BILL REQ. #:  H-4791.2 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to the treatment of problem gambling; amending RCW 9.46.100, 67.70.230, and 43.20A.890; adding a new section to chapter 43.20A RCW; creating new sections; making an appropriation; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) The costs to society of problem gambling include family disintegration, criminal activity, and financial insolvencies;
     (b) Problem gamblers suffer a higher incidence of addictive disorders such as alcohol and substance abuse;
     (c) Residents of the state of Washington have the opportunity to participate in a variety of legal gambling activities. These include: Horse racing, the state lottery, punch boards and pull-tabs, bingo, card rooms, and gambling in casinos and bingo halls operated by Indian tribes;
     (d) A 1999 study funded by the Washington state lottery commission found that five percent of adult residents of Washington state and eight percent of adolescent residents could be classified as problem gamblers; and
     (e) There are no publicly or privately funded treatment programs for problem gamblers in Washington state and a very limited number of professionals trained in identification and treatment of the disorder.
     (2) Therefore, it is the policy of the state of Washington to set a dedicated source of funding to increase treatment services for problem gamblers, training in the identification and treatment of problem gambling, public awareness and education regarding problem gambling, and specific education and treatment programs regarding problem gambling for adolescents.

Sec. 2   RCW 9.46.100 and 2002 c 371 s 901 are each amended to read as follows:
     There is hereby created the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All moneys received by the commission or any employee thereof, except for change funds and an amount of petty cash as fixed by rule or regulation of the commission, shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the gambling revolving fund. Disbursements from the revolving fund shall be on authorization of the commission or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the gambling revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund. All expenses relative to commission business, including but not limited to salaries and expenses of the director and other commission employees shall be paid from the gambling revolving fund.
     During the ((2001-2003)) 2003-2005 fiscal biennium, the ((legislature may)) commission shall transfer five hundred thousand dollars from the gambling revolving fund to the ((state general fund such amounts as reflect the excess fund balance of the fund and reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings)) problem gambling treatment account created in section 5 of this act.

Sec. 3   RCW 67.70.230 and 1985 c 375 s 4 are each amended to read as follows:
     There is hereby created and established a separate account, to be known as the state lottery account. Such account shall be managed, maintained, and controlled by the commission and shall consist of all revenues received from the sale of lottery tickets or shares, and all other moneys credited or transferred thereto from any other fund or source pursuant to law. The account shall be a separate account outside the state treasury. No appropriation is required to permit expenditures and payment of obligations from the account.
     During the 2003-2005 fiscal biennium, the commission shall transfer five hundred thousand dollars from the state lottery account, from funds allotted for promotion of lottery games, to the problem gambling treatment account created in section 5 of this act.

Sec. 4   RCW 43.20A.890 and 2002 c 349 s 4 are each amended to read as follows:
     (1) A program for: (a) The prevention and treatment of ((pathological)) problem gambling; and (b) the training of professionals in the identification and treatment of problem gambling is established within the department of social and health services, to be administered by a qualified person who has training and experience in ((handling pathological)) problem gambling ((problems)) or the organization and administration of treatment services for persons suffering from ((pathological)) problem gambling ((problems)). The department shall track program participation and client outcomes.
     (2) To receive treatment under subsection (1) of this section, a person must:
     (a) Need treatment for ((pathological)) problem gambling, but be unable to afford treatment; and
     (b) Be targeted by the department of social and health services as to be most amenable to treatment.
     (3) Treatment under this section is ((limited to)) available only to the extent of the funds ((available)) appropriated to the department of social and health services for this specific purpose.
     (4) ((The department of social and health services shall report to the legislature by September 1, 2002, with a plan for implementing this section.
     (5) The department of social and health services shall report to the legislature by November 1, 2003, on program participation and client outcomes.)) For the purposes of this section, "problem gambling" includes patterns of gambling behavior that negatively impact the lives of gamblers and their families, with serious personal, financial, or legal consequences. Problem gambling may take two major forms: Compulsive gambling and underage gambling.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.20A RCW to read as follows:
     The problem gambling treatment account is created in the state treasury. All receipts from the licensing surcharge established in section 2(1) of this act must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of the program established under RCW 43.20A.890.

NEW SECTION.  Sec. 6   A task force on funding the treatment of problem gambling is established.
     (1) The task force shall consist of the following members:
     (a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (c) One member representing the governor, appointed by the governor;
     (d) Three members representing commercial gambling establishments regulated by the gambling commission, appointed by the governor;
     (e) Three members representing gambling establishments operated by federally recognized tribes, appointed by the governor in consultation with the tribes; and
     (f) One member representing a nonprofit organization involved in prevention and/or treatment of problem gambling, appointed by the governor.
     (2) In addition, the state lottery commission, the Washington horse racing commission, the Washington state gambling commission, and the department of social and health services shall maintain a liaison representative, who shall be a nonvoting member. The governor's office shall provide staff support to the task force. The task force shall choose its chair from among its voting members.
     (3) The task force shall develop a recommendation to the legislature regarding: (a) The scope of the need for problem gambling prevention and treatment based on the experience of other states with problem gambling treatment programs and research findings; (b) a mechanism for all who conduct legal gambling and gaming activities to contribute equitably to funding for prevention and treatment of problem gambling; and (c) a mechanism to ensure that funding for treatment of problem gambling increases in proportion to increases in gambling activities.
     (4) The task force shall report its findings and recommendations to the legislature by December 1, 2004.
     (5) This section expires July 1, 2005.

NEW SECTION.  Sec. 7   The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2005, from the problem gambling treatment fund to the department of social and health services for the purposes of the problem gambling program under RCW 43.20A.890.

NEW SECTION.  Sec. 8   This act may be known and cited as Ben's bill.