PRINTER'S NO. 809
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 -