HF 1472

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to gambling; providing for compulsive gambling education, treatment,
and assessment; requiring a report; appropriating money; amending Minnesota
Statutes 2006, sections 245.98, subdivisions 2, 5; 609.115, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 245.98, subdivision 2, is amended to read:

Subd. 2.

Program.

The commissioner of human services shall establish a program
for the treatment of compulsive gamblers. The commissioner may contract with an
entity with expertise regarding the treatment of compulsive gambling to operate the
program. The program may include the establishment of a statewide toll-free number,
resource library, public education programs; regional in-service training programs and
conferences for health care professionals, educators, treatment providers, employee
assistance programs, and criminal justice representatives; and the establishment of
certification standards for programs and service providers. The commissioner may enter
into agreements with other entities and may employ or contract with consultants to
facilitate the provision of these services or the training of individuals to qualify them to
provide these services. The program may also include inpatient and outpatient treatment
and rehabilitation services deleted text begin and deleted text end new text begin for residents in a temporary or permanent residential
setting for mental health or chemical dependency, and individuals in jails or correctional
facilities. The program may also include new text end research studies. The research studies must
include baseline and prevalence studies for adolescents and adults to identify those at the
highest risk. The program must be approved by the commissioner before it is established.

Sec. 2.

Minnesota Statutes 2006, section 245.98, subdivision 5, is amended to read:

Subd. 5.

Standards.

The commissioner shall create standards for treatment and
provider qualifications for the treatment component of the compulsive gambling program. new text begin
The commissioner, in coordination with the commissioner of corrections, shall create
standards for the assessment and treatment of compulsive gamblers in programs operated
by the commissioner of corrections.
new text end

Sec. 3.

Minnesota Statutes 2006, section 609.115, subdivision 9, is amended to read:

Subd. 9.

Compulsive gambling assessment required.

(a) If a person is convicted
of theft under section 609.52, embezzlement of public funds under section 609.54, or
forgery under section 609.625, 609.63, or 609.631, the probation officer shall determine in
the report prepared under subdivision 1 whether or not compulsive gambling contributed
to the commission of the offense. If so, the report shall contain the results of a compulsive
gambling assessment conducted in accordance with this subdivision. The probation officer
shall make an appointment for the offender to undergo the assessment if so indicated.

(b) The compulsive gambling assessment report must include a recommended level
of treatment for the offender if the assessor concludes that the offender is in need of
compulsive gambling treatment. The assessment must be conducted by an assessor
qualified under section 245.98, subdivision 2a, to perform these assessments or to
provide compulsive gambling treatment. An assessor providing a compulsive gambling
assessment may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider. If an independent assessor is
not available, the probation officer may use the services of an assessor with a financial
interest or referral relationship as authorized under rules adopted by the commissioner
of human services under section 245.98, subdivision 2a.

(c) The commissioner of human services shall reimburse the assessor for the
costs associated with a compulsive gambling assessment at a rate established by the
commissioner up to a maximum of $100 for each assessment. new text begin To the extent practicable, the
commissioner shall standardize reimbursement rates for assessments. new text end The commissioner
shall reimburse these costs after receiving written verification from the probation officer
that the assessment was performed and found acceptable.

Sec. 4. new text begin SOCIAL AND ECONOMIC COSTS OF GAMBLING.
new text end

new text begin Subdivision 1. new text end

new text begin Report. new text end

new text begin The commissioner of human services, in consultation with
the state affiliate of the National Council on Problem Gambling, stakeholders, and licensed
vendors, shall prepare a report that provides a process and funding mechanism to study the
issues in subdivisions 2 and 3. The commissioner, in consultation with the state affiliate
of the National Council on Problem Gambling, stakeholders, and licensed vendors, shall
include in the report potential financial commitments made by stakeholders and others in
order to fund the study. The report is due to the legislative committees having jurisdiction
over compulsive gambling issues by December 1, 2007.
new text end

new text begin Subd. 2. new text end

new text begin Issues to be addressed. new text end

new text begin The study must address:
new text end

new text begin (1) state, local, and tribal government policies and practices in Minnesota to legalize
or prohibit gambling;
new text end

new text begin (2) the relationship between gambling and crime in Minnesota, including: (i) the
relationship between gambling and overall crime rates; (ii) the relationship between
gambling and crimes rates for specific crimes, such as forgery, domestic abuse, child
neglect and abuse, alcohol and drug offenses, and youth crime; and (iii) enforcement
and regulation practices that are intended to address the relationship between gambling
and levels of crime;
new text end

new text begin (3) the relationship between expanded gambling and increased rates of problem
gambling in Minnesota, including the impact of pathological or problem gambling on
individuals, families, businesses, social institutions, and the economy;
new text end

new text begin (4) the social impact of gambling on individuals, families, businesses, and social
institutions in Minnesota, including an analysis of the relationship between gambling and
depression, abuse, divorce, homelessness, suicide, and bankruptcy;
new text end

new text begin (5) the economic impact of gambling on state, local, and tribal economies in
Minnesota; and
new text end

new text begin (6) any other issues deemed necessary in assessing the social and economic impact
of gambling in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Quantification of social and economic impact. new text end

new text begin The study shall quantify
the social and economic impact on both (1) state, local, and tribal governments in
Minnesota, and (2) Minnesota's communities and social institutions, including individuals,
families, and businesses within those communities and institutions.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Compulsive gambling. new text end

new text begin $300,000 in fiscal year 2008 is appropriated
from the lottery prize fund to the commissioner of human services for purposes of
compulsive gambling education, assessment, and treatment under Minnesota Statutes,
section 245.98.
new text end

new text begin Subd. 2. new text end

new text begin Study on the effectiveness of compulsive gambling treatment. new text end

new text begin $100,000
in fiscal year 2008 is appropriated to the commissioner of human services to continue the
study currently being done on compulsive gambling treatment effectiveness and long-term
effects of gambling.
new text end