Relates to compulsive gambling assistance.
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, 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 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 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: 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.
STATE OF NEW YORK ________________________________________________________________________ 3394 2013-2014 Regular Sessions IN SENATE 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.