Establishes the task force on the implementation of responsible gaming procedures to develop policies and procedures that foster responsible gaming practices by gaming facilities in New York state.
- Jun 14, 2012: PRINT NUMBER 7301A
- Jun 14, 2012: AMEND (T) AND RECOMMIT TO FINANCE
- May 2, 2012: REFERRED TO FINANCE
BILL NUMBER:S7301A TITLE OF BILL: An act in relation to establishing the task force on responsible gaming; and providing for the repeal of such provisions upon expiration thereof PURPOSE: To establish a task force to encourage the development of a more comprehensive state public policy to promote responsible gaming and mitigate risks and consequences associated with problem gambling conditions of affected individuals. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Legislative findings. With the proposed New York State Constitutional amendment to expand casino gaming in New York State, the state needs to also focus on establishing a coherent public policy to ensure that individuals gamble responsibly and that measures are instituted to provide services for those who have problem gambling conditions. Section 2: Establishes the Task Force on Responsible Gaming. This Task Force shall: a. identify policies and programs that can help to mitigate the risks and consequences associated with compulsive gambling conditions and to promote responsible gambling practices. b. make recommendations on laws that need to be enacted or rules to be promulgated to promote responsible gambling habits at gaming facilities licensed by the State. c. identify methods to measure the effectiveness of the responsible gaming policies adopted by the State. Section 3: Composition of the Task Force. The Task Force shall have 9 members who have experience in: a) identifying and preventing problem or compulsive gambling, b) treatment programs for problem gamblers, and c) the administration of problem gambling programs with a gaming facility. The Task Force shall be composed of 2 members appointed by the Temporary president of the Senate and of the Speaker of the Assembly, and commissioner, director, or their designee from the following state agencies, Alcoholism and substance Abuse Services, New York State Gaming Commission, Division of Lottery, Division of Gaming, and the Division of Horse Racing and Pari-Mutuel Wagering. The chair shall be designated by the Governor. Section 4: Task Force members shall not receive compensation for their services. Section 5: The Task Force shall issue a report on its findings and recommendations no later than April 1, 2014 to the Governor, Temporary President of the Senate, and Speaker of the Assembly. JUSTIFICATION: This year a bill passed the State Legislature to start the process to amend the NYS Constitution to allow for non-tribal casino gaming in New York. Also the State Budget enacted this year included provisions to merge the Division of Lottery and the Racing and Wagering Board to create the New York State Gaming Commission. The new Gaming Commission will be comprised of an executive director and seven members that must have no less than five years administrative experience in public or business administration and one or more qualifications in the following areas: (1) significant service as a certified public accountant; (2) knowledge of corporate finance and securities; (3) professional experience in gaming regulation administration or management; and (4) experience in fields of criminal investigation, law, or law enforcement. While New York State appears to have the necessary administrative structure in place to ensure casino gaming will be properly regulated, be financially successful, and maintain integrity and fairness with all gaming activity, there remains no internal controls to make certain that gaming policies exist which promote responsible gaming practices. The New York State Commission, as it is currently formed and its divisions may be ill prepared or could lack the knowledge and experience needed to address issues that are related to problem gambling. This could potentially result in severe consequences to individuals who may have problem gambling conditions, their families, and loved ones. According to national gambling impact studies, gambling addictions can increase within a 50-mile radius of a casino. Further, bankruptcy rates can be higher in communities with casinos. Additionally, the increased incidence of problem gambling conditions can result in an increase in a myriad of other problems such as financial distress of families associated with a compulsive gambler and can lead to higher incidences of public health problems such as drug addiction, domestic violence, divorce, child abuse and crime. Establishing this Task Force should help to advance the prospect for developing and implementing a coherent responsible gaming policy for this State and to foster responsible gaming practices by gaming facilities licensed by this State and to mitigate the risks or consequences associated with problem gambling. PRIOR LEGISLATIVE HISTORY: This is a new bill which is similar to A.10054-A (Cymbrowitz) FISCAL IMPLICATIONS: None. EFFECTIVE DATE: Immediate.
S T A T E O F N E W Y O R K ________________________________________________________________________ 7301--A I N SENATE May 2, 2012 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to establishing the task force on responsible gaming; and providing for the repeal of such provisions upon expiration there- of THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. a. The legislature hereby finds that the recently enacted 2012-2013 state budget amended the state constitu- tion to allow for non-tribal casino gaming in the state. It also included provisions to create a New York state gaming commission, as a result of the merger between the division of lottery and the racing and wagering board. The commission is charged with oversight of the division of lottery, the division of charitable gaming, the division of gaming, and the division of horse racing and pari-mutuel wagering. This legisla- tive action consolidated the state's gaming regulatory functions under a single oversight body. b. The legislature further finds that the development of policies and procedures that foster responsible gaming practices by gaming facilities licensed or enfranchised by the New York state gaming commission or its divisions is necessary to mitigate the risks or consequences associated with problem gambling. The legislature concludes that this can be best accomplished by the creation of a task force on responsible gaming. S 2. Task force on responsible gaming. A task force on responsible gaming is hereby established to:
(a) Identify policies and programs that mitigate the risks and conse- quences associated with compulsive gambling and promote responsible gaming practices for all gaming activities authorized in New York state. (b) Recommend policies and procedures to be enacted into law or promulgated in regulations by the New York state gaming commission and its divisions to ensure responsible gaming in all facilities licensed or enfranchised by such commission or divisions. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15685-04-2 S. 7301--A 2 (c) Recommend a structure by which all responsible gaming regulations promulgated by the commission or its divisions shall be enforced, including but not limited to penalties for violations of regulatory standards and corrective action. (d) Identifying methods to measure effectiveness of any responsible gaming procedures implemented. (e) Identify and recommend provisions necessary to ensure responsible gaming practices to be included in enabling legislation authorizing casino style gaming facilities in the state. S 3. Composition. The task force shall consist of 9 members. Task force members appointed or designated shall have experience and exper- tise in one or more of the following areas:
1) the identification and prevention of problem gambling; 2) the treatment of problem gambling; 3) administration of problem gambling programs within a gaming facili- ty. The task force shall consist of 9 members as follows: two members to be appointed by the speaker of the assembly, two members to be appointed by the temporary president of the senate, the commissioner of alcoholism and substance abuse services or his or her designee, the executive director of the New York state gaming commission or his or her designee, the director of the division of lottery or his or her designee, the director of the division of gaming or his or her designee, and the director of the division of horse racing and pari-mutuel wagering or his or her designee. The chair shall be designated by the governor. S 4. Compensation. The members of the task force shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred in the performance of any of their duties. S 5. Report. The task force shall prepare a final report regarding all findings and recommendations to be delivered upon completion of all objectives described herein, but in no event later than April 1, 2014, to the governor, the speaker of the assembly and the temporary president of the senate. At the completion of all duties described herein the task force shall be dissolved. S 6. This act shall take effect immediately and shall expire and be deemed repealed April 1, 2014.