as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; moving the problem gambling 1.3 program to the health department; funding the problem 1.4 gambling program with profits from gambling; 1.5 establishing program requirements; appropriating 1.6 money; amending Minnesota Statutes 1996, sections 1.7 240.13, subdivision 2; 349.172, subdivision 5; 1.8 349A.06, subdivision 5; and 609.115, subdivision 9; 1.9 proposing coding for new law in Minnesota Statutes, 1.10 chapter 144; repealing Minnesota Statutes 1996, 1.11 section 245.98. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. [144.994] [PROBLEM GAMBLING PROGRAM.] 1.14 Subdivision 1. [GOAL.] The Minnesota legislature, having 1.15 noted the growth and profitability of gambling, finds that 1.16 gambling has generated funds for many employees, communities, 1.17 and gambling operations. At the same time, many Minnesotans are 1.18 harmed by the increased availability of gambling. The goal of 1.19 this act is to help problem gamblers and their families and to 1.20 prevent other Minnesotans from developing problems with 1.21 gambling. In order to increase awareness of and responsibility 1.22 for the social pathologies caused by gambling, this act attempts 1.23 to assess the beneficiaries of gambling, on a percentage basis 1.24 according to the revenue they receive from gambling, for the 1.25 costs of programs to help problem gamblers and their families. 1.26 Subd. 2. [PROBLEM GAMBLER.] For the purposes of this 1.27 section, "problem gambler" means a person who is experiencing 1.28 increasing negative consequences from gambling. 2.1 Subd. 3. [COMPULSIVE GAMBLER.] For purposes of this 2.2 section, "compulsive gambler" means a person who is chronically 2.3 and progressively preoccupied with gambling and with the urge to 2.4 gamble to the extent that the gambling behavior compromises, 2.5 disrupts, or damages personal, family, or vocational pursuits. 2.6 Subd. 3. [PROGRAM.] The commissioner of health shall 2.7 implement a prevention strategy to help provide the information 2.8 and skills needed for people of all backgrounds to make informed 2.9 choices about whether, when, and how much to gamble. 2.10 Educational efforts must include teaching of numerical and 2.11 statistical realities of gambling. 2.12 The program shall include maintaining a statewide toll-free 2.13 number, providing access to resource materials, public education 2.14 programs, and regional in-service training programs for health 2.15 care professionals, educators, therapy/treatment providers, 2.16 employee assistance programs, and criminal justice 2.17 representatives; and the establishment of program and provider 2.18 standards. 2.19 The commissioner shall ensure that a continuum of gambling 2.20 treatment services is available throughout the state, integrated 2.21 with existing gambling treatment resources and programs, 2.22 providing a continuum of responses, including services for 2.23 secondary victims and after care for gamblers completing 2.24 treatment. The commissioner shall maintain existing regional 2.25 gambling outpatient treatment and rehabilitation programs, as 2.26 well as continue the regional fee for service program in 2.27 southeast Minnesota. As more qualified providers become 2.28 available, the commissioner shall consider whether program 2.29 expansion should be done through fee-for-service or direct 2.30 grants. The program shall include early intervention services, 2.31 informational strategies, and intensive outpatient and 2.32 short-term limited access inpatient treatment. 2.33 The program shall provide baseline prevalence studies to 2.34 identify those at highest risk, including a replication in 1998 2.35 of the 1994 adult prevalence survey, and shall maintain and 2.36 expand existing treatment evaluation and outcome studies. 3.1 The commissioner shall provide information to and integrate 3.2 programming as appropriate with other state departments to 3.3 provide comprehensive education, prevention, training, and 3.4 rehabilitation services. The Minnesota health care access 3.5 commission shall consider whether gambling treatment should be 3.6 included in standard benefit sets, and make a recommendation on 3.7 this issue to the department of health and the legislature. 3.8 Subd. 4. [ASSESSMENT OF CERTAIN OFFENDERS.] The 3.9 commissioner of corrections shall adopt by rule, criteria to be 3.10 used in conducting problem gambling assessments of offenders 3.11 under section 609.115, subdivision 9. The commissioner shall 3.12 adopt by rule gambling assessments for other courts and offenses 3.13 to include misdemeanor, bankruptcy proceedings, and family court 3.14 proceedings. The provisions and responsibilities to carry out 3.15 this subdivision and rules shall be removed from the department 3.16 of human services and transferred to the commissioner of the 3.17 department of corrections. 3.18 Subd. 5. [PROVIDER STANDARDS.] The commissioner of health 3.19 shall establish standards to qualify a person to: (1) assess 3.20 people for problem and compulsive gambling behavior and referral 3.21 to treatment; and (2) provide treatment indicated in a 3.22 compulsive gambling assessment. At a minimum, these standards 3.23 shall require a person to be a mental health professional, 3.24 chemical dependency counselor, or certified as a gambling 3.25 counselor by a national gambling counselor certification board 3.26 or its equivalent. 3.27 Subd. 6. [TRANSITION.] The commissioner of human services 3.28 shall cooperate with the commissioner of health in transferring 3.29 the problem gambling program to the department of health and in 3.30 assisting the department of health in operating the program. 3.31 The commissioner of health shall use existing health department 3.32 employees to manage the problem gambling program. 3.33 Subd. 7. [PROGRAM SUPPORT.] The governor shall contact the 3.34 chairs of the 11 tribal governments in this state and request a 3.35 contribution of funds for the problem gambling program. In 3.36 order to carry out the purposes of subdivision 1, the governor 4.1 shall request a total biennial contribution of $4,893,000. 4.2 Funds received from the tribal governments in this state shall 4.3 be deposited in the general fund to offset the appropriations 4.4 contained in section 2. 4.5 Subd. 8. [REVOLVING LOAN PROGRAM.] The commissioner shall 4.6 establish a revolving loan program to provide assistance to 4.7 gamblers seeking treatment who need transportation, day care, or 4.8 other assistance in order to have access to treatment. 4.9 Subd. 9. [PUBLIC AWARENESS.] The commissioner shall 4.10 establish a public service campaign using program funds and 4.11 leveraging media contributions to create public awareness of the 4.12 problems associated with gambling. This public service campaign 4.13 shall operate in conjunction with other prevention efforts of 4.14 the problem gambling program. 4.15 Sec. 2. Minnesota Statutes 1996, section 240.13, 4.16 subdivision 2, is amended to read: 4.17 Subd. 2. [REQUIREMENTS.] (a) A licensee conducting 4.18 pari-mutuel betting must provide at the licensed track: 4.19 (1) the necessary equipment for issuing pari-mutuel 4.20 tickets; and 4.21 (2) mechanical or electronic equipment for displaying 4.22 information the commission requires. All mechanical or 4.23 electronic devises must be approved by the commission before 4.24 being used. 4.25 (b) A licensee conducting pari-mutuel betting must post 4.26 prominently at each point of sale of pari-mutuel tickets, in a 4.27 manner approved by the commissioner of human services, the 4.28 toll-free telephone number established by the commissioner of 4.29 human services in connection with the compulsive gambling 4.30 program established under section
245.98144.994. 4.31 Sec. 3. Minnesota Statutes 1996, section 349.172, 4.32 subdivision 5, is amended to read: 4.33 Subd. 5. [COMPULSIVE GAMBLING HOTLINE NUMBER.] An 4.34 organization conducting lawful gambling must post at each point 4.35 of sale a sign containing the toll-free telephone number 4.36 established by the commissioner of human services in connection 5.1 with the compulsive gambling program established under section 5.2 245.98144.994. The sign must be kept in easily legible form 5.3 and repair by the owner, lessee, or person having control 5.4 thereof, and must either: 5.5 (1) be approved by the commissioner; or 5.6 (2) have lettering at least three-quarters of an inch in 5.7 height, of block letter design. 5.8 Sec. 4. Minnesota Statutes 1996, section 349A.06, 5.9 subdivision 5, is amended to read: 5.10 Subd. 5. [RESTRICTIONS ON LOTTERY RETAILERS.] (a) A 5.11 lottery retailer may sell lottery tickets only on the premises 5.12 described in the contract. 5.13 (b) A lottery retailer must prominently display a 5.14 certificate issued by the director on the premises where lottery 5.15 tickets will be sold. 5.16 (c) A lottery retailer must keep a complete set of books of 5.17 account, correspondence, and all other records necessary to show 5.18 fully the retailer's lottery transactions, and make them 5.19 available for inspection by employees of the lottery at all 5.20 times during business hours. The director may require a lottery 5.21 retailer to furnish information as the director deems necessary 5.22 to carry out the purposes of this chapter, and may require an 5.23 audit to be made of the books of account and records. The 5.24 director may select an auditor to perform the audit and may 5.25 require the retailer to pay the cost of the audit. The auditor 5.26 has the same right of access to the books of account, 5.27 correspondence, and other records as is given to employees of 5.28 the lottery. 5.29 (d) A contract issued under this section may not be 5.30 transferred or assigned. 5.31 (e) The director shall require that lottery tickets may be 5.32 sold by retailers only for cash. 5.33 (f) A lottery retailer must prominently post at the point 5.34 of sale of lottery tickets, in a manner approved by the 5.35 commissioner of human services, the toll-free telephone number 5.36 established by the commissioner of human services in connection 6.1 with the compulsive gambling program established under section 6.2 245.98144.994. 6.3 Sec. 5. Minnesota Statutes 1996, section 609.115, 6.4 subdivision 9, is amended to read: 6.5 Subd. 9. [COMPULSIVE GAMBLING ASSESSMENT REQUIRED.] (a) If 6.6 a person is convicted of a felony for theft under section 6.7 609.52, embezzlement of public funds under section 609.54, or 6.8 forgery under section 609.625, 609.63, or 609.631, the probation 6.9 officer shall determine in the report prepared under subdivision 6.10 1 whether or not compulsive gambling contributed to the 6.11 commission of the offense. If so, the report shall contain the 6.12 results of a compulsive gambling assessment conducted in 6.13 accordance with this subdivision. The probation officer shall 6.14 make an appointment for the offender to undergo the assessment 6.15 if so indicated. 6.16 (b) The compulsive gambling assessment report must include 6.17 a recommended level of treatment for the offender if the 6.18 assessor concludes that the offender is in need of compulsive 6.19 gambling treatment. The assessment must be conducted by an 6.20 assessor qualified under section 245.98144.994, subdivision 2a6.21 5, to perform these assessments or to provide compulsive 6.22 gambling treatment. An assessor providing a compulsive gambling 6.23 assessment may not have any direct or shared financial interest 6.24 or referral relationship resulting in shared financial gain with 6.25 a treatment provider. If an independent assessor is not 6.26 available, the probation officer may use the services of an 6.27 assessor with a financial interest or referral relationship as 6.28 authorized under rules adopted by the commissioner of human 6.29 services under section 245.98, subdivision 2a. 6.30 (c) The commissioner of human services shall reimburse the 6.31 assessor for the costs associated with a compulsive gambling 6.32 assessment at a rate established by the commissioner up to a 6.33 maximum of $100 for each assessment. The commissioner shall 6.34 reimburse these costs after receiving written verification from 6.35 the probation officer that the assessment was performed and 6.36 found acceptable. 7.1 Sec. 6. [STUDY.] 7.2 The commissioner of health, in consultation with the 7.3 attorney general, shall study changes in financial, bankruptcy, 7.4 and credit laws that would protect innocent victims who are 7.5 financially linked to a compulsive gambler, and shall report to 7.6 the legislature by December 15, 1997. 7.7 Sec. 7. [APPROPRIATIONS.] 7.8 $3,280,000 in fiscal year 1998 and $4,090,000 in fiscal 7.9 year 1999 is appropriated from the general fund to the 7.10 department of health for the purposes contained in Minnesota 7.11 Statutes, section 144.994, subdivision 1, for the operation of 7.12 the problem gambling program. Any funds not expended in fiscal 7.13 year 1998 shall carry forward to 1999. 7.14 The lottery shall transfer $1,243,000 in fiscal year 1998 7.15 and $1,244,000 in fiscal year 1999 from the lottery prize fund 7.16 to the general fund to offset this appropriation. 7.17 Of the funds appropriated under this section, $1,100,000 in 7.18 fiscal year 1998 and $1,500,000 in fiscal year 1999 shall be 7.19 appropriated to operate the six treatment centers currently 7.20 providing gambling treatment. 7.21 Of the funds appropriated under this section, $300,000 in 7.22 fiscal year 1998 and $500,000 in fiscal year 1999 is 7.23 appropriated to the commissioner for operation of a 7.24 fee-for-service pilot project in southeast Minnesota and for the 7.25 establishment of a fee-for-service pilot project in northwest 7.26 Minnesota. 7.27 Of the funds appropriated under this section, $350,000 in 7.28 fiscal year 1998 and $550,000 in fiscal year 1999 is 7.29 appropriated to the commissioner for the operation of a pilot 7.30 project to develop a new approach for prevention, intervention, 7.31 and treatment to help southeast Asian compulsive gamblers. The 7.32 commissioner shall consult with the council on Asian Pacific 7.33 Minnesotans. 7.34 Of the funds appropriated under this section, $175,000 in 7.35 fiscal year 1998 and $175,000 in fiscal year 1999 is 7.36 appropriated for the operation of prevention and education 8.1 programs aimed at helping adolescent gamblers. 8.2 Of the funds appropriated under this section, $350,000 in 8.3 fiscal year 1998 and $250,000 in fiscal year 1999 is 8.4 appropriated for research surveys, outcome evaluations, and 8.5 assessment/diagnostic tools. An evaluation of the 8.6 fee-for-service pilot treatment project and a replication of the 8.7 1994 adult prevalence survey shall be conducted in fiscal year 8.8 1998. 8.9 Of the funds appropriated under this section, $240,000 in 8.10 fiscal year 1998 and $260,000 in fiscal year 1999 is 8.11 appropriated for administering the problem gambling program. 8.12 Of the funds appropriated under this section, $20,000 in 8.13 fiscal year 1998 and $60,000 in fiscal year 1999 is appropriated 8.14 for the assessment of certain felons. 8.15 Of the funds appropriated under this section, $50,000 in 8.16 fiscal year 1998 and $75,000 in fiscal year 1999 is appropriated 8.17 for developing provider standards. 8.18 Of the funds appropriated under this section, $160,000 in 8.19 fiscal year 1998 and $180,000 in fiscal year 1999 is 8.20 appropriated for operation of the hotline. 8.21 Of the funds appropriated under this section, $475,000 in 8.22 fiscal year 1998 and $480,000 in fiscal year 1999 is 8.23 appropriated for the public education, early intervention, and 8.24 prevention programs in Minnesota Statutes, section 144.944, 8.25 subdivision 9. 8.26 Of the funds appropriated under this section, $60,000 in 8.27 fiscal year 1998 and $60,000 in fiscal year 1999 is appropriated 8.28 for provider training, care consultation, and supervision. 8.29 Sec. 8. [REPEALER.] 8.30 Minnesota Statutes 1996, section 245.98, is repealed.