senate Bill S3394

Amended

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

  • 01 / Feb / 2013
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 25 / Apr / 2013
    • AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 25 / Apr / 2013
    • PRINT NUMBER 3394A
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE

Summary

Relates to compulsive gambling assistance.

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Bill Details

Versions:
S3394
S3394A
Legislative Cycle:
2013-2014
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §19.09, Ment Hyg L; amd §111, RWB L
Versions Introduced in 2011-2012 Legislative Cycle:
S7795

Sponsor Memo

BILL NUMBER:S3394

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

PURPOSE: To provide educational materials to individuals who may have
as issue with problem gambling

SUMMARY OF SPECIFIC PROVISIONS: This legislation will require the
Office of Alcoholism and Substance Abuse Services to develop a problem
gambling education program that all individuals, prior to being removed
from any self exclusion list must complete

JUSTIFICATION: The public health and social costs associated with
compulsive gambling are widely known and have even been acknowledged by
the American Gaming Association (AGA), which represents the commercial
casino entertainment industry; The AGA has stated that it recognizes the
importance of the industry taking action to address issues associated
with problem gambling. One method used to promote responsible gaming and
address compulsive gambling is called a "self exclusion list." Self-ex-
clusion lists are used nation-wide by many gaming facilities to encour-
age responsible gaining. In most states, including New York, gaming
facilities must offer the ability for an individual to voluntarily place
themselves on a self-exclusion list which will prevent them from enter-
ing, 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 casinos property, and if necessary, with
the Use of local law enforcement. In states with more comprehensive
problem gambling assistance frameworks, the exclusion provisions focus
on helping individuals, connecting them with treatment providers and
other supports, 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 treat-
ment. 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 writ-
ten recommendation on the self-excluded person's capacity to participate
in gambling, without experiencing adverse behavioral health risks or
consequences.

This bill seeks to enhance New York State's self exclusion provisions by
developing educational materials and programs to increase awareness for
individuals who voluntarily self exclude and are potentially dealing
with a gambling addiction.

PRIOR LEGISLATIVE HISTORY: 2012: S.7795 Referred to Rules Committee

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the same date and in the
same manner as part A of chapter 60 of the laws of 2012, as amended,
takes effect.

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

                                  3394

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

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  CREATE  EDUCATIONAL  MATERIALS  REGARDING
COMPULSIVE GAMBLING FOR THE PURPOSE OF EDUCATING INDIVIDUALS THAT VOLUN-
TARILY  PLACE  THEMSELVES  ON A SELF EXCLUSION LIST OF AN ASSOCIATION OR
CORPORATION LICENSED OR  ENFRANCHISED  BY  THE  NEW  YORK  STATE  GAMING
COMMISSION  PURSUANT  TO  SECTION  ONE  HUNDRED  ELEVEN  OF  THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW IMMEDIATELY UPON PLACEMENT ON SUCH
LIST. THE EDUCATIONAL MATERIALS SHALL BE MADE AVAILABLE ON  THE  WEBSITE
OF  THE  OFFICE  AND  SHALL  INCLUDE  BUT NOT BE LIMITED TO RESOURCES TO
TREATMENT.
  (J) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK  STATE  GAMING
COMMISSION  SHALL  ESTABLISH  A PROBLEM GAMBLING EDUCATION PROGRAM TO BE
COMPLETED BY ALL INDIVIDUALS THAT  HAVE  PLACED  THEMSELVES  ON  A  SELF
EXCLUSION  LIST  PURSUANT  TO  SECTION ONE HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW, WHOM SUBSEQUENTLY REQUEST REMOVAL
FROM SUCH EXCLUSION LIST. THIS EDUCATION PROGRAM SHALL BE MADE AVAILABLE
ON THE WEBSITES OF BOTH THE OFFICE AND THE NEW YORK STATE GAMING COMMIS-
SION AND SHALL INCLUDE BUT NOT BE LIMITED TO RESOURCES TO TREATMENT.
  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
part A of chapter 60 of the  laws  of  2012,  are  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06203-01-3

S. 3394                             2

  (a)  The commission shall promulgate rules and regulations pursuant to
which people may: voluntarily exclude themselves from entering the prem-
ises of an association or corporation licensed or  enfranchised  by  the
commission  pursuant  to  this chapter; RECEIVE THE REQUIRED EDUCATIONAL
MATERIALS  PURSUANT  TO  SUBDIVISION  (I) OF SECTION 19.09 OF THE MENTAL
HYGIENE LAW; AND, UPON REQUEST TO BE REMOVED  FROM  THE  SELF  EXCLUSION
LIST, COMPLETE THE PROBLEM GAMBLING EDUCATION PROGRAM PURSUANT TO SUBDI-
VISION (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 days after a
request] SUCH INDIVIDUAL WHO IS SELF  EXCLUDED  COMPLETES  IN  PAPER  OR
ELECTRONIC  FORMAT, AN EDUCATIONAL PROGRAM APPROVED BY THE OFFICE PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION (J) OF SECTION 19.09 OF THE  MENTAL
HYGIENE  LAW  AND  PROOF OF COMPLETION has been received by such associ-
ation, corporation, or facility to cancel such order or request.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  part  A of chapter 60 of the laws of 2012, as amended, takes
effect.

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