Relates to compulsive gambling assistance

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.