PRINTER'S NO. 809

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 711 Session of 1983


        INTRODUCED BY LLOYD, SINGEL AND HELFRICK, MAY 3, 1983

        REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 3, 1983

                                     AN ACT

     1  Providing for a project to develop a program for the prevention
     2     of and treatment for compulsive gamblers; establishing a
     3     special fund and providing for its administration; and making
     4     an appropriation.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Compulsive
     9  Gambling Prevention and Treatment Act.
    10  Section 2.  Legislative findings.
    11     The General Assembly finds that compulsive gambling is a
    12  serious social problem and there is evidence that availability
    13  of gambling increases the risk of becoming a compulsive gambler.
    14  Further, with the advent of legalized gambling, the Commonwealth
    15  has an obligation to provide a program of treatment for those
    16  persons who become addicted to gambling to the extent that it
    17  seriously disrupts lives and families. Further the General
    18  Assembly finds that such a program will save the Commonwealth


     1  money in terms of reduced costs in the areas of law enforcement,
     2  judicial proceedings and incarceration expenses.
     3  Section 3.  Definitions.
     4     The following words and phrases when used in this act shall
     5  have the meanings given to them in this section unless the
     6  context clearly indicates otherwise:
     7     "Compulsive gambler."  A person who is chronically and
     8  progressively preoccupied with gambling and the urge to gamble,
     9  with gambling behavior that compromises, disrupts or damages
    10  personal, family or vocational pursuits.
    11     "Department."  The Department of Health.
    12     "Fund."  The Compulsive Gambling Fund established in section
    13  11.
    14     "Secretary."  The Secretary of Health.
    15  Section 4.  Compulsive gambling program.
    16     The department shall establish a program for the treatment of
    17  compulsive gamblers. The secretary may operate the program with
    18  department personnel or may contract with any public or
    19  nonprofit agency to operate the program. The program shall
    20  provide compulsive gambling programs to provide outpatient
    21  services, consultation and education services and other forms of
    22  preventive, treatment or rehabilitation services for compulsive
    23  gamblers. The program may provide an inpatient facility for
    24  short-term care, not to exceed ten days, if needed to break the
    25  compulsive gambling behavior of the patient or to provide
    26  partial care services or aftercare services. Treatment and
    27  services shall also be available for the spouse and dependent
    28  children of the compulsive gambler. Research and training
    29  designed to improve and extend the foregoing services shall be
    30  proper items of expenditure.
    19830S0711B0809                  - 2 -

     1  Section 5.  Powers and duties of secretary.
     2     The secretary shall prepare and periodically review or revise
     3  a comprehensive plan for compulsive gambling services. The plan
     4  may include:
     5         (1)  An assessment of the extent of the problem of
     6     compulsive gambling.
     7         (2)  An inventory of compulsive gambling resources in the
     8     State.
     9         (3)  A statement of the needs of the various areas for
    10     services.
    11         (4)  An indication of the priorities of the different
    12     services needed.
    13         (5)  Criteria for implementing quality precare, care and
    14     aftercare services.
    15  Section 6.  Optional local projects.
    16     (a)  Assistance.--The governing body of any county or
    17  municipality which desires to establish or contract with any
    18  nonprofit group to establish a compulsive gambling program,
    19  which conforms to the provisions of this act and the regulations
    20  thereunder, may apply to the department for assistance as set
    21  forth in this act. Wherever possible, existing programs,
    22  organizations, resources, facilities and personnel should be
    23  made part of the program.
    24     (b)  Application.--The application shall set forth the
    25  proposed plans for the compulsive gambling program, the planned
    26  budget and such other information as the department may require.
    27     (c)  Conformity with State plan.--No local project shall be
    28  eligible for assistance under this act unless the proposed plan
    29  and budget conform to the State plan and the priorities
    30  established by the plan and the professional staff conform to
    19830S0711B0809                  - 3 -

     1  the standards prescribed by the department.
     2  Section 7.  State assistance to local projects.
     3     The secretary may utilize appropriated funds for the State
     4  compulsive gambling project to support local projects or
     5  demonstration projects relating to compulsive gambling which are
     6  carried out by public or nonprofit organizations.
     7  Section 8.  Powers of the department.
     8     In addition to any other powers and duties, the department
     9  shall have the following powers and duties:
    10         (1)  Promulgate rules and regulations governing the
    11     eligibility of local compulsive gambling projects to receive
    12     State grants under this act.
    13         (2)  Promulgate rules and regulations prescribing
    14     standards for qualifications of personnel and quality of
    15     professional services rendered and gambling programs
    16     supported by the State.
    17         (3)  Promulgate rules and regulations governing
    18     eligibility for service.
    19         (4)  Review and evaluate local projects, contracts and
    20     personnel practices and make recommendations thereon to the
    21     local governing body and the local health officer.
    22         (5)  Provide consultative staff service to assist in
    23     ascertaining local needs and in planning and establishing
    24     local compulsive gambling projects.
    25         (6)  Review and approve the plans and budgets submitted
    26     by local governing bodies for support under this act.
    27         (7)  Accept any Federal, public or private funds which
    28     may be available for compulsive gambling programs.
    29         (8)  Encourage the use of reformed compulsive gamblers in
    30     a peer counseling setting.
    19830S0711B0809                  - 4 -

     1         (9)  Submit an annual report to the General Assembly on
     2     all activities of the program including the number of people
     3     treated and followup information concerning the treated
     4     persons, including a financial accounting of expenditures,
     5     and a forecast of anticipated needs for the ensuing year.
     6         (10)  Carry on such other duties as may be necessary to
     7     accomplish the purposes of this act.
     8  Section 9.  Advisory Council on Compulsive Gambling.
     9     (a)  Establishment.--There is hereby established an Advisory
    10  Council on Compulsive Gambling in the department to consist of
    11  nine members appointed by the Governor who shall be familiar
    12  with the problems of and potential solutions for compulsive
    13  gambling including persons involved with existing compulsive
    14  gambling groups across the State and reformed compulsive
    15  gamblers.
    16     (b)  Meetings.--The advisory council shall meet quarterly or
    17  at other times as may be designated by the secretary.
    18     (c)  Officers.--The advisory council shall elect a
    19  chairperson and a vice chairperson.
    20     (d)  Expenses.--The members of the advisory council shall not
    21  receive any compensation but shall be entitled to receive actual
    22  expenses and traveling costs not in excess of $50 per day.
    23  Section 10.  Powers and duties of Advisory Council on Compulsive
    24                 Gambling.
    25     The advisory council shall:
    26         (1)  Make recommendations to the department for the
    27     development and implementation of a compulsive gambling
    28     project.
    29         (2)  Review and make recommendations on all contracts,
    30     rules and regulations which are entered into or promulgated
    19830S0711B0809                  - 5 -

     1     by the department.
     2  Section 11.  Compulsive Gambling Fund.
     3     (a)  Creation.--In order to carry out the purposes of this
     4  act, there is hereby created in the Treasury Department a
     5  special fund, which shall be known as the Compulsive Gambling
     6  Fund.
     7     (b)  Funding.--The revenues for the fund shall be derived
     8  from:
     9         (1)  One hundred fifty thousand dollars to be derived
    10     from the pool of money available for unclaimed winning
    11     tickets which are not paid as of April of the following year
    12     pursuant to section 222(b)(7.1) of the act of December 17,
    13     1981 (P.L.435, No.135), known as the Race Horse Industry
    14     Reform Act.
    15         (2)  Such funds as the General Assembly may from time to
    16     time appropriate into the fund for the purposes of this act.
    17     (c)  Appropriation.--The moneys contained in the fund are
    18  continuously appropriated to the department for the exclusive
    19  use of carrying out this act.
    20  Section 12.  Appropriation.
    21     The sum of $100,000, or as much thereof as may be necessary,
    22  is hereby appropriated to the department for the fiscal year
    23  1983-1984 for the administration and implementation of this
    24  program.
    25  Section 13.  Effective date.
    26     This act shall take effect in 60 days.



    C31L35RZ/19830S0711B0809         - 6 -