HF 2163

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to gambling; providing a comprehensive 
  1.3             approach to the prevention and treatment of compulsive 
  1.4             gambling funded by those who profit from gambling 
  1.5             operations; appropriating money; amending Minnesota 
  1.6             Statutes 2000, sections 245.982; 609.115, subdivision 
  1.7             9; Laws 1998, chapter 407, article 8, section 9. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 245.982, is 
  1.10  amended to read: 
  1.11     245.982 [COMPULSIVE GAMBLING PROGRAM SUPPORT.] 
  1.12     In order to address the problem of and compulsive gambling 
  1.13  in this, the state, the compulsive gambling fund should attempt 
  1.14  to assess the beneficiaries of gambling, on a percentage basis 
  1.15  according to the revenue they receive from gambling, for the 
  1.16  costs of programs to help problem gamblers and their families.  
  1.17  In that light, the governor is requested to contact the chairs 
  1.18  of the 11 tribal governments in this state and request a 
  1.19  contribution of funds for the compulsive gambling program.  The 
  1.20  governor should seek a total supplemental contribution of 
  1.21  $643,000.  Funds received from the tribal governments in this 
  1.22  state shall be deposited in the Indian gaming revolving account. 
  1.23  of Minnesota should make sure that its prevention and treatment 
  1.24  efforts are sufficient to meet the needs of problem gamblers and 
  1.25  their families.  At a minimum, the state should increase 
  1.26  programs and services for compulsive gambling so that by fiscal 
  2.1   year 2005, the state invests more in prevention and treatment of 
  2.2   compulsive gambling than the state spends in promoting gambling 
  2.3   through state lottery advertising.  Furthermore, the costs of 
  2.4   compulsive gambling programs should be funded out of the lottery 
  2.5   prize fund, and if available, with support from other gambling 
  2.6   enterprises instead of with state general fund appropriations.  
  2.7      Sec. 2.  Minnesota Statutes 2000, section 609.115, 
  2.8   subdivision 9, is amended to read: 
  2.9      Subd. 9.  [COMPULSIVE GAMBLING ASSESSMENT REQUIRED.] (a) If 
  2.10  a person is convicted of theft under section 609.52, 
  2.11  embezzlement of public funds under section 609.54, or forgery 
  2.12  under section 609.625, 609.63, or 609.631, the probation officer 
  2.13  shall determine in the report prepared under subdivision 1 
  2.14  whether or not compulsive gambling contributed to the commission 
  2.15  of the offense.  If so, the report shall contain the results of 
  2.16  a compulsive gambling assessment conducted in accordance with 
  2.17  this subdivision.  The probation officer shall make an 
  2.18  appointment for the offender to undergo the assessment if so 
  2.19  indicated. 
  2.20     (b) The compulsive gambling assessment report must include 
  2.21  a recommended level of treatment for the offender if the 
  2.22  assessor concludes that the offender is in need of compulsive 
  2.23  gambling treatment.  The assessment must be conducted by an 
  2.24  assessor qualified under section 245.98, subdivision 2a, to 
  2.25  perform these assessments or to provide compulsive gambling 
  2.26  treatment.  An assessor providing a compulsive gambling 
  2.27  assessment may not have any direct or shared financial interest 
  2.28  or referral relationship resulting in shared financial gain with 
  2.29  a treatment provider.  If an independent assessor is not 
  2.30  available, the probation officer may use the services of an 
  2.31  assessor with a financial interest or referral relationship as 
  2.32  authorized under rules adopted by the commissioner of human 
  2.33  services under section 245.98, subdivision 2a. 
  2.34     (c) The commissioner of human services shall reimburse the 
  2.35  assessor for the costs associated with a compulsive gambling 
  2.36  assessment at a rate established by the commissioner up to a 
  3.1   maximum of $100 $200 for each assessment.  The commissioner 
  3.2   shall reimburse these costs after receiving written verification 
  3.3   from the probation officer that the assessment was performed and 
  3.4   found acceptable. 
  3.5      Sec. 3.  Laws 1998, chapter 407, article 8, section 9, is 
  3.6   amended to read: 
  3.7      Sec. 9.  [PREVALENCE STUDY.] 
  3.8      If funding is available, The compulsive gambling program 
  3.9   shall provide baseline prevalence studies to identify those at 
  3.10  highest risk of developing a compulsive gambling problem, 
  3.11  including a replication in 1999 of the 1994 adult prevalence 
  3.12  survey the prevalence of pathological and problem gambling and, 
  3.13  to the extent possible, the demographic and socioeconomic 
  3.14  characteristics of these gamblers.  The compulsive gambling 
  3.15  program shall also study the impact of problem gambling on 
  3.16  Minnesota.  The studies may include the effect of gambling on 
  3.17  children of parental gamblers, the prevalence of gambling in 
  3.18  underserved populations and developmentally disabled 
  3.19  populations, the impact of gambling on crime, and the prevalence 
  3.20  of school-based gambling.  The commissioner shall report the 
  3.21  results of the studies to the legislature by January 15, 2003.  
  3.22     Sec. 4.  [ASSESSMENT OF CERTAIN OFFENDERS.] 
  3.23     The commissioner of corrections shall adopt by rule 
  3.24  criteria to be used in conducting problem gambling assessments 
  3.25  of offenders under Minnesota Statutes, section 609.115, 
  3.26  subdivision 9.  The commissioner shall adopt by rule gambling 
  3.27  assessments for other courts and offenses to include 
  3.28  misdemeanor, bankruptcy proceedings, and family court 
  3.29  proceedings.  The provisions and responsibilities to carry out 
  3.30  this subdivision and rules shall be removed from the department 
  3.31  of human services and transferred to the commissioner of the 
  3.32  department of corrections. 
  3.33     Sec. 5.  [GAMBLING PREVENTION FOR UNDERSERVED POPULATIONS.] 
  3.34     The commissioner of human services shall develop programs 
  3.35  for gambling prevention, intervention, and treatment for 
  3.36  underserved populations, including youth and seniors, and 
  4.1   high-risk or vulnerable populations.  The commissioner shall 
  4.2   consult with appropriate councils, representatives, and agency 
  4.3   groups to gather information about specific populations and 
  4.4   tailor appropriate gambling-related services for those 
  4.5   populations. 
  4.6      Sec. 6.  [MODIFICATION OF PROVIDER STANDARDS.] 
  4.7      The commissioner of human services shall modify existing 
  4.8   rules related to compulsive gambling providers to allow certain 
  4.9   trained individuals to be grandfathered into the current 
  4.10  provider schedule.  The trained individuals who may be 
  4.11  grandfathered include persons with 60 hours of gambling-specific 
  4.12  training and persons who meet the criteria of Minnesota Rules, 
  4.13  part 9585.0040, as of July 1, 2001.  
  4.14     Sec. 7.  [ESTABLISHMENT OF NEW FEE.] 
  4.15     The commissioner of human services, in consultation with 
  4.16  compulsive gambling treatment providers, shall meet and 
  4.17  establish a fee structure which increases the rates provided to 
  4.18  compulsive and problem gambling treatment providers for purposes 
  4.19  of gambling treatment.  The different payment levels must be 
  4.20  removed in order to provide one flat rate for providers that is 
  4.21  equivalent to the real costs associated with providing treatment 
  4.22  services.  The new fee must also be a rate that will attract new 
  4.23  and retain existing compulsive gambling treatment providers.  
  4.24  The new rate must be implemented as soon as it is established, 
  4.25  and the commissioner must inform the legislature no later than 
  4.26  October 1, 2001, of the new rate structure when it is 
  4.27  established. 
  4.28     Sec. 8.  [APPROPRIATION.] 
  4.29     Subdivision 1.  [COMPULSIVE GAMBLING PROGRAM AND 
  4.30  INITIATIVES.] The director of the state lottery shall transfer 
  4.31  the amount necessary to fund subdivisions 3 to 7, less any funds 
  4.32  received under subdivision 2, from the state lottery prize fund 
  4.33  created under Minnesota Statutes, section 349A.10, to the 
  4.34  general fund.  The funds must be appropriated from the general 
  4.35  fund to the commissioner of human services for the fiscal 
  4.36  biennium beginning July 1, 2001, for the purposes provided in 
  5.1   subdivisions 3 to 7, unless otherwise specified in the 
  5.2   subdivision.  
  5.3      Subd. 2.  [OTHER CONTRIBUTIONS.] Any contributions from 
  5.4   other gambling enterprises for compulsive gambling treatment or 
  5.5   initiatives must be deposited into the general fund and 
  5.6   appropriated to the commissioner of human services as specified 
  5.7   in subdivision 1. 
  5.8      Subd. 3.  [COMPULSIVE GAMBLING TREATMENT.] (a) $4,000,000 
  5.9   is appropriated for compulsive and problem gambling treatment, 
  5.10  crisis intervention and pretreatment services, transitional and 
  5.11  after-care services, and interventions and support services, 
  5.12  including financial, budget, and debt restitution counseling, 
  5.13  for family members and other victims when the compulsive or 
  5.14  problem gambler is not in treatment.  Treatment funding should 
  5.15  encourage multidiscipline providers and different programming 
  5.16  models, including inpatient, residential, half-way houses, 
  5.17  treatment in chemical dependency programs, and other 
  5.18  institutions.  
  5.19     (1) Of this appropriation, $500,000 must be provided in the 
  5.20  form of grants to be used as start-up funding for new treatment 
  5.21  programs in underserved areas of the state.  
  5.22     (2) Of this appropriation, an amount necessary must be used 
  5.23  to implement section 7 in order to increase the reimbursement 
  5.24  fee. 
  5.25     (b) $400,000 is appropriated for compulsive gambling 
  5.26  treatment services for minority groups or persons with 
  5.27  developmental disabilities.  The funds must be provided on a 
  5.28  grant basis to at least two different providers serving 
  5.29  different minority or underserved populations. 
  5.30     Subd. 4.  [RESEARCH.] (a) $400,000 is appropriated for the 
  5.31  studies in section 3. 
  5.32     (b) $100,000 is appropriated for the collection and 
  5.33  analysis of data pertaining to the results of treatment provided 
  5.34  through the compulsive gambling treatment program. 
  5.35     Subd. 5.  [HELP LINE AND PUBLIC AWARENESS.] $520,000 is 
  5.36  appropriated for the state problem gambling help line and for 
  6.1   initiatives to increase public awareness of problem and 
  6.2   compulsive gambling. 
  6.3      Subd. 6.  [TRAINING.] (a) $300,000 is appropriated to 
  6.4   provide grants to educate and train persons, including religious 
  6.5   clergy and school counselors, to help them identify individuals 
  6.6   who may need compulsive and problem gambling treatment, and to 
  6.7   counsel families on how to access necessary treatment options. 
  6.8      (b) $400,000 is appropriated to train individuals who will 
  6.9   provide treatment and prevention for minority or underserved 
  6.10  populations. 
  6.11     (c) $100,000 is appropriated for grants for outreach, 
  6.12  prevention, and intake services. 
  6.13     (d) $470,000 is appropriated to administer compulsive 
  6.14  gambling programs and services. 
  6.15     (e) $200,000 is appropriated to the commissioner of 
  6.16  corrections for purposes of providing training related to 
  6.17  compulsive and problem gambling treatment.  
  6.18     Subd. 7.  [PROJECT TURNABOUT.] $750,000 is appropriated 
  6.19  from the lottery prize fund to the commissioner of human 
  6.20  services for a grant to reconstruct project turnabout in Granite 
  6.21  Falls which was destroyed by the Granite Falls tornado.  This 
  6.22  appropriation is available until June 30, 2003, and does not 
  6.23  become part of the base.