S7304-2011 Actions

• Jun 4, 2012: REPORTED AND COMMITTED TO FINANCE
• May 25, 2012: PRINT NUMBER 7304A
• May 25, 2012: AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
• May 2, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE

S7304-2011 Votes

S7304-2011 Memo

BILL NUMBER:S7304

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
gaming. 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 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:


This is a new bill.

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,
takes effect.

S7304-2011 Text

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

                                    7304

                              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 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:

    (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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15572-01-2

 S. 7304                             2

  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 (I) 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, takes effect.