L Legislative Activity and Inactivity

Fall, 2003 VolumeWinter, 3, Issue 2003 3 Volume 3, Issue 4 Legislative Activity and Inactivity Professor, I Nelson Rose Whittier Law School FEATURE ARTICLE egal gambling is a creature There are only two other times significant. The major difference Lcreated by legislation. Casinos, legislatures get involved in rethinking between now and then is that state lotteries and racetracks cannot legal gambling; when scandal hits, gambling has become an accepted exist without specific laws calling or the state needs more money. The part of modern Western societies, them into existence and giving them budgets of almost every state were that movements to legalize are more shape. devastated by the terrorist attacks of likely to succeed, and more likely to Sept. 11, 2001, and the attract young patrons. ensuing economic So far, no one has suggested that recession. Thus, it is not existing operations could increase surprising that their customer bases by lowering the governments all over gambling age. Owners and operators North America have of all forms of legal gambling have been looking at found that when the minimum age expanding legal for placing a legal bet is 18-years- gambling, or increasing old, the 18- to 21-year-olds are an the tax on existing unimportant part of their market. operations. The New York State Legislature, for example, passed Inside this issue laws allowing full-scale tribal casinos and the introduction of slot Legislative Activity and Inactivity 1 machines in racetracks. Bet You Didnt Know 2 The most extreme example of a state trying Juvenile Delinquency 3 to squeeze every cent it Pursuing Pleasure 5 can from legalized gaming is Illinois, Education in Egypt 7 But once the basic framework has where the highest tax bracket on School Connectedness 8 been laid down, most state legislators casino revenue was raised to an tend to lose interest. The day-to-day unprecedented 70%. Lets Talk Prevention 10 governing is turned over to regulators and the industry itself. Certainly, The effects of the expansion of legal News from Nottingham Trent 11 minor issues are regularly brought gambling in the early 21st century is up before lawmakers for a vote. But not significantly different from the New Publications 12 most of the actual work is done by expansion that took place in the late committees and subcommittees, 20th century. Availability will create * * * whose reports and recommendations more opportunities for youth News from Centre 13 are rarely overturned. So, most gambling. Because there is already Upcoming events 14 legislative changes affecting existing so much commercial, charitable and legal gambling are fairly minor tribal gaming in the United States reforms. and Canada, the recent and future increases are not particularly Continued on page 2 © Copyright 2003, all rights reserved worldwide Gambling and the Law® is a registered trademark of Professor I Nelson Rose, Whittier Law School, Costa Mesa, CA Continued from page1 Put another way, raising the minimum selling lottery tickets to 18-year-olds. age group. Dr. Rachel Volberg, found gambling age from 18, to 21, does So, on June 1, 2003, the minimum that, in the relatively few studies that not have a significant impact on the age was raised to 21 across the board, have been done, 18- to 21-year-olds bottom-line. for tribal casinos, state lottery tickets, are three times as likely to have The few legislators who have looked and parimutuel wagering. problems with gambling as in the at the issue have learned quickly that In the early 1990s, the Louisiana general population. At trial, the lowering the minimum age to gamble, Legislature followed the lead of every States expert, Dr. James Westphal, even if it were politically and morally other state in the US and raised its testified that, Although the 18 to 20 possible, would not bring in minimum legal drinking age from 18 year-old age group only comprises significantly more money for the to 21. The Louisiana Supreme Court 8.2% of the total adult population, state. On the other hand, there is also upheld that law in 1996. The case is that age group makes up 22.5% of no reason to think about raising the significant because, under Louisiana total adults with gambling disorders. minimum age, once it has been set, laws, not only is an 18-year-old a full The bottom-line for those interested or doing anything else about youth adult for all purposes, but the in raising the minimum gambling age gambling unless there is a scandal. Louisiana Constitution also has an is clear. Governments at all levels Thus, only a few jurisdictions have unusual Individual Dignity Clause, have the power to make 21 the changed their minimum age for a unique provision that gives greater minimum age for any or all forms of gambling in the last few years. Those protection against age discrimination gambling. There are no legal barriers. that have have almost consistently than either the United States The problem remains getting the raised it from 18 to 21. Constitution or any other State Legislatures attention. The most important modifications of Constitution. But the Court found Professor I Nelson Roses website is minimum gambling ages came from there was an appropriate government www.GamblingAndTheLaw.com Arizona and Louisiana. Arizona was purpose in improving highway faced with large-scale tribal casinos safety for all citizens. with expiring compacts. Under The case also led the Louisiana American federal law, tribes may Legislature in 1998 to raise the only operate slot machines and minimum age to gamble on both the banking table games if they have State Lottery and privately owned compacts with the states in which the video poker machines from 18 to 21. casinos are located. The Arizona In 2001 the State Supreme Court, in Legislature was willing to agree to a split decision, upheld that law as renew the compacts, and even allow well. The Court was divided, tribal casinos to expand, but it wanted however, because, while there is to impose new restrictions, including extensive evidence of the dangers of raising the minimum gambling age letting young people drink and drive, to 21. The tribes argued that it was the U.S. and, in fact, the entire unfair to ask them to exclude players world has little experience with under 21 when the state itself was widespread legal gambling for any Bet You Didnt Know... he Institute and the currently available on their website resident who didnt claim a winning T Massachusetts Council on (www.masscompulsivegambling.org) lottery ticket until after the 180-day Compulsive Gambling collaborated or by contacting the Massachusetts deadline has missed out on $50 on the development of a research- Council on Compulsive Gambling, million dollars! Florida lottery based minimal intervention response 190 High Street, Suite 5, Boston, MA spokeswoman is quoted as saying for help seekers. Your First Step to 02110-3031. Somebody didnt get their $50 Change is a self-help guide for oo Late! million. There is no second chance. individuals experiencing gambling- According to the report, it was the related problems but unlikely or T According to an online U.S. largest of 19 unclaimed jackpots in unable to get professional treatment. National-Reuters news story the 15-year history of the Florida A PDF version of the guide is published on Sept. 9th, a Florida Lottery. Juvenile Delinquency and Adolescent Gambling: Implications for the Juvenile Justice System Maggie E. Magoon, Ph.D. International Centre for Youth Gambling and High-Risk Behaviors espite the increasing body of Gupta, 1998; Westphal et al., 1998). delinquent acts (particularly theft- Dliterature that supports the This is up to nine times the rate of related crimes); those suspected of connection between adolescent pathological gamblers in the general participating in gambling; and during gambling and a number of risk- adolescent population (4-7%) and a intake processing into the juvenile taking behaviors, only a small minimum of approximately 20 times justice system. The three main scales number of studies have measured that of the adult general population used to measure adolescent gambling behavior among of pathological gamblers (1-3%). gambling are the Gamblers incarcerated adolescents Additionally, while males and Anonymous Twenty Questions (Derevensky & Gupta, 1998; females in the general adolescent (GA20) screen, The Diagnostic Maden, Winton, & Gunn, 1992; population typically differ on several Statistical Manual-IV-Multiple Westphal, Rush, Stevens, & characteristics (i.e., money wagered, Response-Juvenile (DSM-IV-MR- Johnson, 1998). In surveying age of self-esteem), Derevensky and Gupta J; Fisher, 2000), and The South Oaks onset of problem behaviors, did not find these differences within Gambling Screen-Revised for gambling often precedes other risky Adolescents (SOGS-RA; Winters, behaviors, possibly serving as a Stinchfield, & Fulkerson, 1993a, gateway behavior. This is of 1993b). The judicial system may paramount importance when also elect to use a pre-existing intake excessive participation in gambling form such as the Gambling-Related results in committing delinquent or Occurrence Report (GOR) (Smith, illegal acts to support a gambling Wynne, & Hartnagel, 2003) which habit. Incarcerated adolescents requests law enforcement officials represent a high-risk population for to include questions pertaining to gambling problems (Westphal et al., gambling on their juvenile intake 1998), and the judicial system and form. youth workers need to be aware and take into consideration

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