HF 2223

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to compulsive gambling; appropriating money; 
  1.3             amending Minnesota Statutes 1998, sections 245.982; 
  1.4             and 609.115, subdivision 9; Laws 1998, chapter 407, 
  1.5             article 8, section 9. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 245.982, is 
  1.8   amended to read: 
  1.9      245.982 [COMPULSIVE GAMBLING PROGRAM SUPPORT.] 
  1.10     Subdivision 1.  [REQUEST BY THE GOVERNOR.] In order to 
  1.11  address the problem of gambling in this state, the compulsive 
  1.12  gambling fund should attempt to assess the beneficiaries of 
  1.13  gambling, on a percentage basis according to the revenue they 
  1.14  receive from gambling, for the costs of programs to help problem 
  1.15  gamblers and their families.  In that light, the governor is 
  1.16  requested to contact the chairs of the 11 tribal governments in 
  1.17  this state and request a contribution of funds for the 
  1.18  compulsive gambling program.  The governor should seek a total 
  1.19  supplemental voluntary contribution of $643,000 to fund the 
  1.20  state's compulsive gambling treatment initiatives in each budget 
  1.21  cycle in an amount directed by the legislature based on the 
  1.22  projected costs of the compulsive gambling programs and 
  1.23  initiatives.  Funds received from the tribal governments in this 
  1.24  state shall be deposited in the Indian gaming revolving account. 
  1.25     Subd. 2.  [RESULT OF GOVERNOR'S REQUEST.] The governor 
  2.1   shall inform the legislature in writing of the result of the 
  2.2   request for a contribution of funds from the 11 tribal 
  2.3   governments under subdivision 1, and if the governor did not 
  2.4   make such a request, the reason why a request was not made. 
  2.5      Sec. 2.  Minnesota Statutes 1998, section 609.115, 
  2.6   subdivision 9, is amended to read: 
  2.7      Subd. 9.  [COMPULSIVE GAMBLING ASSESSMENT REQUIRED.] (a) If 
  2.8   a person is convicted of theft under section 609.52, 
  2.9   embezzlement of public funds under section 609.54, or forgery 
  2.10  under section 609.625, 609.63, or 609.631, the probation officer 
  2.11  shall determine in the report prepared under subdivision 1 
  2.12  whether or not compulsive gambling contributed to the commission 
  2.13  of the offense.  If so, the report shall contain the results of 
  2.14  a compulsive gambling assessment conducted in accordance with 
  2.15  this subdivision.  The probation officer shall make an 
  2.16  appointment for the offender to undergo the assessment if so 
  2.17  indicated. 
  2.18     (b) The compulsive gambling assessment report must include 
  2.19  a recommended level of treatment for the offender if the 
  2.20  assessor concludes that the offender is in need of compulsive 
  2.21  gambling treatment.  The assessment must be conducted by an 
  2.22  assessor qualified under section 245.98, subdivision 2a, to 
  2.23  perform these assessments or to provide compulsive gambling 
  2.24  treatment.  An assessor providing a compulsive gambling 
  2.25  assessment may not have any direct or shared financial interest 
  2.26  or referral relationship resulting in shared financial gain with 
  2.27  a treatment provider.  If an independent assessor is not 
  2.28  available, the probation officer may use the services of an 
  2.29  assessor with a financial interest or referral relationship as 
  2.30  authorized under rules adopted by the commissioner of human 
  2.31  services under section 245.98, subdivision 2a. 
  2.32     (c) The commissioner of human services shall reimburse the 
  2.33  assessor for the costs associated with a compulsive gambling 
  2.34  assessment at a rate established by the commissioner up to a 
  2.35  maximum of $100 $200 for each assessment.  The commissioner 
  2.36  shall reimburse these costs after receiving written verification 
  3.1   from the probation officer that the assessment was performed and 
  3.2   found acceptable. 
  3.3      Sec. 3.  Laws 1998, chapter 407, article 8, section 9, is 
  3.4   amended to read: 
  3.5      Sec. 9.  [PREVALENCE STUDY.] 
  3.6      If funding is available, The compulsive gambling program 
  3.7   shall provide baseline prevalence studies to identify those at 
  3.8   highest risk of developing a compulsive gambling problem, 
  3.9   including a replication in 1999 of the 1994 adult prevalence 
  3.10  survey.  The compulsive gambling program shall also study the 
  3.11  effects of gambling on children of parental gamblers, the 
  3.12  prevalence of gambling in underserved populations and 
  3.13  developmentally disabled populations, gambling related to crime, 
  3.14  and school-based prevalence.  
  3.15     Sec. 4.  [ASSESSMENT OF CERTAIN OFFENDERS.] 
  3.16     The commissioner of corrections shall adopt, by rule, 
  3.17  criteria to be used in conducting problem gambling assessments 
  3.18  of offenders under Minnesota Statutes, section 609.115, 
  3.19  subdivision 9.  The commissioner shall adopt, by rule, gambling 
  3.20  assessments for other courts and offenses to include 
  3.21  misdemeanor, bankruptcy proceedings, and family court 
  3.22  proceedings.  The provisions, rules, and responsibilities to 
  3.23  carry out Minnesota Statutes, section 609.115, subdivision 9, 
  3.24  shall be removed from the department of human services and 
  3.25  transferred to the commissioner of the department of corrections.
  3.26     Sec. 5.  [GAMBLING PREVENTION FOR UNDERSERVED POPULATIONS.] 
  3.27     The commissioner of human services shall develop programs 
  3.28  for gambling prevention, intervention, and treatment for 
  3.29  underserved populations and high-risk or vulnerable 
  3.30  populations.  The commissioner shall consult with appropriate 
  3.31  councils, representatives, and agency groups to gather 
  3.32  information about the Southeast Asian population, the 
  3.33  developmentally disabled population, and persons of color, and 
  3.34  tailor an appropriate gambling treatment program for those 
  3.35  populations. 
  3.36     Sec. 6.  [APPROPRIATION.] 
  4.1      (a) $3,890,000 for the fiscal biennium beginning July 1, 
  4.2   1999, is necessary to fund the compulsive gambling program and 
  4.3   initiatives listed in paragraphs (c) to (g). 
  4.4      (b) The governor should request that the tribal governments 
  4.5   contribute 60 percent of the total amount in paragraph (a) in 
  4.6   accordance with Minnesota Statutes, section 245.982.  After the 
  4.7   contribution by the tribal governments is subtracted from the 
  4.8   total amount in paragraph (a), the remainder, which will be from 
  4.9   40 percent to 100 percent of the amount listed in paragraph (a), 
  4.10  shall be appropriated each biennium from the lottery prize fund 
  4.11  and deposited into the Indian gaming revolving account under 
  4.12  Laws 1998, chapter 407, article 8, section 8, and transferred to 
  4.13  the commissioner of human services for purposes of paragraphs 
  4.14  (c) to (g). 
  4.15     (c) $2,600,000 for the fiscal biennium to maintain the 
  4.16  existing six compulsive gambling sites.  This appropriation 
  4.17  shall become part of the base appropriation. 
  4.18     (d) $175,000 for the fiscal biennium for the southeast 
  4.19  Minnesota fee-for-service project.  This appropriation shall 
  4.20  become part of the base appropriation. 
  4.21     (e) $175,000 for the fiscal biennium for fee-for-service 
  4.22  projects in underserved areas of the state.  This appropriation 
  4.23  shall become part of the base appropriation. 
  4.24     (f) $450,000 for the fiscal biennium for programs for 
  4.25  underserved, vulnerable, and high-risk populations.  This 
  4.26  appropriation shall become part of the base appropriation. 
  4.27     (g) $490,000 for the fiscal biennium for research and 
  4.28  studies related to compulsive gambling, including the studies in 
  4.29  Laws 1998, chapter 407, article 8, section 9.