Minnesota Legislature
HF 1472
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to gambling; providing for compulsive gambling education, treatment,
and assessment; providing for a study on the social and economic costs of
gambling; appropriating money; amending Minnesota Statutes 2006, sections
240.15, subdivision 6; 245.98, subdivision 5; 297A.94; 609.115, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 297E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 240.15, subdivision 6, is amended to read:
Subd. 6.
Disposition of proceeds; account.
The commission shall distribute all
money received under this section, and all money received from license fees and fines it
collects, according to this subdivision. All money designated for deposit in the Minnesota
breeders fund must be paid into that fund for distribution under section 240.18 except that
all money generated by full racing card simulcasts must be distributed as provided in
section 240.18, subdivisions 2, paragraph (d), clauses (1), (2), and (3); and 3. Revenue
from an admissions tax imposed under subdivision 1 must be paid to the local unit of
government at whose request it was imposed, at times and in a manner the commission
determines. Taxes received under this section and fines collected under section 240.22
must be paid to the commissioner of finance for deposit in the general fundnew text begin . For fiscal year
2008 and thereafter, one percent of the revenue from taxes received under this section and
fines collected under section 240.22 must be deposited by the commissioner of finance in
a compulsive gambling account in the state treasury. Money and interest earned on money
deposited into this account may not be spent until appropriated by law for fiscal year
2008 and thereafter, and is dedicated for the purposes of compulsive gambling education,
assessment, and treatment under section 245.98new text end . All revenues from licenses and other fees
imposed by the commission must be deposited in the state treasury and credited to a
racing and card playing regulation account in the special revenue fund. Receipts in this
account are available for the operations of the commission up to the amount authorized in
biennial appropriations from the legislature.
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 gambling in programs operated
by the commissioner of corrections.
new text end
Sec. 3.
Minnesota Statutes 2006, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general
fund.
(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.
new text begin
(f) For fiscal year 2008 and thereafter, one percent of the revenue, including interest
and penalties, transmitted to the commissioner under section 297A.65 must be deposited
by the commissioner in a compulsive gambling account in the state treasury. Money and
interest earned on money deposited into this account may not be spent until appropriated
by law for fiscal year 2008 and thereafter, and is dedicated for the purposes of compulsive
gambling education, assessment, and treatment under section 245.98.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end The revenue dedicated under deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (e) new text begin and (f) new text end may not be
used as a substitute for traditional sources of funding for the purposes specified, but the
dedicated revenue shall supplement traditional sources of funding for those purposes. Land
acquired with money deposited in the game and fish fund under paragraph (e) must be open
to public hunting and fishing during the open season, except that in aquatic management
areas or on lands where angling easements have been acquired, fishing may be prohibited
during certain times of the year and hunting may be prohibited. At least 87 percent of the
money deposited in the game and fish fund for improvement, enhancement, or protection
of fish and wildlife resources under paragraph (e) must be allocated for field operations.
Sec. 4.
new text begin
[297E.18] COMPULSIVE GAMBLING ACCOUNT.
new text end
new text begin
For fiscal year 2008 and thereafter, one percent of the revenue, including interest
and penalties, collected by the commissioner under this chapter must be deposited in a
compulsive gambling account in the state treasury. Money and interest earned on money
deposited into this account may not be spent until appropriated by law for fiscal year
2008 and thereafter, and is dedicated for the purposes of compulsive gambling education,
assessment, and treatment under section 245.98.
new text end
Sec. 5.
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. 6. new text begin SOCIAL AND ECONOMIC COSTS OF GAMBLING.
new text end
new text begin Subdivision 1. new text end
new text begin Study. new text end
new text begin
The commissioner of human services shall coordinate
a statewide study on the social and economic costs of gambling in Minnesota. The
commissioner shall consult with individuals and entities with expertise in issues provided
in subdivision 2. The commissioner shall consult with at least one individual or entity
with expertise on gambling in each of the following areas: economics, sociology, mental
health, crime, and statistics. No individual or entity contributing to the study shall have
a financial interest in gambling.
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
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
The commissioner shall coordinate the findings and
recommendations of each individual and entity participating in the study and compile a
comprehensive report. The commissioner shall submit the report to the legislature and the
governor by September 1, 2008.
new text end
Sec. 7. new text begin APPROPRIATION.
new text end
new text begin
$....... in fiscal year 2008 is appropriated from the lottery prize fund to the
commissioner of human services for the purposes of section 6.
new text end