Senate Bill S7304A

                                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.