism and Substance Abuse
Services (OASAS) may either develop or identify already existing
educational materials on prevention and treatment of those who have
or may have problems with compulsive gambling. In addition, such
educational materials shall be transmitted, most probably,
electronically to those persons who have placed themselves on the
gambling self exclusion list provided for under Racing Law section
111.

This section also, adds a new subdivision (j) to empower OASAS, in
consultation with the State Gaming Commission, to establish a problem
gambling education program, course of study, or a set of behavior
modification suggestions that may be presented and completed by any
individual who has placed themselves on a gambling self exclusion
list. This program would most likely be made available on-line to
reduce the cost of presenting such an education program and course of
study. Such a program would be directly transmitted to all
individuals who have placed themselves on a gambling self exclusion
list. Further, such program would be available on the websites of
OASAS and the State Gaming Commission to be used by the general
public and those who have not placed themselves on a self exclusion
list.

Section 2: Amends Racing Law section 111, which relates to the
gambling self exclusion list to authorize the State Gaming
Commission, in consultation with OASAS, to transmit educational
information and programs related to problem gambling to those who
have placed themselves on the gambling self exclusion list. This
section also, increases the time of self exclusion from 7 to 30 days
after a request has been received by the gambling facility to rescind
such self exclusion.

JUSTIFICATION:
The economic, social, and public health effects
associated with compulsive gambling can have significant adverse
impacts on individuals, their families, and loved ones particularly
for those who have compulsive gambling issues or problems. Further,
the American Gaming Association (AGA), which represents the
commercial casino entertainment industry, acknowledges that this
condition does exist and can have highly detrimental social,
economic, and public health ramifications for those who are
susceptible to compulsive or problem gambling conditions and to the
community at large.

One method used to promote responsible gaming and address the problems
faced by those who are afflicted with compulsive gambling conditions
is the institution of the gaming facility "self-exclusion list."
These self-exclusion lists are used nationwide by many gaming
facilities to encourage responsible gaming. In many states, including
New York, gaming facilities are required by law to 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 gaming facility property. In states with more
comprehensive problem gambling assistance frameworks, the exclusion
provisions focus on helping individuals, connecting them with
treatment providers and programs, and with other support networks, to
address their issues with problem gambling.

In Pennsylvania, as of January 1, 2012, over 3,000 individuals have
made requests to be placed on the state's self-exclusion list and
thirty three percent, or approximately 900 of those people have
sought treatment. Further, the state of Illinois requires that prior
to removal from a self-exclusion list; a treating physician or
qualified mental health professional who is a certified gambling
counselor must provide a written recommendation on the self-excluded
person's capacity to participate in gambling without experiencing
adverse behavioral health risks or consequences.

New York's self exclusion program is not as extensively used as it is
used in many other states. Further, it should be modernized to make
it a more effective program that can accurately identify persons
early on who have compulsive gambling problems, enable such persons
to keep away from gaming facilities, and to enter into a course of
treatment to effectively address or mitigate their problems.

This bill seeks to enhance New York State's self exclusion provisions
by:
First, developing or identifying already existing educational
materials and programs to increase awareness for individuals who
voluntarily self exclude and are potentially dealing with a gambling
addiction, and Second, to get these educational materials, program

information, and information on support groups to this vulnerable
population that has placed him or herself on a self-exclusion list.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect 180 days after the date in
which part A of chapter 60 of the laws of 2012, takes effect.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7304--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the mental  hygiene  law  and  the  racing,  pari-mutuel
  wagering  and breeding law, in relation to compulsive gambling assist-
  ance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  19.09  of  the  mental hygiene law is amended by
adding two new subdivisions (i) and (j) to read as follows:
  (I) THE COMMISSIONER SHALL DEVELOP OR  IDENTIFY  EXISTING  EDUCATIONAL
MATERIALS  WHICH  OFFER  ASSISTANCE  IN  THE PREVENTION AND TREATMENT OF
COMPULSIVE GAMBLING FOR INDIVIDUALS THAT VOLUNTARILY PLACE THEMSELVES ON
A SELF EXCLUSION LIST PURSUANT TO SECTION  ONE  HUNDRED  ELEVEN  OF  THE
RACING,  PARI-MUTUEL WAGERING AND BREEDING LAW. SUCH EDUCATIONAL MATERI-
ALS SHALL IMMEDIATELY BE TRANSMITTED TO SUCH PERSONS PLACED ON SUCH LIST
AND MADE AVAILABLE TO THE GENERAL PUBLIC ON THE WEBSITES OF  THE  OFFICE
AND  THE NEW YORK STATE GAMING COMMISSION. SUCH MATERIALS SHALL INCLUDE,
BUT NEED NOT BE LIMITED TO, RESOURCES OR INFORMATION RELATED TO  COMPUL-
SIVE GAMBLING AND CONTACT INFORMATION ON AVAILABLE TREATMENT PROGRAMS OR
SUPPORT GROUPS.
  (J)  THE  COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE GAMING
COMMISSION, SHALL ESTABLISH A PROBLEM GAMBLING EDUCATION  PROGRAM  WHICH
MAY  BE COMPLETED BY ANY INDIVIDUAL WHO HAS PLACED HIMSELF OR HERSELF ON
A SELF EXCLUSION LIST PURSUANT TO SECTION  ONE  HUNDRED  ELEVEN  OF  THE
RACING,  PARI-MUTUEL  WAGERING  AND  BREEDING LAW. SUCH PROGRAM SHALL BE
TRANSMITTED TO ALL PERSONS PLACED ON SUCH SELF EXCLUSION LIST  AND  MADE
AVAILABLE  TO  THE  GENERAL PUBLIC ON THE WEBSITES OF THE OFFICE AND NEW
YORK STATE GAMING COMMISSION, AND SHALL INCLUDE, BUT NOT BE  LIMITED  TO
RESOURCES  OR  INFORMATION  RELATED  TO  COMPULSIVE GAMBLING AND CONTACT
INFORMATION ON AVAILABLE TREATMENT PROGRAMS OR SUPPORT GROUPS.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15572-06-2

S. 7304--A                          2

part A of chapter 60 of the  laws  of  2012,  are  amended  to  read  as
follows:
  (a)  The  commission, IN COOPERATION WITH THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES, shall promulgate rules and regulations  pursu-
ant  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 AND; RECEIVE THE REQUIRED
EDUCATIONAL MATERIALS ON COMPULSIVE GAMBLING  PURSUANT  TO  SUBDIVISIONS
(I) AND (J) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
  (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] THIRTY days
after a request has been received by such association,  corporation,  or
facility to cancel such order or request.
  S 3. This act shall take effect on the one hundred eightieth day after
part A of chapter 60 of the laws of 2012 takes effect.

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