BILL NUMBER: AB 1339 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JULY 3, 2007
AMENDED IN ASSEMBLY APRIL 18, 2007
INTRODUCED BY Assembly Member Torrico
(Principal coauthor: Senator Florez)
(Coauthors: Senators Alquist, Cedillo, and Kuehl)
FEBRUARY 23, 2007
An act to amend Sections 4369.1, 4369.2, and 4369.3 of, and to
repeal and add Section 4369.4 of, the Welfare and Institutions Code,
relating to problem and pathological gambling.
LEGISLATIVE COUNSEL'S DIGEST
AB 1339, as amended, Torrico. Problem and pathological gambling.
Existing law establishes the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drugs Programs
for the purpose of developing a problem gambling prevention program,
including, but not limited to, a public awareness campaign, and
requires the office to develop a statewide plan to address problem
and pathological gambling.
This bill would specify the programs to be included in the plan,
would require the plan to serve as the state's strategic plan for the
prevention, intervention, detection, treatment, and research of
problem and pathological gambling behaviors, and would require that
the plan be updated periodically, at the discretion of the office.
This bill would establish the Problem and Pathological Gambling
Advisory Board and would set forth its advisory duties. The bill
would require the office to revise its strategic plan, as necessary,
and to deliver it to the Governor and the Legislature by July 1,
2009.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4369.1 of the Welfare and Institutions Code is
amended to read:
4369.1. As used in this chapter, the following definitions shall
apply:
(a) "Department" means the State Department of Alcohol and Drug
Programs.
(b) "Director" means the director of the department.
(c) "Office" means the Office of Problem and Pathological
Gambling.
(d) "Pathological gambling disorder" means a progressive mental
disorder meeting the diagnostic criteria set forth by the American
Psychiatric Association's Diagnostic and Statistical Manual, Fourth
Edition.
(e) "Problem gambling" means participation in any form of gambling
to the extent that it creates a negative consequence to the gambler,
the gambler's family, place of employment, or community. This
includes patterns of gambling and subsequent related behaviors that
compromise, disrupt, or damage personal, family, educational,
financial, or vocational interests. The problem gambler does not meet
the diagnostic criteria for pathological gambling disorder.
(f) "Problem gambling prevention programs" means programs designed
to reduce the prevalence of problem and pathological gambling among
California residents. These programs include, but are not limited to,
public education and awareness, outreach to high-risk populations,
early identification, responsible gambling, and consumer protection
programs, such as self-exclusion programs for patrons, programs
recommending socially responsible manners of advertising, policies
for locating responsible gambling information and material in
conspicuous locations, and policies regarding the location of
automated teller machines (ATM) in casinos.
(g) "Advisory board" means the Problem and Pathological Gambling
Advisory Board established pursuant to Section 4369.4.
(h) "Problem gambling treatment programs" means programs that
provide direct treatment services to the problem and pathological
gambler to reduce or eliminate addictive problem and pathological
gambling behaviors. These programs may directly involve family
members or may include early intervention strategies designed for the
at-risk gambler.
SEC. 2. Section 4369.2 of the Welfare and Institutions Code is
amended to read:
4369.2. (a) The office shall develop a problem and pathological
gambling prevention program. The prevention program shall be based
upon the allocation priorities established by the department pursuant
to the strategic plan and subject to funding being appropriated for
the purpose of this subdivision, and shall consist of all of the
following:
(1) A multilingual toll-free telephone service for immediate
crisis management and containment with subsequent referral of problem
and pathological gamblers to health providers who can provide
treatment for gambling related problems and to self-help groups.
(2) Public awareness campaigns that focus on prevention and
education among at-risk populations and the general public including,
for example, dissemination of youth-oriented preventative
literature, educational experiences, outreach programs, and public
service announcements in the media.
(3) Empirically driven research programs focusing on
epidemiology/prevalence, etiology/causation, and best practices in
prevention and treatment. Pertinent studies shall seek to include
short- and long-term studies and longitudinal studies for a smaller
percentage of the client population to measure the impact and
efficacy of treatment services over an extended period of time.
(4) Training of health care professionals and educators, and
training for law enforcement agencies and nonprofit organizations in
the identification of problem and pathological gambling behavior and
knowledge of referral services and treatment programs.
(5) Training of gambling industry personnel in identifying
customers at risk for problem and pathological gambling and knowledge
of referral and treatment services.
(b) (1) The office shall develop a program to support treatment
services for California residents with problem and pathological
gambling issues. The program shall be based upon the allocation
priorities established by the department pursuant to the strategic
plan and subject to funding being appropriated for the purposes of
this subdivision. These priorities shall also be based on the best
available existing state programs as well as on continuing research
into best practices and on the needs of California. The treatment
program shall consist of all of the following components:
(A) Treatment services for problem and pathological gamblers and
directly involved family members. These treatment services shall be
created through partnerships with established entities that
demonstrate the ability and capacity to provide evidence-based and
culturally competent treatment for gambling related problems. State
funded treatment may include, but is not limited to, the following:
self-administered, home-based educational programs; outpatient
treatment; residential treatment; and inpatient treatment when
medically necessary.
(B) A funding allocation methodology that ensures treatment
services are delivered efficiently and effectively to areas of the
state most in need.
(C) Appropriate review and monitoring of treatment programs by the
director of the office, in consultation with the advisory board or
an institution designated by the director that shall have
demonstrated the ability to evaluate treatment programs. The
evaluation shall include grant oversight and monitoring, standards
for treatment, and outcome monitoring.
(D) Treatment efforts shall provide services that are relevant to
the needs of a diverse multicultural population with attention to
groups with unique needs, including female gamblers, underserved
ethnic groups, the elderly, youth, young adults, and the physically
challenged.
(2) Problem gambling treatment programs shall utilize existing
gambling treatment service providers as well as expanding the role of
some of the existing substance-abuse treatment agencies and other
qualified disciplines, community-based organizations, and other
entities, who demonstrate the ability and capacity to provide
evidence-based and culturally competent treatment services.
(c) The office shall make information available as requested by
the Governor and the Legislature with respect to the comprehensive
program.
(d) The office shall revise its strategic plan as necessary and as
directed by this chapter and deliver the plan to the Governor and to
the relevant fiscal and policy committees of the Legislature, by
July 1, 2009.
SEC. 3. Section 4369.3 of the Welfare and Institutions Code is
amended to read:
4369.3. (a) In designing and developing the overall program, the
office, in consultation with the advisory board, shall do all of the
following:
(1) Develop a statewide plan to address problem and pathological
gambling. The statewide plan shall serve as the state's strategic
plan for the prevention, detection, intervention, treatment, and
research of problem and pathological gambling behaviors. The
statewide plan shall be updated periodically, at the discretion of
the office, as goals are accomplished or modified, or as additional
funding or information becomes available.
(2) Adopt any regulations necessary to administer the program.
(3) Develop priorities for funding services and criteria for
distributing program funds.
(4) Monitor the expenditures of state funds by agencies and
organizations receiving program funding.
(5) Evaluate the effectiveness of services provided through the
program.
(6) Pursue policy changes and funding requests to achieve the
goals and objectives of the strategic plan.
(7) Evaluate annual program funding needs consistent with the
strategic plan, and develop an equitable funding request from all
gaming interests throughout California.
(8) Coordinate and work with any other agency that regulates
casino gambling or cardrooms within the state or other entities
involved in gambling and the treatment of problem and pathological
gamblers.
(b) Notwithstanding any other provision of law, any contracts
required to meet the requirements of this chapter are exempt from the
requirements contained in the Public Contract Code and the State
Administrative Manual, and are exempt from the approval of the
Department of General Services.
(c) The first and highest priority of the office with respect to
the use of any funds appropriated for the purposes of this chapter
shall be to carry out paragraph (1) of subdivision (a).
(d) Administrative costs for the program may not exceed 10 percent
of the total funding budgeted for the program.
SEC. 4. Section 4369.4 of the Welfare and Institutions Code is
repealed.
SEC. 5. Section 4369.4 is added to the Welfare and Institutions
Code, to read:
4369.4. (a) The Problem and Pathological Gambling Advisory Board
is hereby established, consisting of 19 nine
members as follows:
(1) Director of the department, or his or her designee, who shall
serve as the chair.
(2) Director of the Division of Addiction and Recovery Services
within the Department of Corrections and Rehabilitation, or his or
her designee.
(3) Director of Mental Health, or his or her designee.
(4) Director of Finance, or his or her designee.
(5)
(3) Executive Director of the California Horse Racing
Board, or his or her designee.
(6)
(4) Executive Director of the California Gambling
Control Commission, or his or her designee.
(7)
(5) Director of the Division of Gambling Control within
the Department of Justice, or his or her designee.
(8)
(6) Director of the California State Lottery
Commission, or his or her designee.
(9)
(7) Three representatives appointed by the director,
one each representing a gambling-related, mental health-related, and
substance abuse treatment provider.
(10) Three representatives from the gambling industry, one
appointed by the Senate Committee on Rules, one appointed by the
Speaker of the Assembly, and one appointed by the director.
(11) One representative of academia that has a specialty in
addiction research.
(12) Four representatives of the Legislature, two appointed by the
President pro Tempore of the Senate and two appointed by the Speaker
of the Assembly.
(b) The director shall make appointments to the advisory board by
July 1, 2008.
(c) The director shall convene the advisory board at least once
every 3 months, or more frequently as needed.
(d) The advisory board may establish subcommittees to examine in
more detail issues related to problem and pathological gambling.
(e) Members of the advisory board shall serve without compensation
and shall receive no allowances or reimbursement for travel or other
expenses related to attending board meetings.