BILL REQ. #:  H-4104.1 

Read first time 01/20/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to the treatment of problem gambling; amending RCW 9.46.100 and 43.20A.890; adding a new section to chapter 9.46 RCW; adding a new section to chapter 43.20A RCW; and creating new sections.

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.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.46 RCW to read as follows:
     (1) In addition to annual license fees authorized under RCW 9.46.070(5), the commission shall establish an annual licensing surcharge.
     (a) This licensing surcharge applies to all licensees under this chapter except:
     (i) Those persons licensed under RCW 9.46.070(17) and employed: (A) By an operator of a gambling activity authorized by this chapter; or (B) by any manufacturer, supplier, or distributor of devices for those activities; and
     (ii) Organizations authorized under RCW 9.46.0311.
     (b) From July 1, 2004, through June 30, 2005, the licensing surcharge is one-half of one percent of net proceeds of all gambling activities conducted by the licensee during the preceding twelve-month period. Beginning July 1, 2005, the licensing surcharge is one percent of net proceeds of all gambling activities conducted by the licensee during the preceding twelve-month period.
     (c) The licensing surcharge applies to licensees as their annual license renewal fees under RCW 9.46.070(5) become due to be paid after June 30, 2004.
     (2) All funds received by the commission, or any employee thereof, from the licensing surcharge established in subsection (1) of this section shall be deposited in the problem gambling treatment account.

Sec. 3   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, except the licensing surcharge established in section 2(1) of this act. 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 fiscal biennium, the legislature may transfer 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.))

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   This act may be known and cited as Ben's bill.