senate Bill S3394A

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

See Assembly Version of this Bill:
A2243A
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, A10025A

Votes

3
1
3
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details
nay (1)
aye wr (1)

Sponsor Memo

BILL NUMBER:S3394A

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 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-exclusion lists are used nation-wide by
many gaming facilities to encourage responsible gaining. In most
states, including New York, gaining facilities must 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 casino's 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
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.

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: 2011-12 A.10025A Referred to Rules S.7795
Referred to Rules

FISCAL IMPLICATIONS: Undetermined

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law.


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

                                 3394--A

                       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
  --  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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06203-03-3

S. 3394--A                          2

part A of chapter 60 of the  laws  of  2012,  are  amended  to  read  as
follows:
  (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 sixtieth day after it shall
have become a law.

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